Score one for the old guys! A U.S. District Court jury in San Francisco has ruled in favor of a group of retired NFL players who filed a
class-action lawsuit against the National Football League Players Association for the underhanded use of their likenesses in various
Madden games. Basically, the guys were owed some dues, and the jury set the outstanding tab at $28 million ... or, split 2,062 ways, $13,000 per former player. Not surprisingly, the defense called the ruling "unjust as a matter of law" and will no doubt appeal the decision, despite some pretty scummy emails penned by NFLPA execs out on the evidence table; look no further than: "their identity must be altered so that it cannot be recognized" [NFLPA exec LaShun Lawson to
Madden producer Jeremy Strauser].
A joyful and teary-eyed Herb Adderley told the
L.A. Times, "If you look at the 1967 Green Bay Packers in [
Madden], you'll know that the only left cornerback that year had to be Herb Adderley, but they scrambled my face and took the number off of my jersey. Yet, they had my correct height, weight and years of experience."
{ Nov 11th 2008 at 1:54PM } 
Reader Comments (Page 1 of 1)
Vol @ Nov 11th 2008 2:02PM
My heart isn't sympathetic to either party.
copa @ Nov 11th 2008 2:17PM
Well, since EA has to pay the money either way, I hope this means they'll negotiate a straight license next time to use the actual player's names and numbers.
Sparerib @ Nov 11th 2008 4:16PM
That's idiotic. Players from the early days of pro football made NO money. Most of them didn't even sustain themselves on the game. They had real jobs. And quite a few have sustained terrible health problems related to football only to have the NFL throw them to the curb when they ask for part of the $7 billion industry that was built on their shoulders. And the insult to injury is that NFL and EA are still trying to make money off of these guys while they refuse to acknowledge the problems these old guys have.
D_Average @ Nov 11th 2008 2:02PM
And that is exactly why I bought the game, to play as Herb Adderley from 1976.
ill trooper @ Nov 11th 2008 4:39PM
D_yslexic enough?
juju187 @ Nov 11th 2008 6:44PM
and thats why as a young chicago bulls fans i always had to play as PG #99 with the same stats and looks as jordan
Markez @ Nov 11th 2008 8:58PM
Sounds like a whiner who never grew up into a real adult after his athletic career was over.
Still think they have a point, but just sayin'
D_Average @ Nov 11th 2008 11:39PM
@ill trooper
Sad to see you're still a fat little troll checking ever crevasse for the smallest of crumbs.
raquor @ Nov 11th 2008 2:08PM
That is quite possibly the dumbest logic I've ever heard. You could replace him with a monkey in the game and everyone that cared would still know it was supposed to be Herb Adderley.
Courtney @ Nov 11th 2008 2:17PM
Good for the old guys, I hope this survives appeal.
Sam @ Nov 11th 2008 2:17PM
I hope madden goes to court some more, and then ea is forced to drop the NFL license, and then, maybe, we can see the glory days of football games once again!
jayeffaar @ Nov 11th 2008 3:49PM
I don't see how the players have a case here. If EA was careful not to use their names or their faces, how exactly were their "likenesses" used? By using their heights and weights? Seriously?
ill trooper @ Nov 11th 2008 4:37PM
Yes, basically. Height, weight, skills/experience. Position on field. Everything except face and number, and of course, as the ruling shows, 'permission.'
Terry @ Nov 11th 2008 5:06PM
Yup, that would be it. As long as it was enough information to tell who it was supposed to be...
UNC_Samurai @ Nov 11th 2008 3:50PM
Am I the only one who enjoyed the classic teams of the previous-gen Madden? I would have preferred a complete deal with the NFL Alumni so I didn't have to spend time putting the right players into the roster.
Their absence is one of the big reasons why I haven't purchased a Madden on 360 yet.
j.howlett @ Nov 11th 2008 4:05PM
the NFL should take better care of older players and alot of current players
JRM @ Nov 11th 2008 4:18PM
totally irresponsible of the players association. Aside from themselves, who are they really protecting if not the alumni? Surely the new generation of superstars don't need a PA. They need accountants to count all their money.
ill trooper @ Nov 11th 2008 4:32PM
Nice. The NFL and NFLPA generate a lot of money from the players and veterans, I think it's fair.
Thomas Alan @ Nov 11th 2008 8:34PM
I don't understand what the old players' case is. EA isn't required to put these people in the game and they were careful not to use their images. The players have no right of ownership to their height, weight, or years of experience.
What's scummy about the e-mail? Seems like an above-board attempt to avoid getting sued.
theydidntnameme @ Nov 12th 2008 6:37PM
so players have no ownership of their identity?
yes EA isnt required to put these people in the game. the reason EA put them in is because the gamers want to play as these old players. so EA gives the gamers what they want. but if they want to use someone, they need to ask permission and work a deal out. instead of doing that, they put them in the game anyway and changed their name and face so that it is 'technically' not them...
its totally obvious who the players are. if you play a basketball game with a dark 6'6 220 pound SG on the chicago bulls named "Roster Player" with jersey number 23, even ray charles could see that its michael jordan.
imagine you created an awesome level for littlebigplanet. then what media molecule did was take your level, change the name slightly, alter a few cosmetic things in the level (like taking your name out) and release it as DLC (their own DLC) over the PSN with no credit or compensation to you, that wouldnt be right would it? its the same thing here