NFL Great Jim Brown Sues Sony, EA over Madden

July 31, 2008 -

Forget about LaDainian Tomlinson. Longtime NFL watchers still maintain that Jim Brown is the best running back to ever play the game.

And now Brown is suing EA and Sony over what he says is the inclusion of his likeness in EA's best-selling Madden series. According to a report on Bloomberg

Brown, who left the National Football League to become an actor and starred in the movies "The Dirty Dozen'' and "Any Given Sunday..." [alleges that] the character, part of the "Real Old School Teams and Players'' series, is a muscular, African-American running back wearing the number 32 jersey who is featured in the game's "All [Cleveland] Browns Team,'' Brown said in a complaint filed yesterday in state court in New York.

 

Brown, who was number 32 for the Cleveland Browns, said in the complaint that he "never signed away any rights that would allow his likeness to be used...''  Brown said in the complaint that, when he played football, "the NFL had league wide policy that players shall have no lawyers or agents when negotiating compensation. Video games were not invented yet and no union to obtain rights from existed.''

Active NFL players are covered - and receive compensation - under licensing agreements with the NFL Players Association. Some retired players have received funds as well, but the numbers are typically smaller than for active players.

Via: GameDaily


Comments

Re: NFL Great Jim Brown Sues Sony, EA over Madden

Thanks good job;

Btw, I think Atari and Midway will drop out too, but mostly travesti because  these guys have done nothing travesti or little and need to start saving costs. and dizi izle

YES.

Now I don't have to get off my ass for the important shit anymore!

Whats next, ordering pizza from Xbox live?

Wait... I think that sounds like a good idea.

But I think voting should MAKE you get off your ass, and see outside or a second while you go vote. I mean, your picking the president of the United States of America for God's Sake... least you can do is drive down there and punch out a card.

Re: NFL Great Jim Brown Sues Sony, EA over Madden

I'm all for freedom of ttnet vitamin speech and allowing rent a car game makers to put whatever they want in games, but there's one thing about this app that has me scratching my head.  Correct me if I'm wrong, but from araç kiralama the previous article araba kiralama on this I gathered that players can use Google maps in-game to find the other (real-life?) dealers in their area.  If this is the case, has travesti anyone considered what's stopping someone from using this app to actually move drugs between hands for reals?

But majority araba kiralama of their outrage araç kiralama stems from what it could DO TO children, not the content itself.  Talk to one of these people and you'll find they don't think any books kiralık araba should be banned from children.  Mention American Psycho and they talk about kiralık araç the redeeming value of using imagination to construct a story.  Reading, no matter what the content, is largely viewed as a consequenceless activity for people of any age.  The reason why I mention American Psycho is because of the content itself.  Gaming never has and likely never will have any scenes where someone has sex with a severed head.  Not gonna happen.  Yet despite this, they'll fight tooth and nail to protect their children from two boys kissing in Bully but whatever they read is harmless... yeah.

The entire arguement is kiralık oto based upon a social normality inflicted by luddites who can't figure out the controls for Halo so it's frightening and terrifying and obviously the cause of youth violence on the rise even though, in reality, it's in decline (which is actually a HUGE suprise given minibüs kiralama the economies status).  In  a perfect world, we would have parents that actually parent.  The idea of sales restrictions on media on oto kiralama any form to accomidate parental unwillingness to get involved with their child's life is the real problem to me.  Here I am, 32 years old, and being held up at a self-scan rent a car needing to show ID before I can buy a $10 M rated game all because Soccer Momthra can't be bothered to look at the crap Billy Genericallystupidson does in his free time.  It's too hard for her, so I have to suffer?

Re: NFL Great Jim Brown Sues Sony, EA over Madden

I'm all for freedom of ttnet vitamin speech and allowing rent a car game makers to put whatever they want in games, but there's one thing about this app that has me scratching my head.  Correct me if I'm wrong, but from araç kiralama the previous article araba kiralama on this I gathered that players can use Google maps in-game to find the other (real-life?) dealers in their area.  If this is the case, has travesti anyone considered what's stopping someone from using this app to actually move drugs between hands for reals?

But majority araba kiralama of their outrage araç kiralama stems from what it could DO TO children, not the content itself.  Talk to one of these people and you'll find they don't think any books kiralık araba should be banned from children.  Mention American Psycho and they talk about kiralık araç the redeeming value of using imagination to construct a story.  Reading, no matter what the content, is largely viewed as a consequenceless activity for people of any age.  The reason why I mention American Psycho is because of the content itself.  Gaming never has and likely never will have any scenes where someone has sex with a severed head.  Not gonna happen.  Yet despite this, they'll fight tooth and nail to protect their children from two boys kissing in Bully but whatever they read is harmless... yeah.

