The 9th US Circuit Court of Appeals rejected the attempt of Electronic Arts (EA) to throw out the case filed by former athletes of the National Collegiate Athletic Association. Eight plaintiffs led by the quarterback of the Arizona State University, Samuel Keller, earlier accused EA of unauthorized use of their likeness in its video games. The federal appeals court ruled that the video game company's use of the athlete's images in its NCAA Football and NCAA Basketball games without permission did not deserve the protection of the US Constitution. In particular, the court ruled that the use of the images did not constitute free expression and therefore do not qualify for protection under the First Amendment.

Sports law professor at the Tisch Center of New York University Robert Boland explained the ruling. "It says that athletes do have a right of ownership in their images, even after they leave college. While it doesn't change the status of athletes now in college, it begins to shape their financial rights in their images," he said.