Report: Retired NFL Players Plan to Sue EA, Madden

His days of calling NFL games on T.V. may be over, but John Madden's retirement might not be as idyllic as he had hoped.

According to a report on former Oakland Raiders lineman Dave Pear's Blog, NFL retirees are planning to go after Madden and Electronic Arts, publisher of the best-selling pro football game which bears the former coach's name.

GamePolitics readers may recall that retired players won a staggering $28 million verdict against the National Football League Players Association last fall when evidence showed that the union suggested to EA that identities of retired players on historical teams be "scrambled" to avoid paying them royalties. E-mails revealed in the trial also showed that the NFLPA acted to block Take-Two Interactive from acquiring rights to former NFL players, thus preserving EA's monopoly position with regard to pro football games.

But militant NFL retiree Bernie Parrish writes that EA and Madden himself are squarely in the players' legal sites:

The retired NFL players who were used in Madden EA video games will be suing Madden and EA for using us in those games without compensating us. Madden’s agent Sandy Montag boasts he and Madden collected over $100,000,000 in royalties while paying the retired NFL players used in those games absolutely nothing. Madden knows that the ugly truthful litigation is coming and is probably factoring that into his retirement. I doubt he wants to answer all those fans who will be asking, “Why, John Madden? Why did you screw all those retired players over, you seemed like such a friendly, good-natured buffoon?”...

No deals are going to be made because John Madden is moving his act to his home office where he will continue to screw over the retired players without having to face the fans around the country. Madden and Montag plan to continue licensing Madden without compensating retired players...

This is complete BS. These retired players are greedy pigs. WTF are they suing for? a game that featured their likeness back in 95? Are they scared of a NORMAL JOB?

And where does Madden get even involved except for doiing commentary and lending his name to the game?

Also doesnt every new NFL player have to go into EA's studios to get their bodies digitized into the game to update rosters? You dont see the new guys complaining they arent getting compensation for this. They are just plain happy they get their face in a video game and can play as themselves.

All I have to say is the retired players, and the NFLPA, is the exact reason there is no completitiveness in the game and jackasses for no understanding they are old news. Unlike Baseball where you have real legends like Baby Ruth, their names are worthless after a few years.

/rant

doesn't really sound fair to ea or the players.

The NFLPA is supposed to represent all NFL players, past and present. Current players are getting compensated for being in Madden through the NFLPA. Past players should have been too. That is why the NFLPA was sued and lost.

(This sounds eerily similar to the health care thing that the retired players have been complaining about.)

EA is now getting sued because they were basically the accomplice of the NFLPA. They tried to cover up the fact that they were using the info of retired players.

Suing Madden himself does seem like a stretch. I doubt he has any knowledge of what goes on with this game. If he knew about this, though...

As for your last paragraph, the NFL is highly competitive, so I have no clue what you are talking about. There are plenty of legends in the game. Joe Montana, Jim Brown, Emmitt Smith, Barry Sanders, Steve Young, Bart Starr, Roger Staubach, Dan Marino, and Jerry Rice just to name a few.

Did you intend to look that misinformed about the topic when you started that hissy fit rant? Here's a bit from the last case the retired players won and what EA and the NFLPA have been up to:

Although Electronic Arts isn't a defendant in Parrish, Adderley et al vs NFL Players, Inc., the megabucks generated by its Madden NFL series are at the center of the legal dispute.

The case, which will go to trial next month in San Francisco, alleges that the National Football League Players Association and its marketing wing, Players, Inc., prevented retired players from earning their fair share of licensing revenue. Money generated by EA's enormously popular Madden NFL series is the primary bone of contention.

According to former Buffalo Bills safety Jeff Nixon, newly-uncovered documents in the suit reveal that EA Sports obscured identifying information of retired players to skirt licensing payments. Nixon writes:

The documents... make it is crystal clear that the NFLPA conspired with EA to “scramble” the images of retired players in their Madden NFL Video Games...

