NFLPA Madden Lawsuit: We Have the Smoking Gun Document

October 1, 2008 -

Yesterday GamePolitics reported on troubling e-mails between representatives of the NFL players' union (NFLPA) and EA Sports which seemed to indicate that retired NFL players depicted in Madden's classic teams were not well represented by the NFLPA and its licensing arm, Players, Inc (PI).

The e-mails are contained in court documents from Parrish, Adderley, Roberts, et al vs NFLPA, a class action suit scheduled to begin on October 20 in federal court in San Francisco. A reading of the e-mails appears to indicate:

  • some retired players received far less than their market value to appear in Madden
  • some retired players had details such as name and number "scrambled" so they would not be compensated
  • Take-Two's competing football game prospects were damaged by the NFLPA's deal with EA

Before going further, it is important to note a couple of points:

  1. Electronic Arts is not a defendant in the lawsuit, nor is any wrongdoing alleged by EA. The company paid its licensing money to the NFLPA. The plaintiffs, retired NFL players, take issue with the distribution of those funds by the NFLPA.
  2. Madden is not the only licensed product at issue, although it is by far the most lucrative. Others mentioned include such items as Topps football cards. Much of the case, however, revolves around Madden.

To recap the smoking gun e-mails, we'll start with former PI exec LaShun Lawson's e-mail to Madden producer Jeremy Strauser:

For all retired players that are not listed... their identity must be altered so that it cannot be recognized... Hence, any and all players not listed... cannot be represented in Madden 2002 with the number that player actually wore, and must be scrambled.

An e-mail from PI exec Clay Walker touches on how Take-Two lost out in the deal. This would appear to refer to 2K Sports' failed All-Pro Football 2K8:

Take Two... went after retired players to create an “NFL” style video game after we gave the exclusive to EA. I was able to forge this deal with [the Pro Football Hall of Fame] that provides them with $400K per year (which is significantly below market rate) in exchange for the HOF player rights. EA owes me a huge favor because that threat was enough to persuade Take Two to back off its plans, leaving EA as the only professional football videogame manufacturer out there.

GP: We promised the document. Get it here.


Comments

Re: NFLPA Madden Lawsuit: We Have the Smoking Gun Document

"Smoking Gun Document"

Man, that sounds familiar....

Sounds like Jet Turbulence to me   ;)

Sortableturnip's Law: As an online discussion of video game violence grows longer, the probability of a comparison involving Jack Thompson approaches 1

Re: NFLPA Madden Lawsuit: We Have the Smoking Gun Document

I  hope these guys win.

From the second quoted paragraph, it sounds like the NFL purposely sabatoged 2K's All Star, or what ever that was with the retired players, game just so they could make more money off of Madden.

What freaking jerks.

If there ever was going to be a desire for me to buy a Madden game or even care about Football, this has killed it.

E. Zachary Knight
Oklahoma City Chapter of the ECA
MySpace Page: http://www.myspace.com/okceca
Facebook Page: http://www.facebook.com/profile.php?id=1325674091

Re: NFLPA Madden Lawsuit: We Have the Smoking Gun Document

Least they were honest about the "manufacturer" part.

Re: NFLPA Madden Lawsuit: We Have the Smoking Gun Document

 HELP THE RICH GET RICHER! Those poor dumb jocks need that second mansion!

They can't help their money-grubbing; they're mentally disabled so they can't find work anywhere else. That's why they got into football to begin with, and all that crashing around aimlessly on the field only made it worse. Pity them.

Re: NFLPA Madden Lawsuit: We Have the Smoking Gun Document

So I take it you don't realize that not all retired football players are incredibly wealthy and living like kings?

The stars get the big bucks and the average player gets the average bucks. This is the NFLPA, and PI trying to screw the average player out of their money, so that they stars keep getting the big bucks.

-Gray17

Re: NFLPA Madden Lawsuit: We Have the Smoking Gun Document

So does that mean it is okay for me to make a game or movie with your likeness name and life and professional  history and not pay you a penny for it? That what it sounds like to me.

