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They are able to use real player names regardless. They also don't have to strike a deal with EA as far as I know the exclusive contract doesn't cover a game like this.
Lastly I don't think this game needs a major publisher and would argue in this space OOTP is the second biggest publisher behind sports interactive. It wouldn't make sense for them to go outside OOTP developments. The market is pretty niche and they're not going to sell that many more games to warrant giving a chunk of points up to someone who doesn't know this market just for the name.
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