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Madden can be agent for change in NFL union

by Mark Kriegel

Mark Kriegel is the national columnist for FOXSports.com. He is the author of two New York Times best sellers, Namath: A Biography and Pistol: The Life of Pete Maravich, which Sports Illustrated called "the best sports biography of the year."

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Updated: November 14, 2008, 12:19 PM EST
Where's Madden?

Sounds like a new game. If only it were that amusing.

Five days have passed since a federal jury in San Francisco determined that the NFL Players Association should pay retired members an astounding $28.1 million in damages ($7.1 million, compensatory; $21 million, punitive). Basically, the late Gene Upshaw's union conspired to cheat these men out of proceeds from use of their likenesses in the phenomenally successful "Madden" video games. One union official actually advised the manufacturer, EA Sports, to "scramble" the ex-players' identifying names and numbers so as not to pay them. But John Madden himself has managed to remain silent.

And that's just wrong. I'm not arguing that Madden is responsible for the union's conduct, or that he knew of it. But, ultimately, endorsers should be held accountable for the harm that is camouflaged by their names. When activists charged that Nike was manufacturing basketball shoes under deplorable conditions in Indonesian factories, it became Michael Jordan's problem. Kathie Lee Gifford was pilloried — a bit unjustly, it turned out — when it was learned that her clothing line was made by underage children in Honduran sweatshops.

Madden's situation is a little different. Madden was a Raiders assistant from 1967 to 1968, and the head coach from 1969 to 1978. The people exploited in this case weren't on the other side of the world. They weren't faceless abstractions. They were Madden's contemporaries. Some he coached against. Others played their hearts out for him. They helped him make his bones.

The class-action lawsuit was filed in 2007 on behalf of 2,062 former NFL players, about 570 of whom were found to have appeared in various versions of "Madden" without compensation. The games include 142 vintage teams, among them the '66 Packers, the '71 Cowboys and a seemingly inordinate number of Raider teams. According to a plaintiff's exhibit, the Madden '05 Collector's Edition for PlayStation 2 includes every Raiders team from 1967-1977 except '73. Anyone who played for Oakland in those years played for Madden. In fact, the plaintiffs include any number of storied Raiders, guys like Ken Stabler, Jim Otto, Dave Casper and Ben Davidson.

John Madden has yet to speak out on the lawsuit involving the video games bearing his name. (Jamie Squire / Getty Images)

"If John Madden knew that they were scrambling us, it's a disgrace," said Herb Adderley, a Hall of Fame defensive back who initiated the suit. "If he didn't know, well, no blame to him. ... But I'm sure he's seen some of these video games himself. I mean, I played against the Raiders in the Super Bowl. He can obviously see that the guy on '66 Packers and the '71 Cowboys is Herb Adderley.

"He should say something. It would really help if he would come out and say something to heal the animosity between the current and the retired players. It's been a real bad thing."

"It's time for a change in this union," said Peter Parcher, the lead trial lawyer for the retired players. "John Madden can be a constructive, positive force. Given that his name is on the game, and that everybody in football looks up to him, it would be wonderful for all the players — active and retired — if he came forward as a unifying force."

Then again, before any of that can happen, Madden has to surface.

I called NBC, which employs Madden as an announcer for "Sunday Night Football."

The PR guy at NBC tells me this has nothing to do with NBC. This is a job for the PR guy at EA Sports, he says.

"It's not really a 'Madden' story," says Rob Semsey, the PR guy at EA Sports, which had revenues of $3.67 billion last fiscal year. "It's a dispute between the retired players and the NFLPA."

I always love when they tell me what the story is.

What are my chances of speaking with John Madden, I ask.

"Slim and none," he says.

An hour or so later, Rob Semsey's boss calls me. His name is Jeff Brown and he tells me to call Madden's agent.

Sandy Montag, of IMG, was out to lunch. Let me be fair, though. Sandy Montag is an incredibly important man. He's so important, in fact, that his lunches must last five, six hours.

Again, no Madden. Of course, if I wanted to talk about the tailgating recipes in his cookbook or the foot cream he swears by, I bet I could've gotten him on the phone.

The more I thought about it, though, the more culpable I considered him to be. I'd say Madden didn't know what the union was doing to the retired players, who were, after all, his kind of people, his guys. But after that lawsuit was filed, it became his business to know. And now that a jury has come back with such a damning verdict, it's his business to say something.

It would be a shame for Madden to end up another endorsement hustler, as he enjoyed great respect among those who played for him. "He speaks a common language every man understands," Jim Otto, the Raiders Hall of Fame center and, more recently, a class-action plaintiff, once wrote. "John's down-to-earth personality was one reason why the Raiders players liked him. He seemed to understand what we were going through."

