[Solecismic]

Federal Law trumps State Law. Cardtoons won because the courts said the Constitution trumped Oklahoma's Right to Publicity law (using Lanham as how the free speech/right to publicity line is drawn). So if this were a decision appealed to federal court (and one of the major reasons a federal court will hear a case is a question about state law infringing on a national right), that's the line of logic they'd use.

I don't know if EA would win (Cardtoons won because parody - even for commercial gain - was recognized specifically as protected speech in another case), but one of the reasons they might not pursue taking this out of California courts is a worry that the decision could affect their professional sports video game licenses. EA may feel $40 million is worth not asking that question.

Anyway, what I'm saying is that EA chose a particularly weak defense. Most of the "players" used in their game were not even recognizable, and CDC admitted freely that their use of player names and statistics made the players easily recognized. I've had these discussions with publishers, and a court recognition that video games can use player names, no bones about it, would change the product landscape for professional sports games. EA doesn't want that statement.