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darkshadow23 said:

My point is this: Look at how difficult it was for them to get this done. They were obviously using the players likeness but it has taken years for them to get this far and we are still not sure if they are going to win.

Lawsuits proceed glacially, and doubly so when one side is interested in dragging out the proceedings; class actions go on even longer. My cases are largely simple affairs, but even those routinely take at least ten months to get heard.

Point is, it's no surprise there's been no definitive legal precedent set yet. But it'll happen, and relatively "soon" (in legal terms).