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factory15

EA being sued by helicopter maker for depicting vehicles in BF3

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Was curious if you PMDG guys think this has any merit? I know you worked very closely with Boeing to get the NGX right and I'm sure you got their expressed permission...curious if you absolutely needed it to depict the aircraft? (assuming you could model it perfectly w/o their help)http://kotaku.com/5874076/ea-invokes-first-amendment-protection-for-video-games-in-trademark-dispute-with-helicopter-maker[kotaku.com]Electronic Arts is asking a federal judge to rule that it has a First Amendment right to depict real-life military helicopters in video games such as Battlefield 3 without the permission of the aircraft's maker.The three helicopters in question are the AH-1Z Viper, an attack helicopter (pictured above); the UH-1Y, a multipurpose/transport helicopter; and the V-22 Osprey, (jointly produced with Boeing) whose distinctive tilt-rotors allow for vertical and short takeoff and landing.Textron lawyers demanded that EA cease its depiction of three Bell aircraft in Battlefield 3. "The parties have been unable to resolve their dispute," EA's complaint says. "EA therefore has a reasonable and strong apprehension that it will soon face a trademark and/or trade dress action from Textron."Electronic Arts asserts that its depiction of the three aircraft "are protected by the First Amendment and the doctrine of nominative fair use." EA notes that Battlefield 3's packaging features a disclaimer stating that the appearance of real-world weapons and vehicles does not constitute any official endorsement by their maker. It adds that "the Bell-manufactured helicopters are not highlighted or given greater prominence than any of the other vehicles within the game."

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I put my money on EA. They (and other well known developers) are always being sued for things like this. It's just not always public. It also goes to show how great we have it in our games now a days! I remember the rumor (or maybe even truth) to where certain weapong developers were suing EA when BF1 1st hit. I was a T.O.W gunner for a few months, and that was the 1st thing that caught my eye with Battlefield. They nailed all it's characteristics including the density and color of the smoke to a T. Our gaming has reached that level of realism that has brought on law suits for well over a decade now (if not more).

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Textron are very touchy about reproductions of their aircraft in a game/sim. Some 3rd party developers have had problems with them as well when any Cessna GA is made.

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Money will change hands and it'll be a non-issue.
Yep, out of court settlement I bet. I do think it's slightly ridiculous though that the mere image of something provokes a lawsuit - BF3 is not some detailed simulation of their helicopters...

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Yep, out of court settlement I bet. I do think it's slightly ridiculous though that the mere image of something provokes a lawsuit - BF3 is not some detailed simulation of their helicopters...
As long as there's money involved... If courts were known to dismiss such cases, this would be nonexistent. I believe similar case is Gulfstream Aerospace. Those are known to target even freeware developers with crease and desist...

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