Seems to have broken about an hour ago.
In a 2-1 vote, the 9th U.S. Circuit Court of Appeals agreed with a lower court that EA had used the images in its video games of several ex-NCAA athletes without their permission in its NCAA football and basketball series. The decision comes two weeks after EA lost the rights to put the NCAA logo and name on its games beyond this year.Circuit Judge Jay Bybee, writing for the majority of the court, said EA's game "literally recreates [Arizona State University quarterback Samuel] Keller in the very setting in which he has achieved renown."Circuit Judge Sidney Thomas dissented, however, arguing that the games' creative elements "predominate over the commercial use of the athletes' likenesses" and that "Keller's impressive physical likeness can be morphed by the gamer into an overweight and slow virtual athlete, with anemic passing ability".The decision could open up additional legal action against the video game publisher from other former college athletes who have been unhappy with their likenesses being used in the games without compensation.