It's not uncommon for old games to be reissued if the demand is there, and there is no law against retailers selling outdated versions of any sports title. Sega had acquired an official NFL license for "ESPN Football", and the League probably would've made sure in contract that the terms of that license stay in effect for the life of the product, however long, to ensure that they receive their royalty for every copy that ever got sold. It's also not an uncommon practice for game companies to continue to tweak and alter games after they've already been released in earlier shipments, and the official license already allows for some degree of roster and NFL property updates to a game. Perhaps Sega Sammy could develop ESPN NFL 2K6 to some extent and release it as a reissue of "ESPN NFL Football".
Would the NFL have thought to draw up licensing terms back then to prevent against any of this? Could they have thought to regulate the specifics of a game reissue from their licensors if their financial interests were already covered by permanence in the original terms and royalty (and probably extra specified already to have the royalty fee revalued yearly for the NFL to keep the price up-to-date) unless they were specifically planning to prevent any loopholes in giving away future exclusivity? Did Microsoft ever rerelease the first NFL Fever later as a Platinum Hit as precedent? It would be interesting if Sega Sammy could find a way to go on selling new NFL games under the terms of their old license while EA was stuck with an extra expensive new 'exclusive' license.
Would the NFL have thought to draw up licensing terms back then to prevent against any of this? Could they have thought to regulate the specifics of a game reissue from their licensors if their financial interests were already covered by permanence in the original terms and royalty (and probably extra specified already to have the royalty fee revalued yearly for the NFL to keep the price up-to-date) unless they were specifically planning to prevent any loopholes in giving away future exclusivity? Did Microsoft ever rerelease the first NFL Fever later as a Platinum Hit as precedent? It would be interesting if Sega Sammy could find a way to go on selling new NFL games under the terms of their old license while EA was stuck with an extra expensive new 'exclusive' license.