Bloomberg reports that Brown filed suit against Electronic Arts and Sony yesterday in a New York court, alleging that he "never signed away any rights that would allow his likeness to be used.''
What makes Brown different from the hundreds of other current players represented in the game? According to the lawsuit, Brown alleges that when he played in the '50s and '60s, "the NFL had league wide policy that players shall have no lawyers or agents when negotiating compensation." Even if he had had a lawyer, Brown argues, "video games were not invented yet and no union to obtain rights from [them] existed.'
It's a decent argument, but we'd like to think that some forward-looking '60s lawyer could have foreseen the invention of video games and included them in his contract negotiations. After all, today's sports contracts routinely contain clauses for holosim royalties (No, not really).