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Madden suit sacks players union

By Brendan Sinclair, GameSpotPosted Nov 11, 2008 2:38 pm PT

Jury determines pro-footballer organization wasn't acting in members' best interests when licensing game liknesses, awards plaintiffs $28.1 million.

A jury yesterday sided with a group of retired NFL players in a multimillion dollar class-action suit against their own union, according to the San Francisco Chronicle.

As reported in September, the former players alleged that the NFL Players Association gave Electronic Arts preferential treatment in negotiations for the licensing rights of retired players. The $200,000-per-year cost of licensing for Hall of Fame players was said to be "millions below market prices," and a key factor in Take-Two Interactive's decision to abandon its competing (and not licensed by the NFL) All-Pro Football franchise.

A group of more than 2,000 retired players will now get to see some of those millions, as the jury awarded the class a $28.1 million judgment after determining the union had violated revenue-sharing agreements with them in licensing video games and other memorabilia. About $7.1 million of the award was issued for compensation, with the remaining $21 million coming in the form of punitive damages for failing to protect the rights of its own members.

According to the paper, a lawyer with the union asked for minimal damages because the full judgment would impact the NFLPA's ability to properly represent players.

94 Comments

  • scottyboy21203

    Posted Jan 11, 2009 5:24 pm PT

    take that

  • olvshooter13

    Posted Dec 15, 2008 2:57 pm PT

    that is very strange

  • bnazty23

    Posted Nov 15, 2008 8:12 pm PT

    Wow, I really cant believe the powers that be really deleted my post, how amazingly inappropriate and untimely was that? The cool thing was that no one gave it a bad rating, lol. Whatever

  • valdarez

    Posted Nov 14, 2008 7:18 pm PT

    I wonder where Brendan got the following information 'and a key factor in Take-Two Interactive's decision to abandon its competing (and not licensed by the NFL) All-Pro Football franchise.'. It was my understanding that the players were locked up for multi-year contracts, meaning that was in no way a key factor Take Two's decision to not produce an APF2K9 (which was in development until earlier in the year when the plug was pulled).

  • burback2

    Posted Nov 14, 2008 6:15 pm PT

    This has nothing to do with being greedy. Its about getting whats rightfully owed to you. The NFLPA even went out of there way to tell EA to blur out retired players photos. Obviously somebody didn't want to fork over the moolah. It only works out to about 14k per player but still better than nothing. Heck thats more than Joe DeLamielleure's yearly pension and the guy is in the HOF and played over 10 seasons. Thats a shame. NHL players get better pensions than that for crying out loud. The NFLPA is a joke and the retired plays got what they deserved. Its not enough. But hey, its real money

  • maverick_76

    Posted Nov 14, 2008 6:02 pm PT

    I think people forget that most of these players that played in the 60's, 70's and 80's did not have the mega contracts that star players today have. Back then a "mega" contract was for maybe $1 million a year, and that was usually for the top ten players in the league. Average salary was around $100,000- $200,000/year and that is still a lot, but when your career choice on average lasts about five years, well you do the math. Trust me, these guys needed that money with medical and mental expenses that come with playing in the NFL. That is why lots of players move to television, radio or other celebrity type jobs to generate more income, do y'all really think they wouldn't rather just chill on a couch in their underwear every Sunday?

  • RoC1909

    Posted Nov 14, 2008 1:03 pm PT

    @Molezzi

    That's right, just because MOLEZZI doesn't like our 'football' means it lame. Soccer, now THAT is a boring sport. A couple of guys kicking a ball around with really no action whatsoever outside of the few goals that are made. And then the fans get to be treated to a 'ringside seat' when a bunch of 'said fans' start to hurt, maim and kill others as well as burn the stadium down. What a bunch of tards!! Yup, great sport!!

  • RoC1909

    Posted Nov 14, 2008 1:00 pm PT

    Absolutely Cobra5! Gamers like to live out their fantasies by playing a game as their favorite player of yesteryear. I would be embarrassed if I was one of those that sued! Just to have your LIKENESS in a game cost millions. Hopefully EA tells them to 'F off' and make the players with different names like they did with Barry Bonds. SAY HELLO TO YOUR NEW PLAYERS: Noe Jamoth, Mo Fontana, Schlemmit Spliff

  • necronaux

    Posted Nov 14, 2008 11:58 am PT

    And the sad thing is... it's all OUR money. This just means that prices on the next versions of the games, DLC, tickets for games, etc. are all going up in price. We'll get less quality / quantity too.

  • Cobra5

    Posted Nov 14, 2008 12:23 am PT

    A bunch of people who had a lot of money who don't need it, are getting sued by a bunch of people who have a lot of money and don't need it.

    Yay?

  • Molezzi

    Posted Nov 13, 2008 10:37 pm PT

    DOES ANYBODY OUTSIDE THE U.S.A, ACTUALLY BUY MADDEN?? I doubt it... Cos its SOOO boring and lame. (what a idiotic sport) Give me Football (soccer) anyday!!! Fifa 09!!

  • Henninger

    Posted Nov 13, 2008 4:12 pm PT

    It is not greed on the part of the retired players. Its greed on the NFLPA. How r u not gonna pay the people their money 4 using their likeness? Im glad they had 2 pay that money. Stop being greedy & shady & things like this won't happen.

  • phase4illini

    Posted Nov 13, 2008 7:48 am PT

    Metaljeff, I think Take Two really gets a mention here because in reality, exclusivity with the NFL (should have and) will cost EA a great deal more money in the future, opening the door for a little competition from Take Two in the future.

  • dallasrusha22

    Posted Nov 12, 2008 7:22 pm PT

    re-dic-ul-ous

  • geist9049

    Posted Nov 12, 2008 4:51 pm PT

    wow, greed wins yet again...

  • bnazty23

    Posted Nov 12, 2008 4:16 pm PT

    @ AUTO: Holy s--t that is crazy about your friend! They made him pay for the hole in his shirt that a bullet went through!! That is one of the craziest things I have ever heard. I would have to say that the soldiers for this country definitely put their lives on the line each and every day and yes they get paid next to nothing for it. It really is a shame when you think about soldier, teachers, and firefighters get paid diddly squat compared to a professional athlete whom works about eight months a year PLAYING a GAME.

  • metaljeff

    Posted Nov 12, 2008 12:18 pm PT

    I'm not understanding why Take2 is mentioned here.....They paid each player individually.Their decision to not release AP2k9 came well before this ruling, and was a result of MANY factors....Low sales of AP2k8, along with VC taking over baseball and hockey from KUSH...Am I wrong here?

  • codeman5533

    Posted Nov 12, 2008 10:58 am PT

    good game needs fine tuning theres always next year as they say ps online isnt the best

  • grand17

    Posted Nov 12, 2008 10:53 am PT

    lol ok mark632, maybe your right. maybe criterion is owned by ea. but im not poor so i dont need to sell my games. i do have madden 07 in my collection too. i probably wouldnt buy another burnout anyway. i dont need duplicates of repackaged games. i like to try different games and imo ea games are just to similar from one year to the next.

  • mark632

    Posted Nov 12, 2008 10:31 am PT

    grand17 "...you see your wrong because criterion made burnout paradise and criterion made the free dlc. ea just published it. whereas ea sports makes those crappy games you like..."

    Surely, you are kidding. EA bought Criterion years ago. Criterion is just a brand name for EA developed games, no different than the EA Sports brand. So if you really believe all the ridiculous tripe you've been spewing around here, I suggest you get rid of Burnout Paradise and never buy another Burnout game again.

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