I think it would shake out like this:

If Brown wins money, Sony/EA could be seen as conceding that using a player’s number and “likeness” (in quotes only to emphasize that the players face does not, or at least in the past hasn’t, looked like Jim Brown, but was someone of similar color and build) constitute a use of a player’s image and requires compensation. While this could easily be removed from future games, many millions of units were already sold with this feature and that opens them up to a barrage of lawsuits from former players. Brown could very well assume that the money will then be open to anyone who wants to press the issue for themselves. Since there is no strong union or even anything more than a loose association of former players which could be used to collectively bargain on behalf of retired players, it seems that it would be a logistical nightmare of individual lawsuits.

Not to mention, as Buckeye Brad points out below, numbers in place of players has long been the norm in college games as well as games that obtain a license from a league, but not the players association of that league. Roger Clemens MVP Baseball for the NES is one of the earliest such games I remember. In fact, it went so far as to switch around first letters of name to just barely obscure players’ names (I seem to remember someone like Glan Dadden playing CF for the Twins rather than Dan Gladden). Obviously, the evolution of videogame realism has left athletes to defend more than just their name, but this is a slippery slope on all sides.

As for where the money Jim would get would go, I just don’t see it going to the veterans’ fund. I mean, when he does card shows, to the best of my knowledge, he’s not paying his sitting fee to the fund. That’s not meant to be a personal attack on Jim Brown or a knock against his character by any means, it’s just that I don’t think this would be any different then a card show where he’s making money off of his signature and likeness. Players have a right to make money after they retire and I have no problem with that.

Then again, if he does win something, I’d like to see him try and put together a veteran’s coalition that could negotiate on behalf of all retired players and develop some sort of pay scale based on usage of your name in interactive media. Another logistical nightmare, to be sure, but after playing All Pro Football 2k8 (a great start of a game, if a little shallow) with the classic players, it’s something I’d love to see. Then again, 2k Sports negotiated individually with all 80 or so former players in the game.