Yet San Diego Studios owned by SONY and 2K Games take the "risk" ?
It's understandable that these companies avoid creating likeness intentionally to avoid litigation from members outside of any of the unions that sign off on the use of likeness in any video games. For The Show and 2K to give you a portal in which you can download user created content does not violate the anti trust laws in the O'Bannon case, which makes that aspect null and void. The line would be crossed if EA, 2K or The Show had their own created likeness available with purchase of individuals who are not part of these unions, which they do not. Selling these games without a likeness to Barry Bonds, Bill Belichick and others is in agreement with the respective unions behind each league represented.
In short, having user generated likenesses available in a portal for download isn't a risk. If having user created content was a "risk" at all Madden wouldn't allow the ability to share rosters in which users can in fact create who ever the want and slap numbers and names on the back of their created content to represent a likeness of any player. I think the simple fact is Madden and EA are a little behind the times when it comes to the user customization experience while titles like The Show and NBA 2K are giving their user base what they ultimately feel should be the standard.
EA = Refusal to change with the times and will continue to stick to their guns until given reason not to.
2K + The Show = Titles in which continue to provide prompt and consistent response to their communities requests for change.