The entire arguement is kiralık oto based upon a social normality inflicted by luddites who can't figure out the controls for Halo so it's frightening and terrifying and obviously the cause of youth violence on the rise even though, in reality, it's in decline (which is actually a HUGE suprise given minibüs kiralama the economies status).  In  a perfect world, we would have parents that actually parent.  The idea of sales restrictions on media on oto kiralama any form to accomidate parental unwillingness to get involved with their child's life is the real problem to me.  Here I am, 32 years old, and being held up at a self-scan rent a car needing to show ID before I can buy a $10 M rated game all because Soccer Momthra can't be bothered to look at the crap Billy Genericallystupidson does in his free time.  It's too hard for her, so I have to suffer?

Re: NFL Great Jim Brown Sues Sony, EA over Madden

And it don't take much to have a good "unauthorized use of likeness" case. As I recall, the legal test in most jurisdictions is "likely to cause confusion" (i.e., if the average, reasonable person on the street would be unsure that the product isn't depicting Person X, then Person X has satistfied the "looks like me" requirement of the lawsuit. You'll notice that the test doesn't call for Joe Blow to conclude that it is Person X, just that he can't say for sure that it isn't.

Re: NFL Great Jim Brown Sues Sony, EA over Madden

Jim's complaint makes a point in that old school everybodies (ballers, rappers, actors, ect.) did tend to get played by the various industries they worked in when it came to compensation in comparison to what some of the new school cats make (some of whom are straight-up bums in comparison and don't deserve half of what they make) because, in part, the old school cats taught the new school cats by example how NOT to get played. All the more reason for the the old school cats not to keep on getting played for their paper. Besides, you don't wanna get on Jim Brown's bad side. He's quick to slap the taste out ya mouth, if you do.  

Re: NFL Great Jim Brown Sues Sony, EA over Madden

Covering your tracks on a player you haven't got the rights to is nothing new: Ken Griffey Jr.'s MLB on the SNES had a pitcher with incredible stats on the Boston Red Sox named "Heat" who was a dead ringer for Clemens, and there was a basketball game a while back that included Michael Jordan as "Roster Player."

But maybe if EA gets shafted on using retired players in Madden games, they'll bring out a CFL game where I can play as Mike Pringle.

---
The Mammon Industry

---
Fangamer

Re: NFL Great Jim Brown Sues Sony, EA over Madden

Right, or baseball games, such as EA's MVP (RIP) series having a playing on the San Francisco Giants named Jim Dowd who had stats strangly similar to Barry Bonds or dozens of other sports games that have done the same over the decades. If they don't use his name or his face then he has no case. His jersey nor the number on it doesn't belong to him and his stats whatever they may be in he game don't either, just being a well built black guy isn't enough to claim his likeness was used without his permission.. Leaving MS and Nintendo out is either from ignorance or just because having two large companies who have lawyers that will rip this suit to shreds was enough.

Re: NFL Great Jim Brown Sues Sony, EA over Madden

true, but unless they explicitly say its him, I don't think he has legal grounds, as far as I know.

Re: NFL Great Jim Brown Sues Sony, EA over Madden

it  would seem to me that you would need more than the fact that the guy ws muscular african american wearing the number 32 to prove it was your likeness...

Re: NFL Great Jim Brown Sues Sony, EA over Madden

You might think that but not according to previous like Ali VS Playgirl.  In that case a cartoon which depicted a muscular black boxer seated in his corner with the captions "mystery fighter" and "The Greatest" was found to be enough to rule in favor of Mohammed Ali.  There are other cases like this in which celebrities catch phrases or jersey numbers have been enough for the courts to rule in favor of the plaintiff.

Re: NFL Great Jim Brown Sues Sony, EA over Madden

Then who is it supposed to be? These games don't really do the whole fictional character thing.

Re: NFL Great Jim Brown Sues Sony, EA over Madden

Yeah it pretty much is obvious it's him, same team. But really, sueing SONY? did they make the game? What about microsoft?

Re: NFL Great Jim Brown Sues Sony, EA over Madden

Note the "Liceinced by Sony/Microsoft/Nintendo" at the boot up of every single game on one of their consoles.

 
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