EA has asked a judge to dismiss the latest complain in an ongoing lawsuit over the use of NCAA players’ likenesses.
In a couple of court documents compiled by Joystiq, EA is seen to have asked for the dismissal of the third amended complaint.
The third complaint seeks to add six more athletes to the suit, which would make it certifiable as a class action lawsuit.
EA didn’t supply any fresh arguments to support its case, simply stating – again – that the suit doesn’t provide enough evidence of a “conspiracy” between the NCAA and EA. This strategy hasn’t held up well so far.
The court will respond to EA’s motion by September 5.
The suit alleges EA Sports knowingly used the likenesses of real NCAA players for its college basketball and football game, but under invented names, and claims the two companies conspired to deny players due royalties. The evidence is pretty damning. The situation is complicated by NCAA rules that players cannot earn royalties.
The NCAA recently chose not to renew its relationship with EA Sports following a successful monopoly lawsuit spearheaded by the same law firm. The chief attorney in the case against EA said this was a move designed to evade responsibility. EA Sports signed up with the CLC instead.