Last year, a Federal judge ruled in favour of Electronic Arts in a lawsuit brought forward by former NFL superstar-turned-actor Jim Brown. Well, Brown just won’t take no for an answer.
Brown claimed that classic rosters in EA Sports’ Madden series used his “likeness”, and since he hadn’t been asked about it – or paid for it – he took them to court. The judge ruled against him, however, saying that the alleged “likeness” (which didn’t use his name or face, just his number and general appearance) was OK, because video games are “expressive works, akin to an expressive painting that depicts celebrity athletes of past and present in a realistic sporting environment”.
The judge in question was Florence-Marie Cooper, who in January died of lymphoma. Brown now says Cooper’s ruling was “erroneous”, and is looking for a San Francisco court to overturn the decision.