The Class Action lawyers have more than a smoking gun to prove this; they have the person shooting the gun in the form of a letter fired off by former Players Inc. Vice President of Multimedia LaShun Lawson, to Madden NFL Game producer Jeremy Strauser that was cc’d to Doug Allen, then President of Players Inc. In the letter LaShun says:

“For all retired players that are not listed... their identity must be altered so that it cannot be recognized. Regarding paragraph 2 of the License Agreement between Electronic Arts and Players Inc, a player’s identity is defined as his name, likeness (including without limitation, number), picture, photograph, voice, facsimile signature and/or biographical information. Hence, any and all players not listed... cannot be represented in Madden 2002 with the number that player actually wore, and must be scrambled."

In the 2007 version of Madden NFL alone, more than 600 retired players... had their images scrambled. They are not identified in the game by their names and numbers, but the game lists their exact weight, height, years in the league, and position they played...

When a substantial competitor to EA [Take-Two] began to emerge for use of retired players, EA and Defendants rushed to enter into a contract locking up the most valuable retired players’ rights in exchange for payments that were admittedly below market. PI’s Senior Vice-President, Clay Walker, admitted as much in the following email:

“Take Two [the EA competitor] went after retired players to create an “NFL” style video game after we gave the exclusive to EA. I was able to forge this deal with [the Pro Football Hall of Fame] that provides them with $400K per year (which is significantly below market rate) in exchange for the HOF player rights. EA owes me a huge favor because that threat was enough to persuade Take Two to back off its plans, leaving EA as the only professional football videogame manufacturer out there.”

http://www.gamepolitics.com/2008/09/30/ea-hid-identities-retired-players-madden-lawsuit-document-says Oh gosh! Poor EA! They are such the victims here!

I believe they should just go after EA although Madden did collect a shit load of money. I agree with theRepublic and Onyxmeth. Also, ssj12 how can you say there aren't any legends from the NFL. I could list way more recognizable names than you could for baseball.

Considering that ssj12 only named a candy bar as his legendary baseball player, I'm fairly sure you could take him.

As for your last paragraph, the NFL is highly competitive, so I have no clue what you are talking about. There are plenty of legends in the game. Joe Montana, Jim Brown, Emmitt Smith, Barry Sanders, Steve Young, Bart Starr, Roger Staubach, Dan Marino, and Jerry Rice just to name a few.

Thank you...

And as it says at the beging of almost anything and everything in entertainment media: Likeness or living or dead are purely coincidental...It's longer but the point is that people make sure that this is stated and clear so they wont get sued.

As for the NFLPA OMG...they Screwed EA in this (EA would not have to pay the players Directly but the NFLPA would have to negotiate the compensation for them thus giving EA the right to omit any player if they would not want to pay more than a certain amount. Or simply pay a team a total sum or what not)..Madden might not be at fault himself since his contract would be separate...Like who goes on the cover get's paid separately .... though not sure that if they can prove he knew of the NFLPA actions and EA's if they can prove that then he cant get off the conspiracy hook...

SO Your Rant is something a 10 year old would say...

LOL

I didn't even notice that.  "Baby Ruth"

I just didnt feel like listing more than one person. I could have easily listed Jackie Robertson, Mickey Mantle, Cy Young, etc. And yes I used Ruth Cleveland's nick name as its more recognizable for most people. 

Also, I hate the NFL with a passion, so really I couldnt name a SINGLE NFL player other than Dan Marino and John Madden (obviously) who was my favorite quarter back when I did actually want it. I just hate greedy pricks.

Still I know Take Two got screwed by the NFLPA. This is what I meant by my last paragraph. They screwed TT from licensing retirees to the sport.

I just didnt feel like listing more than one person. I could have easily listed Jackie Robertson, Mickey Mantle, Cy Young, etc. And yes I used Ruth Cleveland's nick name as its more recognizable for most people. 

Also, I hate the NFL with a passion, so really I couldnt name a SINGLE NFL player other than Dan Marino [and John Madden (obviously)] who was my favorite quarter back when I did actually want it. I just hate greedy pricks.

Still I know Take Two got screwed by the NFLPA. This is what I meant by my last paragraph. They screwed TT from licensing retirees to the sport.