Apples and Oranges? Perhaps in title only. Look at any madden title that included classic teams. That is where this suit is based. Not in current rosters, but in classic teams that were included in previous games.
EA argued in a preliminary hearing that they should be dismissed from the NCAA suit for the following reason, "even if it was using player likenesses, it was doing so in the same way as an impressionist uses a celebrity's mannerisms to make a joke"
They are now using the same argument for their included in game historical rosters. The judge even included in his summary as stated in the article "Like NCAA Football, Madden NFL replicates players' physical characteristics and allows users to manipulate them in the performance of the same activity for which they are known in real life - playing football for an NFL team," This is also the same district court that ruled in the O'Bannon case. Incidentally the court found "the arguments in the current case 'materially indistinguishable' from the reasons for rejecting the request to dismiss the college case."
EA argues they are using artistic license but provided ratings, uniform numbers, height, weight, skintone that matched real players on real teams.
Per an article with IGN, classic rosters were in madden 04. This included Ferragamo's 79 Rams.
http://www.ign.com/articles/2003/07/19/madden-classics?
Please explain how this is apples and oranges. Cause here is the way i see it.
EA Created a game (NCAA series) and Particular years of madden which included classic teams
EA Created in game avatars
EA assigned those avatars to Corresponding teams
Those Avatars held characteristics similar or matching the players on the corresponding teams.
The Former NFL players on which the avatars were based were not contacted
The Former NFL players on which the avatars were based did not sign contracts
The Former NFL players on which the avatars were based did not consent to their likeness being used.
The Former NFL players on which the avatars were based did not receive compensation for their likeness being used.
The only difference here is college athletes and retired football players.