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A New York federal judge has tossed out a potential digital biometrics privacy class action lawsuit against the makers of NBA video games, saying the video basketball game players likely should have known their facial likenesses would be stored by a system that took 15 minutes to complete a scan of a player's face and store the image for use as an avatar in the game.But the true impact of the case on other lawsuits brought under an Illinois biometrics privacy law is likely to be small, said an attorney whose practice focuses on digital privacy laws.