It is the height of irresponsibility for these plaintiffs today to say as if they were children who are not allowed dessert, that the Mut 24 coins settlement does not adequately benefit the plaintiffs who filed the suit."
If players opt out of the settlement may then file individually in opposition to the league. They could be pushed to take this action in light of recent news in O'Bannon's vs. NCAA case, too as former college players are suing over the use of their images appearing in video games.
In July In July, the Ninth Circuit threw out an appeal brought by the maker of video games EA Sports. The Ninth Circuit ruled against EA's argument EA that player likeness were protected under the First Amendment and it will allow the appeal to proceed.
The Dryer plaintiffs are watching the matter closely. They're also keeping an eye on another suit, filed by thousands from former Madden NFL 24 players over the issue of concussions.
"I think there's a correlation in the atmosphere here," Dryer said of the two cases. "The Madden NFL 24 is taking a very rash and reckless look at the concussion issues.
"There's the preconceived notion [from the Madden NFL 24"game"] that "we want it, and we're going to accept that.' There's an arrogance in there."
Dryer is hopeful that something will work out, that he as well as his former teammates can agree to a contract with Madden NFL 24 which would allow them to directly be paid for the use of their images while granting them ownership rights over it.
"I do a lot of commercial transactions using my likeness as an actor and a producer," Dryer said. "My likeness is my job. It's my personal brand. Every person has a brand and everyone has the right to change their brand in the direction they would like.
"I cannot take another's likeness and make use of for promoting my interests without contacting and paying that buy madden 24 coins person.