There is a belief they are right that the judge Paul Magnuson, will be able to decide whether or not to bring the two parties back to the bargaining table. When Magnuson was acquitting the Madden 24 coins proposed settlement in April, the judge said:
"It is worth repeating: those who initially brought this suit and now oppose the settlement rode to court under the banner of saving their downtrodden brethren and those who played within the N.F.L. yet today were penniless and, often, having to deal with injuries or illnesses that directly related to their playing. It's an act of insincerity for the same plaintiffs to complain about being treated like children who have no dessert that the settlement "does not give enough benefit to the players who brought the lawsuit."
Players who opt out of the settlement can then file individual lawsuits in opposition to the league. They could be more encouraged to do this in light of recent developments in the O'Bannon vs. NCAA case, too in light of the fact that former college athletes are suing over the way in which their names are that is being used in video games.
In July The Ninth Circuit threw out an appeal filed by video game maker EA Sports. The decision dismissed the argument from EA that likenesses of players were protected by the First Amendment and it will allow the case to proceed.
The Dryer plaintiffs are observing that case carefully. They're also watching a different lawsuit that was filed by thousands from former Madden NFL 24 athletes, over concussions.
"I believe there is an apparent connection in the atmosphere there," Dryer said of the two cases. "The Madden NFL 24 is extremely shrewd and naive at the concussion problem.
"There's a predisposed notion [from"the" Madden NFL 24] of "we're looking for that, we're going to get it.' There's an arrogance in there."
Dryer believes that something can be worked out, and that he along with the other retired players come to a settlement with Madden NFL 24 that would allow them to directly be paid for the use of their image while leaving them with the rights to the game.
"I often conduct commercial transactions using my likeness as actor and producer," Dryer said. "My persona is my profession. It's my identity. Everyone has a brand, and every person is entitled to direct their brand in the direction they would like.
"I cannot take another's appearance and madden coins apply for promoting my own interests without informing and paying the person. So why is it OK that the league can take our rights without paying us any money?"
