NFL Retirees v EA: Lawsuit Against Madden Publisher to Go Ahead

[News Portal]

For those late to the party, a group of retired NFL players numbering at or around 6000 members filed a lawsuit against EA back in 2010 for using their likenesses in the popular Madden NFL franchise without permission. While the names and numbers of the players were changed, the vital stats for each player remained and players could be edited to look like their original likenesses. EA moved to dismiss the charges by arguing that video games, like other media, are covered under the First Amendment, but a Californian court has dismissed the dismissal, and so the case will go forward.

Source: Gamasutra

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[3Lollipopz!]

And here I have been claiming the 1st for every game I download, every song I rip, and every blue movie I have taped from SBS (now on PS3). I have to watch out...

I guess I can now copy BF3 and claim the 1st when EA come a knocking...

[Lurk]

Interesting.

Love Madden, but f da EA.

[Sponge]

Wait, so EA removed players names AND their likenesses, and they are being sued. What are they supposed to do? put cats and dogs as players and use alien characters to name them? What a crock of ****.

[Jez]

Wait, so EA removed players names AND their likenesses, and they are being sued. What are they supposed to do? put cats and dogs as players and use alien characters to name them? What a crock of ****.

They used the same stats though, not to mention the fact they only changed them to try and divert legal trouble. It seems perfectly fair to me that these players should get a cut when they're being used to woo football fans into buying yet more madden.

And here I have been claiming the 1st for every game I download, every song I rip, and every blue movie I have taped from SBS (now on PS3). I have to watch out...

I guess I can now copy BF3 and claim the 1st when EA come a knocking...

You've been claiming a US constitutional amendment? Not to mention the first amendment applies to 'speech' via some form of creative or political output, which downloading content is most assuredly not.

[sifter132]

Wait, so EA removed players names AND their likenesses, and they are being sued. What are they supposed to do? put cats and dogs as players and use alien characters to name them? What a crock of ****.

Yeah it's some grumpy old men with head injuries who've spent all their cash looking for a handout. I love NFL, my 2nd favourite sport/league, but yeah, what was EA supposed to do exactly?? Hope they get hammered in court, and it's not often I'm cheering for EA...

As for their right to compensation Jez. Should they get a cut everytime they are mentioned on NFL Network? Or during game broadcasts? What about footage used in NFL Films documentaries? Shouldn't they be compensated for that - they are part of the selling of NFL there too. I just think if money wasn't an issue ie. Madden was a free game, then these 6000 players would be HONOURED to be recognised as being greats of the game. But they see $$$ signs...

[Jez]

Wait, so EA removed players names AND their likenesses, and they are being sued. What are they supposed to do? put cats and dogs as players and use alien characters to name them? What a crock of ****.

Yeah it's some grumpy old men with head injuries who've spent all their cash looking for a handout. I love NFL, my 2nd favourite sport/league, but yeah, what was EA supposed to do exactly?? Hope they get hammered in court, and it's not often I'm cheering for EA...

As for their right to compensation Jez. Should they get a cut everytime they are mentioned on NFL Network? Or during game broadcasts? What about footage used in NFL Films documentaries? Shouldn't they be compensated for that - they are part of the selling of NFL there too. I just think if money wasn't an issue ie. Madden was a free game, then these 6000 players would be HONOURED to be recognised as being greats of the game. But they see $$$ signs...

My thinking is that any other company selling cereal or trading cards or whatever wouldn't be able to use their likenesses or stats without paying them some form of royalty, so EA shouldn't be able to avoid doing it either.