That's actually a false point of view on this lawsuit. First, Keller is simply the defendant named in the lawsuit, but it has support from many former NCAA athletes who didn't make the big time. There are actually a couple of other suits out there that are pretty much the same as Keller's. This won't go away anytime soon. Also, the scholarships do not matter whatsoever when discussing this. It'd be like trying to argue whether the light was on or off during a robbery, it's really irrelevant to the entire case of "Did person z rob person y of item x".
What is in question is should EA and the NCAA be allowed to use strikingly similar player likenesses in video games which both profit off of without the players permission or without any of those licensing fees going back to the player. It is, in a lot of ways, the same thing as the Ed O'Bannon case. Unless the NCAA has players sign their likenesses away when they play college sports, both EA and the NCAA could be in serious hot water here.