Quote Originally Posted by TIMB0B View Post
Interesting. Maybe that's why EA introduced the Legends Mode; to show holes in the plaintiffs argument. Because that would be an example of someone buying a game because of an athlete. However, I never played one second of that mode, and I'm sure 99% of the gamers out there didn't buy the game because of past Heisman winners either.
I was going to rebut this post, but then you used my argument in your next post.
Quote Originally Posted by TIMB0B View Post
but will the casual gamer be upset without some sort of accurate default rosters out of the box, therefore hurting future sales?
This is why the plaintiffs have a case. If EA put out a game with completely random rosters this would absolutely hurt their sales, especially from ranked game players who can only use the default roster. EA knew this which is why they put out accurate (for EA) rosters with their game.

I don't see any way that the plaintiffs can lose this case because there's no question that EA used player likenesses in their games. Even though they don't use names, EA is screwed. There's no way that they could argue that in their game the starting QB for Michigan (who is a black dude and wears #16, is a SR, hails from Florida, is 6'0, 195, and is easily the fastest QB in the country) is not an accurate representation of Denard Robinson. I don't know enough about the case to know if the big loser will be EA or the NCAA though (but probably both).