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2K Games Wins the Right To Store and Share Your Biometric Facial Data (engadget.com)
In October 2015, two gamers who used face-scanning tech found in 2K Games' NBA series to create more realistic avatars filed a lawsuit against the company as they were concerned about how 2K would store and use their biometric data. On Monday, however, a New York federal judge ruled that neither games' biometric face scanning tech had established 'sufficient injury' to the plaintiffs, implying that their concerns over privacy were unfounded. Engadget reports: Using your console's camera, the company employs face-scanning tech in its popular NBA series, with both 2K's NBA 2K16 and 2K15 using the data to help players create more accurate avatars. In order to use the tech, players must first agree to 2K's terms and conditions, consenting that after scanning them their face may be made visible to others. While the plaintiffs agreed to the publisher's terms, the court case arose because the gamers claimed that 2K never made clear made clear that scans would be stored indefinitely and biometric data could be shared. With little evidence to suggest how their privacy would be at risk, the judge gave 2K the benefit of the doubt. Still, no matter the outcome, it's a landmark case, with biometric data sure to play an increasingly important role in identifying individuals in the future. While there is certainly nothing that suggests that 2K will use the data for nefarious means, the result of this case does raise some interesting questions about who owns the right to your digital likeness.
At least this one doesn't sound like it was written by my grandpa. Instead of referring to them as "gamers," the other summary used the terms "video basketball players" and "athletes" and made it sound as though they'd been scanned as part of the game's production process.
2K Games Wins the Right To Store and Share The Biometric Facial Data That You Voluntarily Gave Them.
This isn't scanning people against their will. This is people who decided they wanted their devices to scan them, uploaded them to 2K Games, and then decided to be concerned about their privacy.
I'm not saying this isn't scummy on 2K's part or troubling. But the first step to not having companies build facial recognition of you is to not decide to scan your face and give it to them.
Also, the plaintiffs can still sue under state law. The ruling is that they can't make a federal case out of it.
ELU's are not contracts and can be fought in court.
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