E. Zachary Knight
Oklahoma City Chapter of the ECA
MySpace Page: http://www.myspace.com/okceca
Facebook Page: http://www.facebook.com/profile.php?id=1325674091

Re: NFLPA Madden Lawsuit: We Have the Smoking Gun Document

See, I was going to say, so EA being greedy is better than the football players how?  But you are more right...

Nido Web Flash Tutorials AS2 and AS3 Tutorials for anyone interested.
How to set Xbox 360 Parental Controls
 
Forgot your password?
Username :
Password :

Poll

Which group is more ethically challenged?:

Shout box

You're not permitted to post shouts.
Mattsworknameof players, over and over for the last seveal years. Among non RPG games, which make up the vast majority of current games, I think that you still see a large scale disparity between male and female in the AAA industry.07/01/2015 - 1:36am
Mattsworknamewilson. Out of RPG players yes, thats true, and in pc ciricles im not suprised, but RPGS make a small fraction of Console games these days and while pc gaming is seeing a resurgance, MMOs are actually retracting in size , as shown by WOW losing millions07/01/2015 - 1:33am
Matthew Wilsonhere is the study to prove it. http://www.pcgamer.com/researchers-find-that-female-pc-gamers-outnumber-males/07/01/2015 - 1:17am
Matthew Wilson@matt wrong over half of rpg players, both singleplayer and mmos, are female.07/01/2015 - 1:15am
MechaCrashRight, women don't usually play AAA games because none are aimed at them because they don't play them because none are aimed at them because okay you see where I'm going with this.07/01/2015 - 1:11am
MattsworknameI think the better path is this, more games built to give you the Choice of playing as male or female, and give the females good voice actors07/01/2015 - 1:08am
Mattsworknameup more then a fraction of the AAA games industry, but they make up a much larger part of the moble market.07/01/2015 - 1:04am
Mattsworknameandrew is right, to a point, as you are seeing a slow increase of women in games, but the sales shows that the lions share of gaming money comes from a male demo, and while andrew is right that it is changing, it's gonna be a LONG time before women make07/01/2015 - 1:04am
Andrew EisenI think more professional gamblers should get into games publishing. They'll play the odds but they'll also take risks to maximize profits.06/30/2015 - 11:57pm
Andrew EisenAt the end of the day, the ball is rolling and it's rolling in the right direction. Maybe not as fast as we'd like, but it is moving. All we can do is play the games that interest us and make our thoughts known.06/30/2015 - 11:55pm
Matthew Wilsonits unfortunate that the dataset is so tiny for female leads, and is a mixed bag, so money people get the wrong idea.06/30/2015 - 11:54pm
Andrew Eisen"Duke Nukem Forever sold poorly. See? Games staring white guys don't sell!" Pretty silly thing to say.06/30/2015 - 11:50pm
Andrew EisenOr, at the very least, that gamers aren't turned off by female leads.06/30/2015 - 11:49pm
Matthew Wilsonyou would think games like metriod, portal and tomb raider would show that it work, but hopefuly those knew ones will.06/30/2015 - 11:47pm
Andrew EisenBut, luckily strides are being made and the money peoples are slowly learning that diversity -> larger targeted audience -> more potential dollars.06/30/2015 - 11:43pm
Andrew EisenSure does. That's why there should be more than just one or two attempts. (7 games at E3 with female leads and 35 with a gender option. I think it's safe to say that not all of these will fail!)06/30/2015 - 11:42pm
Matthew Wilsonthat puts alot of presure on the early stuff to do well. lets hope games like recode and harizon are good, and sell well.06/30/2015 - 11:38pm
Andrew EisenLuckily, money people also like to follow trends. So, it's a "simple" matter of making proper representation a trend. And wouldn't you know it, we're seeing the beginnings of exactly that!06/30/2015 - 11:34pm
Andrew EisenBut yeah, money people are risk averse. That's why we see so many sequels, reboots, and adaptations. To a lot of money people, "there's no evidence this works because it's rarely ever been tried" is the same as "this doesn't work."06/30/2015 - 11:33pm
Andrew EisenThat's why I think it's worth convincing the money peoples that proper representation (in any of its forms) isn't a financial risk, it's the path to expanding your audience and making even MORE money!06/30/2015 - 11:32pm
 

Be Heard - Contact Your Politician