leonard aragon is keller's attorney. on the left sam keller in his playing days at arizona state. on his right, the avatar for arizona state 's, the next year. a few years later, keller played for nebraska state, the avatar and his picture are nearly identical. >> right-handed? >> right-handed, they had everybody pretty much nailed down to a tee. if you had a generic quarterback with no semblance of that roster on that college team it would be a lot less appealing. >> cellar's lawsuit said the ncaa made money off him and other college athletes by illegally louing them to use his likeness in the football game. the ncaa's licensing arm, uses athletes real names in the development process then remove them before the game is released. >> they realize that something bad is going on and they don't want this to be out in the public, it would be wrong, they have been doing it and still do it, and this is exactly the type of thing that could submarine the game if it got into the media. >> if it got into the media? >> absolutely, yep. >> when you got this e-mail what did you think? >> hones