EA Sports Gets Sacked by Retired NFL Players

[Andy Chalk]

EA Sports Gets Sacked by Retired NFL Players

Madden NFL 09 [http://www.ea.com].

Filed by former NFL running back Tony Davis on behalf of "all other similarly situated retired National Football League football players," the suit contends that EA made unauthorized use of retired NFL players in the form of "historic teams" which featured each player's "position, years in the NFL, approximate height and weight, as well as each player's relative skill level in different aspects of the game."

EA attempted to avoid paying licensing fees to use the likenesses of retired players, the suit contends, by changing their numbers and other "trivial" aspects, but made the players "so close to the living player's characteristics that the consumers of the game could readily discern what player was being represented. Indeed, the value of 'historic teams' to consumers of Madden NFL depended on the composition of the teams being true to actual historical fact."

Furthermore, the suit claims that while the jersey numbers of retired players are "scrambled" and their names aren't used, the game allows players to edit the historic team rosters to add the missing information. "EA further encouraged users of the Madden videogame to use the historic rosters by, among other things, in some games allowing users to achieve certain milestones in the game to unlock and use historic rosters for a reward for excelling at the game," the suit says.

As usual in such cases, the plaintiffs seek "actual damages, statutory damages, punitive damages and other such relief," as well as "disgorgement of profits," legal fees and whatever else a jury decides they're entitled to.

If this sounds vaguely familiar, it's because the 2K Sports [http://www.nfl.com/] out of the NFL business.

In April 2009, EA right here [http://www.joystiq.com/2009/04/25/ea-denies-nfl-lawsuit-rumors/]. (PDF format)





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[ProfessorLayton]

Wow... 6,000 all it the same time? It's almost like they planned this or something...

But what do they need the extra money for? They're retired football players! They made more money in their career to last a family of 6 three lifetimes over.

 

[DeadlyYellow]

Wow... 6,000 all it the same time? It's almost like they planned this or something...

But what do they need the extra money for? They're retired football players! They made more money in their career to last a family of 6 three lifetimes over.

Perhaps now that they're retired they have nothing better to do than ***** about things?

 

[ProfessorLayton]

Perhaps now that they're retired they have nothing better to do than ***** about things?

It's actually really sad. If someone wanted to use my face in a video game, I would take that as a huge compliment, even if I was the bad guy who gets killed. The fact that some characters look kind of like people who used to play football at some point is grounds for a lawsuit... if anything they should be flattered that people would want to play as them.

 

[Danpascooch]

EA attempted to avoid paying licensing fees to use the likenesses of retired players, the suit contends, by changing their numbers and other "trivial" aspects, but made the players "so close to the living player's characteristics that the consumers of the game could readily discern what player was being represented.

I hate the whole EA sports "make the same game every year and sell it for $60 until the next one pushes last year's to $10" model, it seems exploitative and stupid, so I'm all for anything that damages it.

Sounds like they pretty much deserved it too, pay the fees guys, it's the law.

 

[Rakkana]

I almost feel sorry for EA. Almost.

 

[Jared]

...They just want money, as with everything. But, then again I suppose if they were used they are entitled to it

But still...6000? Thats a fair few...

 

[Sephiwind]

I have no sympathy for EA. They are notorious for pulling shady deals, and it's about time they get their as kicked for it. As for the people that say "Well they made all this money as Football players, why do they need it"? I'm sorry EA is trying to make money off of them and the players aren't seeing a dime of it. If I was in their position I would want to see a royalty check as well.

 

[Vladamir69]

600 law suits at once? Thats what i call a blitz! ... wait why isn't anyone laughing?

 

[The Great JT]

Death to EA Sports and their monopolizing!!

 

[Fasckira]

Has-beens clawing for more cash, meh.

If someone wanted to use my face in a video game, I would take that as a huge compliment, even if I was the bad guy who gets killed.

Completely agree. Ultimately EA have put them in as a sort of "these guys rocked, and heres a little nod to them" and as stated in the article you have to really try to unlock them which to me thats a pretty impressive honour! Its not like EA put their faces as tattoos on the asses of donkeys that ran across the pitch or something.

 

[Xanthious]

But what do they need the extra money for? They're retired football players! They made more money in their career to last a family of 6 three lifetimes over.

-FAIL-

That statement might be true if you are talking about the top players that played the game of football in the last 20 or so years. However, most retired NFL players don't have piles of money to fall back on. More than a few retired players can't even afford the medical care they need after years of destroying their bodies playing football. Large salaries for pro athletes is a trend that only really took off in the past two decades or so.

In 1970 the average salary in the NFL was 23,000 dollars. That's right, the average NFL player in 1970 made the same amount as your typical factory worker does now. Even the highest paid athletes during those times made a fraction of a fraction of what your lower tier players get paid today. I have to assume that the majority of those people suing are the guys that didn't get the massive payday that the players of today enjoy.

 

[Blue_vision]

Wow tough choice. Side with money-squeezing EA who avoided licensing fees even though their game's probably made millions, or side with rich old NFL stars who want to squeeze as much money out of their old fame as possible.

 

[Pipotchi]

But what do they need the extra money for? They're retired football players! They made more money in their career to last a family of 6 three lifetimes over.

-FAIL-

That statement might be true if you are talking about the top players that played the game of football in the last 20 or so years. However, most retired NFL players don't have piles of money to fall back on. More than a few retired players can't even afford the medical care they need after years of destroying their bodies playing football. Large salaries for pro athletes is a trend that only really took off in the past two decades or so.

In 1970 the average salary in the NFL was 23,000 dollars. That's right, the average NFL player in 1970 made the same amount as your typical factory worker does now. Even the highest paid athletes during those times made a fraction of a fraction of what your lower tier players get paid today. I have to assume that the majority of those people suing are the guys that didn't get the massive payday that the players of today enjoy.

I'll quote you here, FAIL.

Saying that 23,000 in 1970 equals 23,000 in 2010, is about the most idiotic and stupid thing, I've ever heard anyone say. Ever. Anywhere. Wtg.

Even accounting for inflation £23,000 still wasnt the megabucks we associate with professional sports today, certainly not enough to feed three families of six forever.

Besides its their faces, they get to decide what they go on, its as simple as that. They might be greedy, they might geuinely need the cash, with the majority of retired NFL players falling somewhere in between I'd imagine

 

[Xanthious]

But what do they need the extra money for? They're retired football players! They made more money in their career to last a family of 6 three lifetimes over.

-FAIL-

That statement might be true if you are talking about the top players that played the game of football in the last 20 or so years. However, most retired NFL players don't have piles of money to fall back on. More than a few retired players can't even afford the medical care they need after years of destroying their bodies playing football. Large salaries for pro athletes is a trend that only really took off in the past two decades or so.

In 1970 the average salary in the NFL was 23,000 dollars. That's right, the average NFL player in 1970 made the same amount as your typical factory worker does now. Even the highest paid athletes during those times made a fraction of a fraction of what your lower tier players get paid today. I have to assume that the majority of those people suing are the guys that didn't get the massive payday that the players of today enjoy.

I'll quote you here, FAIL.

Saying that 23,000 in 1970 equals 23,000 in 2010, is about the most idiotic and stupid thing, I've ever heard anyone say. Ever. Anywhere. Wtg.

First off you mouth breathing idiot I wasn't implying it was. I was comparing the actual amount, not adjusting for inflation. However if we adjust for inflation it was worth about 115k. 115k today is roughly one third of the league MINIMUM. Meaning that even the lowest paid players of today still would make 3 times as much as your average player did in 1970 if you adjusted their salary for inflation.