Wednesday, December 06, 2017
Appeals Court Rules 'NBA 2K' Players Lack Standing to Sue Over Face-Scanning
Hollywood Reporter: In the past few years thanks to various court decisions, it's become tougher to mount a class action lawsuit with appellate judges tightening what plaintiffs must show in order to have standing to sue. That's especially important as digital services collect all sorts of data on their users and as many worry about privacy breaches. The latest news on this front came Tuesday at the 2nd Circuit Court of Appeals as some of those who created personalized virtual basketball players in NBA 2K15 and NBA 2K16 got mostly bad news in their legal effort to sue video game maker Take-Two Interactive over biometric collection.In the past few years thanks to various court decisions, it's become tougher to mount a class action lawsuit with appellate judges tightening what plaintiffs must show in order to have standing to sue. That's especially important as digital services collect all sorts of data on their users and as many worry about privacy breaches. The latest news on this front came Tuesday at the 2nd Circuit Court of Appeals as some of those who created personalized virtual basketball players in NBA 2K15 and NBA 2K16 got mostly bad news in their legal effort to sue video game maker Take-Two Interactive over biometric collection.
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At some point, we all give up a little bit of privacy. Anyone with a social media account gives up some privacy. What is interesting in this case is that the game players are suing as a class because of fears of a data breach that has not occurred and that their facial biometrics could be “released” as a result of the breach. I have to agree with the courts. There does not appear to be an injury. It is the basic precedent needed to be set in bring a constitutional challenge on appeal. That you, the plaintiff, have suffered an injury as a result of someone else’s actions. To put that more simply, if you lose in district (or criminal court) in order for you to have a case to appeal, you need to show that the actions of the court below (District or Criminal) caused an injury to be placed upon your person. Example: a piece of evidence is illegally obtained by the police and is admitted at trial. That piece of evidence is then used to convict you. By allowing that piece of evidence that was illegally obtained, the court caused injury to you which allows you to appeal. Just because something might happen does not mean you can preemptively sue. Also, if you don’t want your face out there, don’t put it on social media. A video game is not the only thing collecting facial biometrics.
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