Electronic Arts has filed a preemptive lawsuit against aircraft manufacturer Textron, hoping to invoke First Amendment laws and justify the use of real-life helicopters in Battlefield 3.
Three helicopters appear in the game -- the AH-1Z Viper, UH-1Y, and V-22 Osprey -- none of which were licensed by Textron's subsidiary Bell. EA was in talks with Textron to reach a resolution, but those talks broke down. The game publisher feels it shouldn't have to seek a license to use the likenesses of the vehicles, citing fair use.
Electronic Arts hopes to exploit last year's official ruling that videogames were protected by free speech laws. It has succeeded in the past, getting away with using college football players' likenesses without permission. EA asserts that the appearance of the vehicles do not constitute an endorsement by the maker, and that the helicopters are given no greater prominence than any other in-game vehicle, appearing simply for realism's sake.
I always love seeing big publishers in these lawsuits, knowing how quickly they'd jump on the other side of the argument if it was their property being used. Of course, I admit my respect for free speech in games has been soured lately, given the hypocrites who won the ruling. Ah, sweet cynicism.
EA Invokes First Amendment Protection for Video Games in Trademark Dispute with Helicopter Maker [Kotaku]
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Contest:
11:00 AM on 01.09.2012
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Still I dont get the issue of licensing here. Do they feel EA is taking money from them because if helicopters weren't in the game your average gamer would be out buying one instead? What's their beef?
Good episode.
@MrFloppy: Don't hate on RendeZook.
Also also:
;D
*calls in airstrike*
Also, EA can eat a bowl of dicks and take nice long shit for all I care.
a) EA got away with 'fair use' on everything but helicopters, or
b) EA got the licensing to everything else in the game except for helicopters.
Everything else in that game has some kind of license, right? Surely the jets and weapons and ground vehicles required a similar procedure. So which is it?
This is one of those instances where I actually almost hope SOPA passes and Textron uses it so shut EA the hell down. The irony would almost be worth the draconian nay Machiavellian bill becoming a law.
In all seriousness Jim, you really missed out this year. There was an Aliens beat-em-up cabinet at the arcade and it was one of the fairest, most innovative, and all-around BEST games I've ever played in the genre.
'nuff said.
Yeah but the irony is palpable, how many times in the past has EA issued DMCA takedowns for things that clearly fell within the realm of "fair use".
I'm willing to bet its more than zero....
Actually no im not shocked but as someone who has actually believed they changed since 2008 and Mirrors edge I dont anymore EA is back to being old EA so hope they fail!
Will the bobcat industry join together and sure EA for the bobcat on Wake Island?
They are trying to screw everyone with SOPA/PIPA while at the same time crying "Fair use" on something they made strictly for commercial purposes.
Burn in hell EA.
This is exactly what will happen to the Internet if SOPA passes.
I hope they lose and gamers at large slam EA for supporting legislature that will do to the Internet what Textron did to BF3. Maybe a little humble pie will make EA see the light.
Hell Textron has just as much right to expect to be paid for the likeness of its wares appearing in a game as (inserts soft drink/snackfood/Sports team/auto manufacturer of choice)
Would be interesting to see how peoples tunes would change (particularly sports fans) if EA had released an Unlicensed NFL game with the names and likeness of teams/players and sited "fair use" as the reason it didn't feel as it needed to be bothered with licensing.
My money is on Megatron :P
I was gonna use him for that anology, but then quickly realized I would so want to see megatron crush cobra commander that it wasn't really a fair comparison.
I think this has greater implications than bf3
This the very company most infamous for using licensing to prevent competition, that now wants to sidestep having to license certain vehicles? What BS. EA wants to have their cake and eat it too. I hope Textron takes a nice, fair chunk of that BF3 money.
EXACTLY!!!
Given that, I can't imagine this'll fly.
I guess when EA said they wanted to set the standard, they were referring to the double standard.
Subsequently, look at what EA's doing here. They're basically pirating the helicopters out from under this company to help themselves turn a buck. I don't remember which side EA's even on any more with the whole SOPA thing, but I can't imagine that doesn't make them look bad no matter which side they're on.