Earlier this year, the Goldmans' family lawyer sued Simpson after a TheStreet.com report disclosed that Take-Two's game allowed users the opportunity to put Simpson's character on a team called "The Assassins." If gamers chose that scenario, and if Simpson scored a touchdown in the game, a clearly visible hooded mascot above the scoreboard appeared to make stabbing motions with a large knife.

All-Pro Football 2K8 features 240 football legends, including players such as Joe Montana and Walter Payton. The contract between Take-Two and Simpson also revealed that Take-Two grouped the retired players into categories, with each member of a category being paid the same amount.

Despite Simpson's inclusion and the controversy around the game, All-Pro Football is facing lackluster sales , with Take-Two acknowledging that it's not "terribly pleased" with the title's performance. All-Pro Football 2K8 released weeks before Madden NFL 08, the blockbuster from rival Electronic Arts ( ERTS), a move that further took a bite out of the game's sales.

About 320,000 copies of All-Pro Football for both Microsoft's ( MSFT) Xbox 360 and Sony's ( SNE) PlayStation 3 console are likely to be sold, estimates The simExchange, an online video games prediction market.

Compare that with more than 5 million copies of Madden NFL 07 sold at the end of 2006.

The game's disappointing performance could lead Take-Two to scrap the idea of another release in the series, but the game company seems determined to gain a foothold in the sports business.

In its quarterly earnings report on Monday, Take-Two said it believes it is on track for its sports division , 2K Sports, to be profitable next year.

Shares of Take-Two were down 8 cents, or 0.4%, to $16.49 in recent trading.

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