Hall of Famer Jim Brown Sues EA, Sony

[Andrew]

Story @ IGN Sports

US, August 2, 2008 - Hall of Fame running back Jim Brown filed suit against Electronic Arts and Sony in Manhattan Supreme Court on Thursday, claiming that his likeness is being used without permission in the Madden series of games.

Although Brown is not named in the game, a "muscular African American player wearing the number 32" appears on the All Browns' Team in the game.

I'd say similar problems are keeping placeholder Legends out of NBA Live too. Interestingly, the article mentions that if the lawsuit is successful it will likely end the concept of Legends and historical teams in sports games:

If Brown's lawsuit succeeds, it would almost assuredly lead to the end of historical and all-time teams in sports games, since it's impractical for EA to sign contracts with thousands of players. The possibility also exists that EA could sign a deal with retired players' unions, which might end up being the likeliest compromise.

[Fresh8]

I don't understand why these legends don't want to be in the games? On the flipside, I guess it's an easy way to get money by suing...

I like the legends and all-time team concept so I would be fairly disappointed if this were to end.

[Sportsgamer]

I actually never play legend-teams, because I´m too young to know them and to lazy to learn sports history.
But isnt it a honor for Brown being in a video game?

Some legends should charge Glen and Bayag for adding them into NBA Live

[Andrew]

I don't understand why these legends don't want to be in the games?

It might be a different story if they were being compensated for it. Even if the Legends aren't necessarily the strongest selling point for most sports games, it could still be said developers are profiting from use of their likenesses so it's natural that those players would want money for allowing their likenesses to be used.

[Matthew]

I don't understand why he is suing Sony though and not also Xbox?

[benji]

Him and his lawyers were not well-versed enough to know gaming past "PlayStation" so Sony will be able to get out of the lawsuit.

His lawsuit is hinged on the fact that EA, despite not having the players still advertises "play with legends" but I don't know how far that will go. Konami was more or less forced to make Jordan/Shaq/etc. white back in the day after creating likenesses that looked pretty much exactly like them but didn't have their names. Sony also had to make their versions white after some legal rumblings. That's also why they never had accurate jersey numbers.

Although I think this is one of those "everyone knows who it is supposed to be, but you can't claim all black men wearing a number 32 jersey is you and expect money" things.

[Matthew]

Actually, thinking back, wasn't Jim Brown the one who criticized Jordan non stop for being too interested in money and not helping the community out enough, and now he's trying to get money over a company for using a "muscular African American player wearing the number 32"

Wow.

[benji]

I seem to remember Jim Brown saying a lot of stupid stuff over the years. Hopefully he'll try to license "black man who says things before thinking fully" next.

[Matthew]

You forgot muscular; "black muscular man who says things before fully thinking"...

[Andrew]

Although I think this is one of those "everyone knows who it is supposed to be, but you can't claim all black men wearing a number 32 jersey is you and expect money" things.

Would it be enough of an argument for him to have a shot? I mean, it's obviously meant to represent him but if the complaint is that his likeness is being used and nothing except the player's build resembles him and doesn't use his name, it's not really his likeness as such.

[[Q]]

long live the Roster Player.

[HeatThreePeat]

nooooooooooooooo! i like historical teams-why must they rid of it so soon..

[benji]

They aren't?

[Andrew]

nooooooooooooooo! i like historical teams-why must they rid of it so soon..

The answer as to why historical teams may be a thing of the past is right there in the article.