In July the Ninth Circuit threw out an appeal by the video game maker EA Sports. The decision rejected EA's argument EA that player likeness were protected under the First Amendment and  Madden 24 coins   it will allow the case to proceed.
The Dryer plaintiffs are observing that case carefully. They're also watching a different lawsuit made by thousands from former Madden NFL 24 participants, over the issue of concussions.
"I think there's an element of coincidence in the environment here," Dryer said of the two instances. "The Madden NFL 24 is taking a very rash and reckless look at the concussion issues.
"There's a predisposed notion from all of the Madden NFL 24 of "we're going to take that.' going to get it.' There's an air of arrogance there."
Dryer is ultimately hopeful that something will work out, so that he and his fellow retired players can reach a deal with Madden NFL 24 that would directly pay them for the use of their likeness while granting them ownership rights over it.
"I often conduct commercial transactions using my likeness as an actor and producer," Dryer said. "My likeness is my profession. It's my brand. Every person is a brand and each person is entitled to steer their brand in a direction that they prefer.
"I cannot take another's likeness and use this to advance my own interests without paying and contacting that person. Therefore, why is it okay to let the league take our rights and not pay us anything?"
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