MMOEXP: In the context of the current Madden 25
According to The Associated Press: "The 9th Circuit said EA Madden 25 coins was not likely to prevail in its claim that its use of ex-players' images was incidental and therefore covered under the First Amendment."
The judge Raymond Fisher explained his decision in this manner: "We hold EA's use of images of former players is not an incidental matter since it is integral to EA's principal commercial objective, which is to develop an authentic virtual simulation of football matches that include players from both former and current NFL players."
One of the defendants in the suit one of the plaintiffs, ex- Los Angeles Rams quarterback Vince Ferragamo said that Madden NFL series featured the exact characteristics, likenesses and features, of retired players. But, Ferragamo claims EA did not have permission to use the game. use.
EA expressed its disappointment by the ruling of the court and said it is planning to challenge the lawsuit.
"We consider ourselves to be believers in our First Amendment right to create artistic works in any form that relate to real-life individuals and events and we intend to seek court approval to ensure this right," EA said.
This case is comparable to one that occurred in 2022 in which a judge decided in favor of EA in a case filed from an ex- Arizona State University QB Sam Keller in relation to The NCAA Football series. The plaintiff claimed that EA utilized images of college athletes, without paying the athletes. EA was eventually forced to pay 40 million dollars to settle the matter in addition to this year's NCAA Football series was put in limbo.
In the context of the current Madden coins for sale ruling, Judge Fisher declared: "Like NCAA Football, Madden NFL replicates players' physical attributes and allows players to manipulate them to execution of the same sport that they do in real life, which is playing in football with the NFL squad."