A suit brought by retired NFL players not only alleges they're due money for Electronic Arts' use of their likenesses and career stats, but also that their own union brokered a below-market deal as a favour to EA, helping it secure exclusive NFL rights for its Madden franchise.
Via Ars Technica and GamePolitics, former Buffalo Bills defensive back Jeff Nixon has written an open letter to John Madden (also a Hall of Famer and former Oakland Raiders coach) which details some documents discovered in this suit. Nixon alleges the plaintiffs have communication between the a union official and an EA developer cc'd to another union official, in which everyone agreed to scramble retired players' likenesses to keep from paying them, beginning with Madden NFL 2002. The players may not be identifiable visually, or by number, but they still have the same height, weight, years of service and performance characteristics, making them wink-and-nod identifiable.
The reason for the scrambling? Take-Two apparently was going after retired players' image permissions for a game that never got off the ground. Nixon alleges EA and the NFLPA's marketing unit, NFL Players Inc., rushed to lock down a contract that secured the most valuable retired players' rights for below-market payments, and says he has an email (jump) admitting this.
Read More »