CBS Sports reported. NCAA rules do not allow colleges to pay athletes when their images are used in a video game series such as EA Sports' NCAA Football games, and Wilken said those rules "unreasonably restrain trade."
Wilken is the same judge that ordered settlement talks between the NCAA and Ed O'Bannon in February, after EA agreed to settle its own likeness lawsuits with student athletes to the tune of $40 million in September 2013. EA canceled its next NCAA Football game at that time and began "evaluating [its] plan for the future of the franchise." The publisher later reported an additional $8 million in expected expenses as a result of the lawsuit settlement, which amounted to roughly $1,000 per athlete, per appearance in the games.