Skip to main content

Madden NFL vs. Retired Players: Class action lawsuit may change EA’s famous football franchise

Image used with permission by copyright holder

Dallas tight end Billy Joe DuPree, Tampa Bay Buccarneers tackle Anthony Davis, and Green Bay quarterback Vince Ferragamo haven’t played NFL football in many years, at least in the real world. All three of these men have played most recently in Madden NFL games as parts of classic team rosters in EA’s ubiquitous football franchise. These players however never agreed to let EA use their respective likenesses in the game and in 2010 they filed a class action lawsuit against the publisher seeking compensation in the form of damages, profits made from the use of their likenesses, and attorney’s fees for 6,000 retired NFL players.

This is neither the first nor the last time that EA will be sued by athletes over likeness rights. What’s unique about this case according to a Gamasutra report is that it will actually go to court.

Since the U.S. Supreme Court ruled that video games are speech protected by the First Amendment in June 2011, EA has been able to deflect similar lawsuits. EA had lawsuits filed by former Rutgers quarterback Ryan Hart, as well as another  by Arizona State QB Sam Keller and other college players, over likenesses used in the NCAA Football series thrown out claiming that its First Amendment rights to free expression overruled player publicity rights. Former NFL player Jim Brown of the Cleveland Browns and NCAA basketball coach Bill Russell filed similar lawsuits as well. U.S. District Judge Freda L. Wolfson of New Jersey and others all sided with EA and threw out the lawsuits.

A California court however has dismissed EA’s motion to dismiss and will allow DuPree, Ferragamo, and Davis’ class action case to go to court. Depending on the outcome, EA may need to start paying out massive royalty fees to players in both college and professional sports.

This is a sticky issue. Historic teams in Madden NFL, while statistically accurate to the accusing players, don’t replicate those players’ likenesses or team numbers. The game’s character editor meanwhile fixes that in a jiffy; if Barry Sanders isn’t in the game, just go ahead and make a character on the Lions squad with the number 20 that happens to just look exactly like him and has high running stats. Just because EA provides the tools to recreate a player’s exact appearance doesn’t necessarily mean that it’s making a “calculated and underhanded attempt” to feature those players in its games, as this lawsuit puts it. A California court may disagree however.

Editors' Recommendations

Anthony John Agnello
Former Digital Trends Contributor
Anthony John Agnello is a writer living in New York. He works as the Community Manager of Joystiq.com and his writing has…
Madden 22: Tips and tricks to up your game
A wide receiver and defensive back are tangled up in Madden 22.

A new year means a new Madden. With Tom Brady and Patrick Mahomes on the front cover, pocket passers and on-the-run QBs will finally settle the dispute of who's the best in the NFL. Each new Madden tightens a few bolts, changes the UI, and adds new elements to the game that returning players may not be familiar with.

Here are some tips and tricks for Madden 22 that'll take your game to the next level.

Read more
Is Madden 22 coming to mobile? Everything we know so far
A wide receiver and defensive back are tangled up in Madden 22.

The Madden franchise is so infectious that new and returning fans are looking to play whenever they want and wherever they are. You can't bring your PlayStation 5 or Xbox Series X with you everywhere you go. So, can you play Madden 22 on your mobile device? Yes! Madden 22 was released for free on the Apple Store and Google Play on August 20, 2021, right alongside the game's console release.

Baltimore Ravens' new esports initiative includes a Fortnite tournament
How to upgrade your PS4 games to PS5
EA opens all of its accessibility patents, including Apex Legends' ping system

Read more
EA opens all of its accessibility patents, including Apex Legends’ ping system
ea accesibility patents apex ping system

EA announced a new Patents Pledge program, which will give competitors and developers free access to its accessibility-related patents and technology. The company is hoping to push other studios to incorporate accessibility features into their games and make them more inclusive for players everywhere.

This is a huge industry-first and a milestone for the video game industry at large. The technology being shared spans aa multitude of games and disabilities.

Read more