Jim Brown sues Sony, EA over Madden likeness

by Kyle Orland { Aug 1st 2008 at 12:35PM }

You'd think most football players would be overjoyed to be named to the Madden's "All Browns Team." Not hall-of-fame running back Jim Brown, though. Bloomberg reports that Brown filed suit against Electronic Arts and Sony yesterday in a New York court, alleging that he "never signed away any rights that would allow his likeness to be used.''

What makes Brown different from the hundreds of other current players represented in the game? According to the lawsuit, Brown alleges that when he played in the '50s and '60s, "the NFL had league wide policy that players shall have no lawyers or agents when negotiating compensation." Even if he had had a lawyer, Brown argues, "video games were not invented yet and no union to obtain rights from [them] existed.'

It's a decent argument, but we'd like to think that some forward-looking '60s lawyer could have foreseen the invention of video games and included them in his contract negotiations. After all, today's sports contracts routinely contain clauses for holosim royalties (No, not really).

[Via GameDaily]

Tags: cleveland-browns, EA, EA-sports, electronic-arts, jim-brown, lawsuit, legal, Madden, Sony

Reader Comments (Page 1 of 1)

offday @ Aug 1st 2008 12:43PM

This is kind of retarded. But at the same time I hate EA Sports.

Hmm. I don't know what side I should be on.

princeofshapeir @ Aug 1st 2008 1:29PM

Hes suing over a player wearing a Cleveland Browns uniform and is identified as #32. Last time I checked, Jim Brown didn't own the Cleveland Browns, nor did he own the #32.

The_Punisher @ Aug 1st 2008 12:44PM

Why Sony and no Microsoft?

Clearly he works for M$ xD

F1 & The Way PC used to be. @ Aug 1st 2008 4:31PM

It must be nice to be retarded huh? Uh Oh! Looks like you got some drool on your lip!

The_Punisher @ Aug 1st 2008 5:10PM

Of all the dumb jokes, that was a low point. I like the one from spongebob more:

"Hey buddy, y' need a ride? I was just on my way to the big dufus convention."

xD

FOXHOUND @ Aug 1st 2008 12:44PM

I would pay him the royalties. He's a HOF'er that could beat them up and their big brother. -nod-

Bears Fan 12 @ Aug 1st 2008 12:45PM

Jim Brown is a legend, and one of the best football players of all time, however he does have a tendency to complain a lot.

I don't think it's as much of an ego thing as it is of a generation gap.

Jakka (Not sure why he got banned?) @ Aug 1st 2008 12:59PM

Generation gaps aren't what they used to be.

Jakka (Not sure why he got banned?) @ Aug 1st 2008 12:45PM

If it makes the series die a long painful death then I'm more than eager to support this guy.

Jason @ Aug 1st 2008 12:54PM

Seems interesting, just saw the new trailer for an American Football film based around Jim Brown's time.

Odd promotional tactic though!

juju187 @ Aug 1st 2008 12:55PM

Go Jim Brown

JizzyB @ Aug 1st 2008 1:04PM

And poor MS left out of the loop again, I wonder if they'll be ok? :'(

I doubt that this is all that uncommon, especially for dealing with retired players since I'm not even sure if there was an NFLPA when he played.

Jason @ Aug 1st 2008 1:05PM

Jim Brown is the GOAT. Throw the man some cash!!

tdub301 @ Aug 1st 2008 1:39PM

um, Barry Sanders = G.O.A.T., Jim Brown still HOF though, one of the greatest

The Solid Link @ Aug 1st 2008 4:13PM

There is no doubt about it, true Football fans know Brown was the best HB of all-time. I love Barry, but do not disrespect either man by claiming Sanders is better then Jim Brown. Both have the nickname, and both earned it.

Shagittarius @ Aug 1st 2008 1:08PM

GO FINS!

Duke @ Aug 1st 2008 1:17PM

http://iapps.courts.state.ny.us/iscroll/SQLData.jsp?IndexNo=110412-2008

I was hoping to get to read this one. Yet, nothing has been posted by the Court Clerk yet. Once they scan the complaint it will be at that link.

AwesomeTown @ Aug 1st 2008 1:19PM

I haven't played Madden in a long time. Do they use his name, or still use numbers to get around it?

Boom! @ Aug 1st 2008 2:15PM

I read on another blog site that the character in the game doesn't even look remotely like Jim Brown.

