Drama Llama!

Save the drama for your llama

Drama Llama!

She likes pants and Cooking Mama

Drama Llama!

Let's all go and vote Obama!

...Hmmm, the theme song could use some work.

Well, anyway. Here's one for all the sports games lovers out there. I apologise in advance for any mangling of the subject, seeing as this is hardly my genre, but I hope it's of interest for those that do play these titles.

Electronic Arts Scrambled Identities of Retired Players in Madden Series

GamePolitics reports that EA, while not named a defendant in the forthcoming Parrish, Adderley et al vs NFL Players, Inc. trial (set to go to open in San Francisco later this month), is accused of cutting out recently-retired NFL players from potential Madden royalties.

The text of the suit refers to what the plaintiffs call the "shooting gun" document, which instructs how to anonymise characters to make them legally distinguishable from real, now-former players.

The documents [...] make it is crystal clear that the NFLPA conspired with EA to “scramble” the images of retired players in their Madden NFL Video Games.

[...]

The Class Action lawyers have more than a smoking gun to prove this; they have the person shooting the gun in the form of a letter fired off by former Players Inc. Vice President of Multimedia LaShun Lawson, to Madden NFL Game producer Jeremy Strauser that was cc’d to Doug Allen, then President of Players Inc. In the letter LaShun says:

"For all retired players that are not listed  [...] their identity must be altered so that it cannot be recognized. Regarding paragraph 2 of the License Agreement between Electronic Arts and Players Inc, a player’s identity is defined as his name, likeness (including without limitation, number), picture, photograph, voice, facsimile signature and/or biographical information. Hence, any and all players not listed [...] cannot be represented in Madden 2002 with the number that player actually wore, and must be scrambled."

In the 2007 version of Madden NFL alone, more than 600 retired players [...] had their images scrambled. They are not identified in the game by their names and numbers, but the game lists their exact weight, height, years in the league, and position they played.

[...]

When a substantial competitor to EA [Take-Two] began to emerge for use of retired players, EA and Defendants rushed to enter into a contract locking up the most valuable retired players’ rights in exchange for payments that were admittedly below market. PI’s Senior Vice-President, Clay Walker, admitted as much in the following email:

"Take Two [the EA competitor] 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."

(Emphasise is GP's. Well, and mine.)

Plaintiffs in the suit, in an attempt spearheaded by former Buffalo Bills safety Jeff Nixon (who runs NFL Retired Players United), have attempted to appeal to John Madden himself, in an open letter:

You are [...] the face and name behind the wildly popular EA Sports Video Game - Madden NFL [...] will you sit back and let the NFLPA and EA Sports continue to take advantage of our Hall of Fame players?

[...]

Evidence in the Retired Players Class Action suit demonstrates that the NFLPA and Players Inc. were working against the interests of the retired players and in favor of your boss EA Sports. [...] Instead of negotiating the best possible deal for the retired players which it purported to represent, the NFLPA and Players Inc. were doing favors for EA by reducing compensation to retired players, and driving a competitive licensee [Take-Two's NFL2K series] out of the market.

[...]

[In] this February 22, 2007 email from NFLPA Executive Clay Walker to Players Inc. in-house attorney Joe Nahra, the naked truth is exposed to the world:

"[...] The per player price for most of these guys was tens of thousands of dollars less than what they were guaranteed by Take Two Interactive so it’s a real coup that we were able to pull this off so cheaply. You have to remember that EA’s total cost is only $200,000 per year. We know that Take Two offered six figure deals to several former NFL players so the total cost is millions below market prices."

[...]

John, these are your fellow Hall of Fame Players they are talking about! Are you going to let them get away with this? [...] Where do you stand, John?

The following day, GamePolitics released a recap post which broke down the major points of the suit:

• 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.

We will have more information once the case goes to trial later this month.

GamePolitics: EA Hid Identities of Retired Players in Madden, Lawsuit Document Says

GamePolitics: In Lawsuit Over Madden Payments, NFL Retirees Appeal to Madden Himself

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

Llama Food for Thought!

Smaller items that just didn't make the draft today.

• Gamervision community member Darth Mattingly reports Fable II's Special Edition Box is now not so much.
• Kotaku: University Charging Students to Use Game Room
• GameCyte: GameStop Gobbles Largest French Retailer, Continues European Conquest. Wait, I think this was the premise to Pandemic II, wasn't it? You take over most of the world, but then Madagascar closes its sea port and you have to start ALL OVER.
• BBC: Blizzard wins Warcraft bot payout. Alas, without an in-game confrontation ala South Park.

Hm... drama llama... 'in pyjamas'... drama llama... 'eats bananas'... 

I'm going to be at this a while.

Thanks for reading, and I'll be seeing you soon with the next Drama Llama (or whatever other article it happens to be).