Jack Youngblood, another tough guy plaintiff, also professes an undying admiration for the former coach. Madden once said that Youngblood — a Rams defensive end who once played with a broken leg — "personified the All-Madden team."

"Trying to say that John has some responsibility, I think, is stretching it," said Youngblood. "It's EA's responsibility. It's on the union."

I didn't say Madden was in any way responsible for the swindle. I said he should address the issues in the suit.

"At some point in time," said Youngblood, "John Madden will stand up and do the right thing. I trust him as one of the great coaches in the league, and a great man. I firmly believe he will do what's honorable."

I hope John Madden justifies an endorsement like that. I hope he has it in him to make the All-Youngblood team.

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I agree with you "the bullit" This is not a matter of "opinion" or some kind of "vote for who is right" TV show or game. The law is very clear on this matter, if another company, person or entity uses your likeness or voice without your signing a waiver or agreeing to that waiver...you are entitled to compensation. The Reskins guy below is also right...they are mostley talking about 70s and 80s era players in this action. There was not nearly as much money at stake then as now. Upshaw (rest in peace) did his guys wrong. He was in a fiduciary contract with the players in the union and he was in complete violation of that agreement. I others words...He sold his boys out bad!!!

bigDsfins4everbigDsfins4ever
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It's called 'royalties' boxingfan. If your likeness is used for someone else's profit, you are legally entitled to some of those profits. Kudos to Mark Kriegel for calling out everyone who looked the other way... including Madden.

the_bullittthe_bullitt
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I'm sorry, I don't agree with this article at all. Sure players got screwed back then, but it was wat it was a newly formed leage with really not that much money to go around. It was wat it was and it is what it is...how about we just focus on providing for current players that get injured and the players that are getting multi Million dollar deals give some of their salary to the old ones...how about that??

boxingfan101boxingfan101
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To all you young fans who obviously don't know what you are talking about when it comes to the old time player's salaries the average salary of an NFL player in 1970 was $23,000. even in 1970 that wasn't a lot of money and considering the average career of a player is about 4 years it is obvious old time players did not make a huge amount of money. And, yes, they are owed something since they are the ones who helped make the game as popular as it is today. Because of what they did they laid the foundation for the enormous TV contracts that have made the $1.1 million dollar average salary possible. Bottom line, they are owed every cent they can get.

xeracxerac
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Do the players on the cover of Madden get paid? Pay the piper EA Sports!

bb1958bb1958
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A percentage of today's salaries should go into the retirement fund to assist older players with medical problems. If EA Sports knowingly used "scarmbled" likenesses, they need to fork over the money. That's illegal. Shame on the union too. Way to sellout your members. Unions s---u-k!!

bb1958bb1958
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And by the way, I forgot: BLAH BLAH BLAH!!!

DYNODONNDYNODONN
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Kriegel: You imply wrongdoing by Madden throughout your article. Why didn't you state Up Front what you said near the end of your article: "I didn't say Madden was in any way responsible for the swindle. I said he should address the issues in the suit." I'm not sure whether or not Madden speaking out would change anything here, but unlike you he seems like a stand-up so I'm certain he will do whatever is right!

DYNODONNDYNODONN
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DezzNutz. Are you kidding? If a persons name or likeness is used to inhance a product, that person must be reimbursed. Perhaps you are too young or possibly "uniformed" to understand or know of the plights of some of the players that made it possible for the new guys to make the money they do. Shame on you igno!

TXNnCALITXNnCALI
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First, Kriegel is an idiot. He got no actual answers or even talked to John Madden, but he went ahead and wrote an article talking sh*t about him anyways. <br /><br />Second, no offense, but these old players are just jealous of the new players being overpaid. Madden the video game is goin in its like 15 year, but only recently has this become an issue cuz the old players are trying to get paid posthumously.<br /><br />Lastly, as much as I feel for players who have medical conditions, I read somewhere the average monthly payment a retired plyer gets is around $4,000 a month,<br /><br />A month! <br /><br />Ditka goes around acting like these guys are getting screwed and these guys make more than twice what I make in a good month!<br /><br />These people we watch on TV have no grip on real world reality...if you cant live on $4K a month you need to change your lifestyle. PERIOD.