A_B @ Aug 1st 2008 2:23PM

Electronic Arts wants to make money off of Jim Brown's accomplishments without paying him? Let me put it another way, a multi-billion dollar corporation wants to make money off of one of the greatest football players in history who worked many hard years to do what he did, without compensating him at all.

If they don't want to use him or #32 for the All Browns Team, that's their prerogative. But if they want to take advantage of his hard work, they need to pay up. The game certainly makes them enough for them to afford to compensate the players.

Phantom @ Aug 1st 2008 3:28PM

Yea , but what happens when all of the players start wanting compensation , and I have no idea why he sued Sony too , does he know something we don't , did Sony buy EA sports or something . Sue MS instead, they don't mind throwing millions around , he could be "Exclusive" to the 360 .

Leobebes @ Aug 1st 2008 4:11PM

The reason Mr. Brown chose to sue Sony instead of Microsoft, or both shows how out of touch Mr. Brown has become along with his legal team. He probably thinks the PS2 is the only console everyone is still playing with.

Actually to some degree, isn't Madden still mostly played on the PS2? If its true I don't remember a time in video game console history where a platform that is three years behind its successors is still the lead platform for Madden. Either that's an indictment on our economy or EA for not moving on with their technology.

Jeff Brown @ Aug 1st 2008 11:31PM

What? Why sue Sony? Why not Microsoft? and or Nintendo? and Sega? I mean Madden has been around for a LONG TIME. Many consoles have had the games published on them. I can kinda understand possibly going after EA, but I don't know how Sony is connected with this.

Shiaoran @ Aug 2nd 2008 1:31AM

"we'd like to think that some forward-looking '60s lawyer could have foreseen the invention of video games and included them in his contract negotiations."

We all know that Jack Thompson was already planning his malefic schemes even inside his mother uterus*, only to unleash them these past years.

*Her gynecologyst said it's all scratched from the inside with words like 'HATE' and 'SUE', and 'GAMES' 'ROCKSTAR'. The last two scratched almost beyond recognition.

Shiaoran @ Aug 2nd 2008 1:34AM

As I've read some comments, here's the explanation why he's sueing only Sony and not MS or Nintendo:

MS: He likes to be alive(if he thinks Bill Gates is still hunting whoever opposes MS)/He doesn't want to lose all his money.
Nintendo: He likes to play Wii, but
Sony: Their TV screens are too fragile against his Wiimote.

nour @ Aug 2nd 2008 1:50PM

Jim Brown is a legend, and one of the best football players of all time.he never retire,he still working until now.
http://www.halloffamebeverages.com
and he will succeed.

cynthia black @ Aug 2nd 2008 3:57PM

dont care 1 way or other about suit.jb did my aunt years ago and she still talks about what a "big" man he is. she compares all men she does with jb. iit must be huge

joe @ Aug 2nd 2008 6:45PM

Jim Brown is washed up racist piece of shit....just looking for a way to make an extra dollar because his acting career is definately not paying the bills....this has been happening for years with all madden teams...stand up guys like barry sanders, thurman thomas etc never complain fuck jim brown and the browns...i hope they do take his ass out of the game...worthless idiot

theydidntnameme @ Aug 2nd 2008 7:01PM

all pro 2k8 used nfl legends instead of current players. they had to go to each individual player and work out a deal for them to use that player's likeness in the game. there were some notable players omitted (like jim brown or joe namath) because the players didnt want to work out a deal with 2k.

here in madden, with the historic teams featuring the legends, rather then work a deal to use them in the game, they simply add in a player with the same height, weight, jersey number, and playstyle. its as obvious as you can get to the actual player without it technically 'being' that player. how can you guys stand for this? EA is such a pathetic business.

they use players like jim brown to PROMOTE their game!

"buy our game, we have teams featuring the best ever to play!"

someone will read that and buy the game just to use these legends. EA will have made money off of using legends in their game that they did not have the authority to use.

EA did the same exact thing back in the day with michael jordan. he wasnt part of the players association so they were not technically allowed to put him in the game. jordan also does not like to be in video games. but EA put him in anyway as "Roster Player #23". thats just shameful.

businesses like this and people that dont give a damn about things like this happening are why this world is going to shit. its just a major social issue but thats enough from me, 1 guy cant change the readers on a web log.

Mel @ Aug 3rd 2008 2:17PM

There's nothing wrong with this. They did not use his name, nor his likeness in the game. Only the number. How many Madden games have you played in which historic teams have the names of the actual players? None. I love Jim Brown, but he has no case here.