Retired NFL players sue EA over likenesses in Madden 09

so 6,000 retired nfl players ran out of money, huh?

The Green and Gold is the only way to remember #4....

Stick it to the man

Sounds just to me. You don't hold the right to use someone's everything just because you wanna. You should have to pay them, or at least secure their permission.

gees, just be happy you were big enough to be included in the game in the first place and get over it cry babies

This is actually an interesting case. It was filed in California, where the 9th Circuit Court of Appeals provides some strong precedent for recognizing publicity rights in odd characteristics.

In 1988, the 9th Circuit recognized a right to prevent an imitation of Bette Midler's voice in a Ford commercial, saying that the imitation for a commercial purpose was depriving her of commercial value. In 1992, the court allowed Vanna White a right of publicity against a robot wearing a blond wig and standing next to a Wheel-of-Fortune-esque board, saying it caused confusion as to product endorsement.

I don't think it's much of a stretch to say that EA was intending to give its customers the benefit of playing as retired players without paying those players for their virtual appearances. As bad as it sounds, the players are likely to win this one.

Didn't this already happen?

The sooner EA's exclusivity period is over the better....seems like its been more trouble than its worth.....when does it expire? 2015 or 2013? one is the NFL contract the other is for ESPN but I forget which is which

sue the helll out of them.

any day EA gets sued, is a good day. I expect the mods and other users will attack me, for me taking a shot at the 'sacred cow'. Good. Who cares.

in a perfect world, Visual Concepts would go back to making football games. And EA would be without an NFL football game.

LACES OUT FRINKLE!!

Aren't retired players covered by the NFL Players Union, who has a contract with EA?

@prodigy69
Finkle is Einhorne. Einhorne is Finkle. Einhorne... IS A MAN! < :-O

Can't see it happening, scrambling of names has happened for years in the ISS/Pro Evo world and no lawsuit has ever been successful.

Plus, I'm sure EA own the rights, the retired players probably don't know what rights EA own as alot of right for players are blanketed but various licenses.

The EA thing trying to hoodwink players isn't the surprise.

But 6000? WOW! That many people played in the NFL? Now that's a surprise.

Nuts to EA for having the only NFL video game license. Nuts to the retired football players who just want more money. They should both sue the hell outta each other, I'm going to apply to law school to get some of that money.

Didn't a similar suit by ex-players already fail in court where the ruling went in favor of EA?

Sucks that you can't do this anymore. Historic teams and player likenesses were always a nice touch in the Madden's of old... and they've pretty much all been removed because of litigation.

I wish that EA could work out an agreement with the NFL Legends or Hall of Fame or something to use their likenesses and team likenesses from the past, because it would really be a great addition in a game to have that ... but I don't think it'll ever happen.

The only reason they're getting sued is because Madden has a namesake and EA has deep pockets in the industry. This has been the norm for every sports videogame ever to have fantasy players with scrambled names who's abilities resemble those of real life counterparts. But, no other sports games have had the recognition of Madden, which is why the suit comes up. Casual sports gamers or non-sports gamers will wish against EA because they're the big conglomerate, but if they do lose this and it sets a precedent in sports games, it will kill every small sports game franchise... and products by other companies that do anything similar. MLB 2K and The Show both use likenesses for minor leaguers who aren't in the MLB-PA, they will have to stop doing that; the NHL games use likenesses for non-NHL players around the world and in the US minor leagues, they'll have to stop doing that; Pro-Evo Soccer would effectively be shut down and banned; all of the sim baseball, football, basketball games would be shut down, and of course, College sports videogames would be crushed.

So if I make a custom player and name him a retired player, give him the number of the said retired player, would they sue me? These guys have so much money they need to just shut up to be honest.

Are retired players gonna sue EA every year from now on? I swear this case already happened.

One thing is for sure, the entertainment industry never fails to entertain me...

No one buys madden to play real football

"According to IGN, the lawsuit claims that EA used the stats and positions of past players, but changed their uniform numbers and removed their names in order to get around having to pay licensing fees."

...which is perfectly within the law. Nothing but conjecture will be brought to the courtroom and perhaps EA will sue them for trying to muddy their image. They can stick that up their backsides.