Retired NFL Players Win Madden Lawsuit

[DoctorFinger]

Earlier this year a group representing several thousand retired NFL players sued the NFL Players Association (NFLPA), claiming the union has cheated them out of profits derived from products which used their likenesses. Chief among these products is EA's juggernaut Madden franchise of games. Now the verdict has come down in the case: the NFLPA must pay $28 million - $7M verdict and $21M in punitive damages - to the retired players.

At the core of this case is a contention that the NFLPA deliberately sold the rights to those players' likenesses below market value in an attempt to cozy up to Electronic Arts. Leaked emails (http://www.gamepolitics.com/2008/10/01/nflpa-madden-lawsuit-we-have-smoking-gun-document) purportedly show how union officials instructed EA to 'scramble' the likeness of the retired players after Madden 2002 in an effort to skirt licensing issues. The union also sold the exclusive rights to the Hall of Fame roster to EA for significantly below market value, apparently to kneecap Take-Two's fledgling All-Pro Football property, which actually did pay players a more equitable rate for their likenesses.

Source - GamePolitics (http://www.gamepolitics.com/2008/11/11/old-school-nfl-players-score-28-million-win-court-madden-document-played-critical-role).

[Jeffool]

I really don't get it. I mean, I really don't get it. How in the hell does the NFL think selling the license twice (once to each company,) is less enticing than selling it to one company, well below market value? What the flying fuck?

I mean, even long-term, when EA is the only game in town, then EA would still dictate the price to the NFL, as the NFL wouldn't have anyone else to sell to.

What am I not understanding about the NFL's take on this?

[Iron Past]

$28 million? So, like, one day's worth of sales? ;)

Good, I'm glad they got thier money. Not that any of them are probably hurting for it, but I like to see that win out over shady business deals.

[DoctorFinger]

$28 million? So, like, one day's worth of sales? ;)

Good, I'm glad they got thier money. Not that any of them are probably hurting for it, but I like to see that win out over shady business deals.
The players? They're absolutely hurting. The players suing are the old school ones, the guys who worked a full time job while playing football. That's why this is so despicable. If it was the current players getting a little less, well they wouldn't even realize it. Some of these old players are homeless, or living in terrible nursing homes, so a few grand a year in royalties would make a huge difference in their lives.

[Ranger43]

I am glad that the players got their money. But, I still hope that the NFL has to pay up for some of the older players health insurance and retirement packages that Ditka and several old schoolers have been fighting the NFL for.

[Iron Past]

Ah, that make sme feel better then. Good for them.

[Telefrog]

Busted!

Good on the players. Some of those old-timers really got screwed by the system like the original Motown singers.

[tacitus]

Remember its not the NFL, but the NFL players association; which seems have a number of issues with ignoring the old timers.

[biosc1]

$28 million? So, like, one day's worth of sales? ;)

Ah, but this doesn't affect EA's sales income. What would be interesting is what percentage this $28,000,000 (I like all those zeroes) is out of what the NFLPA has been paid for the rights.

[joelpietersen]

Yeah, I agree, in the end, maybe it's really not much for them.

[Purple Santa]

Great victory and all for the players but this from the end of the article...

The San Francisco Chronicle reports that defense lawyer Jeffrey Kessler expects the jury's verdict to be overturned, calling it "unjust as a matter of law." An appeal to the 9th Circuit Court by the NFLPA seems virtually assured.

[Johan]

An appeal to the 9th Circuit Court by the NFLPA seems virtually assured.

The 9th CC is whacked out of its mind. They'll probably overturn the decision based upon a rolling of bones and a ouija board, followed by an anagram-tastic reading of the apocrypha...with a liberal dose of international law/precedence to boot. :D