EA/Madden Likeness Lawsuit Moving Forward...

[RaychelSnr]

The US Supreme Court denied an attempt by EA to dismiss a suit centered around the game publisher's use of retired players likenesses in Madden NFL Football.

Quote:

"Thousands of retired NFL athletes originally filed suit against EA in 2010, alleging that the publisher violated their state-law right to publicity by using their likenesses on historic teams in Madden titles from 2001-2009. Like the collegiate athletes who received $60 million in the settlement of a similar case, the NFL players in question did not appear in the Madden games under their real names. However, all other identifying traits — height, weight, ethnicity and the like — were true to life, and the virtual athletes were rated to perform like their real-world counterparts. Retired NFL players' lawsuit against EA's Madden series can go forward, court says (update) EA did not compensate these players for the use of their likenesses. Since 1994, the publisher has paid licensing fees to the NFL Players Association for the rights to use active NFL athletes' names and likenesses. Retired players currently appear in Madden's Ultimate Team mode, and are paid for it.

In case this rings a bell, EA also just recently settled a case involving NCAA Football which did the same thing but for college athletes. That settlement cost EA $60 million.

In the big picture, its just incredibly unlikely any attempts at historical teams and/or any 'generic rosters' with realistic-ish players will ever be attempted again in any sports game. It would certainly seem EA will attempt to settle the case with the former NFL players as they did with the college athletes. We'll be following the case step by step!

[JKSportsGamer1984]

I'm getting so tired of this crap smh.

[Junior Moe]

Thank you! Now lets get some parameters worked out so that we can see a return of college football and basketball video games.

-Never mind. Jumped the gun thinking this was related to Obannon.

[Toupal]

As disappointing as this is, I hope madden/ EA start putting more efforts into creating a team/ creating a player so that way the community can build historical teams similar to NCAA's team builder website.

Also this doesn't rule out retired players consenting to EA to use their likeness for things like Ultimate Team or just historical players.

[tril]

the beginning of the end for sports titles with real rosters.
Im sure the future contracts for player likeliness in video games will be much higher.
Everything with professional sports and athletes is trending higher when it comes to cost. So the gaming industry will be no different.

With that in mind its time for companies like 2k to get back into making sports titles with generic customizable rosters. generic sports titles that creates their own league history as you play might be a huge draw.

[gr18]

Quote: Originally Posted by Toupal

As disappointing as this is, I hope madden/ EA start putting more efforts into creating a team/ creating a player so that way the community can build historical teams similar to NCAA's team builder website. Also this doesn't rule out retired players consenting to EA to use their likeness for things like Ultimate Team or just historical players.

Just take APF2k8 as an example of how much money they put out for the retired players and how hard it is to justify paying it.

[Toupal]

Quote: Originally Posted by gr18

Just take APF2k8 as an example of how much money they put out for the retired players and how hard it is to justify paying it.

As stated above in the other post, player likeness will only go up in cost. And as long as there are people like Vince Ferragamo, Ed O'Bannon, and Sam Keller ruining the fun for the other 99.8% of the gamers, we will be battling stuff like this for awhile.

However, I believe something like NCAA's online teambuilder and roster editor will allow for the users to keep finding ways around these law suits. Go to NCAA 14, and look at all the successful historical teams, fictional teams, and FCS schools.

Additonally for the sake of the NFL, NFLPA, and EA to forgo real rosters for generic rosters.

[fredropro]

Quote: Originally Posted by tril

the beginning of the end for sports titles with real rosters. Im sure the future contracts for player likeliness in video games will be much higher. Everything with professional sports and athletes is trending higher when it comes to cost. So the gaming industry will be no different. With that in mind its time for companies like 2k to get back into making sports titles with generic customizable rosters. generic sports titles that creates their own league history as you play might be a huge draw.

I have a feeling you're right man it would really be a shame after all these years we lose detailed rosters.... Just when we finally received weekly updates.