Wednesday, August 4, 2010
by Ben Silverman
August 3 3:26 P.M.
If it's in the game, it's in the lawsuit.
Former Bengals running back Tony Davis has filed a class-action suit against EA on behalf of some 6,000 retired NFL pros over the use of player likenesses in Madden NFL 09, reports IGN.
The plaintiffs argue that EA never compensated thousands of retired players whose likenesses were used to fill the rosters for the game's historic teams. The suit alleges that EA "knowingly and intentionally" included the stats, positions, height and weights of retired players, but removed player names and uniform numbers to avoid paying anyone.
"The only significant detail that EA changes from the real-life retired NFL players is their jersey number," the suit reads. "Despite EA's 'scrambling' of the retired NFL players' numbers, the games are designed so that consumers of the Madden NFL video game franchise will have no difficulty identifying who the 'historic' players are."
It further insists that “EA was fully aware that its use of the retired players’ likenesses was without authorisation and that a license fee was needed." The claim seeks actual, punitive, and statutory damages.
History is not on the side of the plaintiffs. A similar suit brought against EA in 2008 by Hall of Fame running back Jim Brown was recently dismissed, although Brown is currently appealing the ruling.
The latest game in the franchise, Madden NFL 11, hits shelves next week.
Related: See our 'Madden Through the Years' pictorial >>
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