Madden NFL 15 News Post

Lawsuit by Former NFL Players Against EA Allowed to Advance

04:21 PM - January 7, 2015 by RaychelSnr

It appears EA's other football game will find itself in hot water soon over the exact same issues that NCAA Football was plagued by: the use of likenesses of former players which are a little to close to reality.

In the lawsuit, former NFL players said the Madden NFL game had players with their exact characteristics, but EA had not obtained their permission to use the figures.

"We hold EA's use of the former players' likenesses is not incidental because it is central to EA's main commercial purpose - to create a realistic virtual simulation of football games involving current and former NFL teams," Circuit Judge Raymond Fisher wrote in the opinion.

"Like NCAA Football, Madden NFL replicates players' physical characteristics and allows users to manipulate them in the performance of the same activity for which they are known in real life - playing football for an NFL team," Fisher wrote in his commentary.

On a tangible level, this suit doesn't pose much of a risk to the Madden brand as a whole, as unlike NCAA Football, the Madden brand is both bigger and not tied to the use of likenesses in this manner to succeed. So whatever comes out of this will be a payday for players used in the game, but will not affect business as usual from going on.

We'll be following the case though, as it could reaffirm the time-old tradition of using likenesses without the names as something which is no longer a viable option. This would all but eliminate the use of non-licensed historical teams in sports games.

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Member Comments

# 1 ODogg @ 01/07/15 05:20 PM

Lawyers will be the end of civilization

# 2 rudeworld @ 01/07/15 06:06 PM

Quote:

Originally Posted by ODogg


	Lawyers will be the end of civilization

They keep the crooks and thieves in line. EA knowingly put these players likeliness into the game and they knew they should pay them.... But didn't. PAY THEM then see if you can recover from the hit.

# 3 Rewmac @ 01/07/15 07:21 PM

Quote:

Originally Posted by capa


	Classic roster makers will fill the gaps...unless they start coming after us!! C

Everything can be elevated to a new level. They can just remove roster sharing as step. I hope nothing like this will come to reality.

# 4 mestevo @ 01/07/15 07:22 PM

I was surprised to hear the class in this lawsuit is approximately 6000 players. Which Maddens combined had 6000 unique unlicensed players?

# 5 kehlis @ 01/07/15 07:56 PM

Quote:

Originally Posted by mestevo


	I was surprised to hear the class in this lawsuit is approximately 6000 players. Which Maddens combined had 6000 unique unlicensed players?

Yea I have no clue unless their using a total throughout the start of Madden games but it still seems high to me unless I missed a mode somewhere over the years.

Quote:

Originally Posted by NimitsTexan


	I was under the impression that EA had an agreement with the NFLPA that allows it to use player's likenesses? Is this just the handful of union hold-outs suing?

They do, the suit is about former players:

Quote:


	The players, including former Los Angeles Rams quarterback Vince Ferragamo, said the Madden NFL game had players with their exact characteristics, but EA had not obtained their permission to use the figures.

Ferragamo last played in the NFL in 1980.

# 6 roadman @ 01/07/15 08:07 PM

Maybe Ferragamo is upset because his player in Madden played much better than the real life Ferragamo.

# 7 jvalverde88 @ 01/07/15 08:24 PM

Quote:

Originally Posted by mestevo


	I was surprised to hear the class in this lawsuit is approximately 6000 players. Which Maddens combined had 6000 unique unlicensed players?

All I can think of is the classic teams from the previous Madden games but all those were all generic.

# 8 tbook24 @ 01/07/15 09:02 PM

only the madden games prior to Madden NFL 95 did not have a license. of those only madden 93 & 94 had classic teams and players. so it would have to be those 2 games

# 9 Gman 18 @ 01/07/15 09:19 PM

Quote:

Originally Posted by tbook24


	only the madden games prior to Madden NFL 95 did not have a license. of those only madden 93 & 94 had classic teams and players. so it would have to be those 2 games

If it really is just those 2 games, then this case is complete BS

Sent from my KFTHWI using Tapatalk

# 10 kehlis @ 01/07/15 09:34 PM

Quote:

Originally Posted by tbook24


	only the madden games prior to Madden NFL 95 did not have a license. of those only madden 93 & 94 had classic teams and players. so it would have to be those 2 games

Not sure exactly what you mean by license but if you mean an agreement with the NFLPA then that would mean that every player who appeared in any game before 95 could be involved. Not just those on classic teams.

