KELLER V. ELECTRONIC ARTS, INC.
724 F.3d 1268 (9th Cir. 2013)
NATURE OF THE CASE: Electronic (D) appealed a denial of a motion to strike a complaint as
a strategic lawsuit against public participation under California's anti-SLAPP statute.
FACTS: Keller (P) was the starting quarterback for Arizona State University in 2005
before he transferred to the University of Nebraska, where he played during the 2007 season.
Electronic (D) is the producer of the NCAA Football series of video games, which allow users
to control avatars representing college football players as those avatars participate in
simulated games. D sought to replicate each school's entire team as accurately as possible.
Each avatar had the player's actual jersey number and virtually identical height, weight,
build, skin tone, hair color, and home state. D omits the players' names on their jerseys
and assigns each player a home town that is different from the actual player's home town. D
does allow images from the game containing athletes' real names to be posted on its website
by users. Users can alter reality by entering 'Dynasty' mode, or 'Campus Legend' mode.
Objecting to this use of his likeness, P filed a putative class-action complaint for
violation of publicity rights. D moved to strike the complaint as a strategic lawsuit
against public participation ('SLAPP') under California's anti-SLAPP statute. The district
court denied the motion. D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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