TeamXbox writes: "
The options are limited for a game company that wants to develop a professional-sports title without any of the fancy licensing in hand. Punting until licenses are secured is one option, but the big, exclusive contracts of today's video-game landscape don't actually make this a financially feasible choice. The "Hail Mary" option is there, too: Use a pro sport's licensing without consent and pray that you don't get caught. But the odds are that high-powered attorneys would be at an infringing company's doorstep the day the game was pressed.
The correct route to run when the pro-sports licensing blues have you down is the "out-and-up," which is precisely the one run by Midway for its Blitz football series. The "out" part of the pattern is where Midway uses former NFL players and football markets to sell the flag. The "up" is the part where Blitz hits users hard with controversial topics and over-the-top gameplay that help ease the pain of not having any actual licensing rights."