DezzNutzDezzNutz
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martyinmaine: these are mostly players from the old era of pro football where the players made minimal money for their efforts.I do agree with you that Madden personally has no culpability in this matter. where I differ with you is wheather these players made 50,000 5,000,000 a yearhas no bearing on the fact that they deserve their fair share of the business deal too. also on a personal note marty, you sounded like an intelligent man until your use of foul language gave you away. you know children and young people read these post too and it sets a bad example for someone who by your avatar, is using the image of a proud american while dropping your morals to a base level. there are literally thousands of words you can use to make your point without dropping to that level.

redskins4481redskins4481
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ATTN:MARTYINMAINE! Pull your head out of your A**!Did you read the article? Do know anything about the history behind this? First of all the players union isn't fighting for these players, the union has been stripping these older players of medical coverage that they should be providing for years. This isn't about the current players who are making millions, this is about the players who helped to build the NFL into what it is today, and most of them worked jobs outside of playing football, while they were playing football. None of these guys earned $1mil. from playing football, but the NFL still wants to use their names and likeness to profit. Your right, it is football, and while it may be a short career, it is still considered a career. The NFL is an employer, and it does have a retirement plan. Those are facts, you have nothing but an uninformed rant. I don't think Chuck Noll is trying to get on MTV Cribs, but it's interesting that your fat old a** is busy paying attention to the show. If you think it's stupid that someone should be paid for their likeness, why are you OK with Dead Dale having done it. You aren't required to copyright your likeness, that's why it's "Your" likeness. Your proud enough to stand in front of the flag for your picture, maybe you should read our laws and constition. I say good for these players, even though it's only a small amount of money for each of them, and hopefully this will help them to recieve the benefits they deserve directly from the NFL. This isn't about the players of today making millions, this is about the players who helped the league grow. The same players the NFL begs to come to events to help them promote itself, but refuses to step up and help them. Mike Ditka is doing just fine financially, and he's one of the biggest voices against the NFLPA'a policy for it's retired players. Before you rant next time, find out what it is your talking about.

butler2208butler2208
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Madden should speak up because the union isn't going to protect the old guys who built the game. Antoher fine example of yuppie ethics.

suffering_coogsuffering_coog
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Cmon John! Take one PR hit for the many teams and people who believed and adored you!

KELTS4EVERKELTS4EVER
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How about the PLAYERS UNION invest in sound finacial coucling for these MULTI million dollar spoiled brats who out spend budget. Kind reminds me of the debocle going on with our nation right now. AIG can spend $440,000.00 on golf and "spa" and then have enough nerve to come BACK to congress and say, we're going to need a few more BILLION dollars, thank you very much! WHAT? These "players" need to have someone like thier MOM, or Dad get up in their grill and tell them very simply, "This sport you play is NOT going to last forever and it has a short expectancy on your body too, so you NEED to live like a NORMAL human being and put as much of these MILLIONS of dollars they're going to give you away in a secure (if there is such a thing anymore) savings account for when the GAME is over!" It is absolutely the most stupid thing I have heard that they should be PAID for thier likeness in a VIDEO game or that John Madden has ANY responsibilty for them getting ANY kind of compensation! MAYBE they should have been a smart investor and invested in a copy right for thier likeness and name, much like Dale Earnheart did. Even those he is dead, his family (widow) still banks cahs everytime his NAME is used! But most of these NFL players are more into this whole I wanna be on MTV Cribs Yo! I want to have my bling, a few houses so I can have my fun. Like you can't have fun in a home that cost $200 thousand, you HAVE to have the ones that cost $18 million! Please, . . I say F' k em! You're not smart enough to put cash away from when the joy ride is over and now you're all banged up! Here's a CLUE, . . IT'S FOOTBALL!!! DUH!!!

MartyinMaineMartyinMaine
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$28M split 2000 ways is about $14K each. Now what exactly would Madden say about this other than for the Player's Union to pay it. Then what? Madden should keep his own deep pockets out of it as long as he can.

lmstout99@msn.comlmstout99@msn.com
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An astounding article Mark.....I was glued to your every word.....Fantastic from beginning to end......No wonder why he is an award winning writer.....Awesome read....

WrenchWizzardWrenchWizzard
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For everyone saying 'What CAN Madden do?'... Well, he can either do nothing (which is what he'll probably do) or he could use this as an opportunity to help heal the rift between the union and the retired players. <br /><br />He doesn't need to castigate the NFL or anything, he should just say a few words that he hopes this legal decision helps the old-timers and such. He should just use his position of prominence to do what little he can to help end the rift or at least make it better.

markk3441markk3441
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JUSt "not" the same comparison..Sorry terrible post

secretfishsecretfish
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we are all slaves somehow and corruption is always a constant state of the flesh. Let God sort it out. Your comparisons to cheaplabor is not congruent, I think that there is a cetain choice and passion for the game that players sacrifice themselves for it , the extreme challenge and the glory, the xcitement of being a pro player. the y give up more than some residuals for that sacrifice. They try to get some compensation but they really don't do it just for the money. Poor third world economies and cheaper manufacturing arejust the same comparison. i hope it works out for the players that were betrayed though, and I hope to learn Madden had no idea. Oh by the way, Jesus saves, and the whole sports industry is full of corruption, gambling and deceit. Unless you are that naive , players are basically thrown into the colusseum and used up for entertainment and sold like products until they are decayed to nothing.

secretfishsecretfish
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