A motion filed by EA to dismiss a class-action lawsuit filed against it by 6,000 retired NFL players has failed, reports Gamasutra. As you will recall, the players that filed the suit claimed that their likenesses were utilized in Madden 09 without permission or compensation. Whereas the player’s names and numbers were modified, very important and identifiable statistics were left unchanged.
Rather than argue that it actually did not replicate real-world players without authorization, EA’s motion to dismiss postulated that Madden 09′s use of player likenesses was covered by the 1st modification, and so didn’t need consent or compensation. Since this motion was denied, the case can move on to court. Plaintiffs are seeking legal fees, damages and every one profits generated through the utilization of said plain tiffs’ likenesses.
Source: Gamasutra