# 11 jvalverde88 @ 01/07/15 09:44 PM

"Your honor exhibit A *shows Madden for SNES* as you can clearly see this player looks exactly like one of my clients."

# 12 HealyMonster @ 01/07/15 09:49 PM

I think k they lost this lawsuit when they described madden as a "realistic virtual simulation" of the NFL. They are going to play a game in court judge will be like I've seen enough of this nonsense. Dismissed.

# 13 maltliquor23 @ 01/07/15 09:50 PM

Quote:

Originally Posted by Gman 18


	If it really is just those 2 games, then this case is complete BS Sent from my KFTHWI using Tapatalk

This involves the "classic" teams IE teams such as the 80 Rams 66 Browns 91 Bills or All time teams IE All Raiders. These teams were included and had associated numbers but not player names. This is the same complaint that the NCAA lawsuit took. The retired players are not covered by the union contract and at the time there was no retired players contracts as there are now for MUT or similar to All Pro 2k8. MEA is claiming that the relation is incidental, however if the roster included the player number and matching height weight skin tone or other recognizable data then you have the same elements of the NCAA suit. We all know what EA did in those circumstances.

# 14 kehlis @ 01/07/15 09:59 PM

Quote:

Originally Posted by HealyMonster


	I think k they lost this lawsuit when they described madden as a "realistic virtual simulation" of the NFL. They are going to play a game in court judge will be like I've seen enough of this nonsense. Dismissed.

A judge is the one who okayed this lawsuit to proceed though?

# 15 braves_94 @ 01/07/15 10:18 PM

Quote:

Originally Posted by tbook24


	only the madden games prior to Madden NFL 95 did not have a license. of those only madden 93 & 94 had classic teams and players. so it would have to be those 2 games

Madden 96 had historic teams with fairly accurate numbers. A, B, C, C, A, B, B was my Konami Code.

# 16 Gman 18 @ 01/07/15 10:20 PM

Quote:

Originally Posted by jvalverde88


	"Your honor exhibit A shows Madden for SNES* as you can clearly see this player looks exactly like one of my clients."*

I honestly wouldn't be surprised it that was said to the judge lol. This case seems to be more of a cash grab than being an actual legitimate case

Sent from my KFTHWI using Tapatalk

# 17 kehlis @ 01/07/15 10:25 PM

Quote:

Originally Posted by Gman 18


	I honestly wouldn't be surprised it that was said to the judge lol. This case seems to be more of a cash grab than being an actual legitimate case Sent from my KFTHWI using Tapatalk

It wasn't.

If you want to see the summary of what was presented to the judge and the conclusion it's linked in the first post.

# 18 maltliquor23 @ 01/07/15 10:41 PM

By the way, all the members making jokes about this may want to take heed. I am fairly sure if you go back to the first time the NCAA lawsuit was mentioned on OS or anywhere else. Alot of people probably made the same jokes and brushing it off as a cash grab. Did all of you see how well NCAA Football 15 sold this year.

Oh wait.

EA is spewing the same line they made in the NCAA case well "its free speech because its art." Well "pride goeth before destruction, a haughty spirit before a fall"

# 19 mestevo @ 01/07/15 10:47 PM

Quote:

Originally Posted by maltliquor23


	By the way, all the members making jokes about this may want to take heed. I am fairly sure if you go back to the first time the NCAA lawsuit was mentioned on OS or anywhere else. Alot of people probably made the same jokes and brushing it off as a cash grab. Did all of you see how well NCAA Football 15 sold this year. Oh wait. EA is spewing the same line they made in the NCAA case well "its free speech because its art." Well "pride goeth before destruction, a haughty spirit before a fall"

And which madden titles were and continue to be made exclusively with player likenesses being disputed? NCAA had other large licensing hurdles as the teams started opting out what little could he licensed also.

Apples and oranges.

# 20 kehlis @ 01/07/15 10:48 PM

Quote:

Originally Posted by maltliquor23


	By the way, all the members making jokes about this may want to take heed. I am fairly sure if you go back to the first time the NCAA lawsuit was mentioned on OS or anywhere else. Alot of people probably made the same jokes and brushing it off as a cash grab. Did all of you see how well NCAA Football 15 sold this year. Oh wait. EA is spewing the same line they made in the NCAA case well "its free speech because its art." Well "pride goeth before destruction, a haughty spirit before a fall"

Except they are two completely different scenario's.

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