Keller v. Electronic Arts Inc.

In its defense, Electronic Arts Inc. said Sam Keller’s lawsuit over its football video game should be dismissed because

Choose from the following options.

the game as sold by EA does not mention any player by name.

the game is an example of artistic license.

the Communications Decency Act prohibits lawsuits against video game creators.

the game constituted a matter of public interest.

the game constituted a matter of public interest.

The federal appeals court said in Keller v. Electronic Arts Inc. that the video game company was liable to Keller for damages because the avatar

Choose from the following options.

lacked significant transformative elements.

was capable of a defamatory meaning.

had failed to depict him accurately.

could be manipulated by the game player.

lacked significant transformative elements.

The majority opinion said the Rogers v. Grimaldi test should be limited to cases brought under

Choose from the following options.

the Communications Act.

the common law of defamation.

contract law.

the Lanham Act.

the Lanham Act.

In his dissent, Judge Thomas offered three reasons the publicity interests of the players were minimal. Which of the following is not one of them?

Choose from the following options.

NCAA college athletes do not have the right to license their names and likenesses, even if they chose to do so.

the players are not identified in the game

no player's reputation is damaged by his being included in the game.

a player cannot own the individual, publicly available statistics on which the game is based.

no player's reputation is damaged by his being included in the game.