A California Court has denied EA’s motion to dismiss a lawsuit filed against it by NFL retirees over the use of the players’ likenesses without consent or compensation.
EA had tried to use the First Amendment argument over the players’ use, citing a California law which protects video games and other forms of media entertainment – a law the publisher used to its advantage during a similar suit brought against it by former NCAA Football players.
The class action suit consisting of 6,000 retired NFL players was brought against EA in 2010, with the parties claiming the publisher features the players in Madden NFL 09 without compensation in the form of royalties.
The case will now go to court, with the retirees asking for profits related to their likenesses as well as attorney’s fees.
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