Announcement

Collapse
No announcement yet.

EA Sued by Helicopter Maker for Depiction of Aircraft in Battlefield 3

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • [INFO] EA Sued by Helicopter Maker for Depiction of Aircraft in Battlefield 3

    Found this on Planet Battlefield.

    The company behind three of the helicopters in Battlefield 3 are demanding that EA cease the depiction of them. The AH-1Z Viper, UH-1Y and V-22 Osprey helicopters are among the three that Textron, a parent company of Bell Helicopter are asking for removal. EA and Textron have been in discussions since December 21st, but have not been able to come up with a resolution. EA claims they are protected by the First Amendment and a disclaimer stating depiction of real world weapons and vehicles is not an endorsement by the manufacturer.


    The AH-1Z Viper, UH-1Y Venom, and V-22 Osprey found in BF3 single player

    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 action, basically a pre-emptive lawsuit against Textron, the parent company of Bell Helicopter, comes after discussions between the two sides broke down, according to a copy of the suit obtained by Kotaku. The suit was filed Friday in federal court for the Northern District of California.

    The lawsuit says that on Dec. 21, 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."

    "The Bell-manufactured helicopters depicted in Battlefield 3 are just a few of countless creative visual, audio, plot and programming elements that make up EA's expressive work, a first-person military combat simulation," says the suit.

    Electronic Arts' pre-emptive action would seem unusual were it not for June's landmark Supreme Court ruling that video games have the same free speech protections as other expressive works such as film, books and music.

    Since the Supreme Court ruled, EA has prevailed in a somewhat similar matter involving the unlicensed use of likenesses. In September, a federal judge ruled that EA's recognizable, if unnamed, depiction of a real college quarterback, without his permission, was within the boundaries of its rights to free expression.

    EA does negotiate licenses with athletes, individually or collectively, to appear in other titles; it is prohibited by the NCAA from licensing or compensating currently eligible college athletes, under NCAA amateurism rules. EA has licensed numerous real-world automobiles to appear in its Need for Speed series. The difference here seems to be that the vehicle fleet is central to Need for Speed's purpose, where it is not in Battlefield.

    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.


    I guess the military industrial complex feels like they don't make enough money.
    sigpicBF3

  • #2
    Re: EA Sued by Helicopter Maker for Depiction of Aircraft in Battlefield 3

    im confused since DICE made the game and made the models of those helicopters shouldn't DICE be the one getting sued or did i miss something that EA did lol

    Comment


    • #3
      Re: EA Sued by Helicopter Maker for Depiction of Aircraft in Battlefield 3

      I guess since EA owns the majority of DICE and being the publisher they probably hold some responsibility not only in idea but most likely in contract as well.

      This sort of issue already happens with racing games. Car makers are paid something to allow the names of their cars to be used, the likeness seems to be free for use from what I have seen. So perhaps they will change the names of the vehicles to something more generic.
      |TG-12th| Namebot

      Comment


      • #4
        Re: EA Sued by Helicopter Maker for Depiction of Aircraft in Battlefield 3

        Cobra can become the Garter Snake and the Havok can become the Chaos!

        Actually I think it all borders on the absurd. Copyright is really abused. I guess all those mods that made equipment were in the wrong too.
        Battlefield Samurai 'Banzaaaiii!!!

        Comment


        • #5
          Re: EA Sued by Helicopter Maker for Depiction of Aircraft in Battlefield 3

          The only reason Bell is up in arms is because they want a slice of the action. Like with many other suits involving brands or trademarks I feel this falls within fair use. Military helicopters are not commodities sold to the public, they are sold to only a select few. More over the helicopters portrayed, although they are only 3d models, are meant to be depictions of those in use by the military. I don't really see any judge impeding free speech at the expense of company who is not in direct competition with Bell and is only attempting to portray our modern battlefields. Besides military games are great for recruiting, I doubt many politicians would want to hurt that.

          Originally posted by TlgKill View Post
          im confused since DICE made the game and made the models of those helicopters shouldn't DICE be the one getting sued or did i miss something that EA did lol
          Digital Illusions is a wholly owned subsidiary of Electronic Arts thus any legal actions are directly handled by the parent corporation.
          sigpic

          Comment


          • #6
            Re: EA Sued by Helicopter Maker for Depiction of Aircraft in Battlefield 3

            Good luck defending yourself on the basis of the "doctrine of nominative fair use" if you are an amateur videographer on YouTube.

            And watch the day come when video game makers start agreesively restricting amateur in-game videography in the name of intellectual property and copyright as they trample over the "doctrine of nominative fair use".

            Fair use for corporations.

            ContentID and rights abuse for the rest of us.
            sigpic

            Comment


            • #7
              Re: EA Sued by Helicopter Maker for Depiction of Aircraft in Battlefield 3

              Originally posted by E-Male View Post
              Good luck defending yourself on the basis of the "doctrine of nominative fair use" if you are an amateur videographer on YouTube.

              And watch the day come when video game makers start agreesively restricting amateur in-game videography in the name of intellectual property and copyright as they trample over the "doctrine of nominative fair use".

              Fair use for corporations.

              ContentID and rights abuse for the rest of us.
              Well said. I never even thought of your point in the second paragraph, but now that it's in my head, I see that day coming up within a couple of years.

              Comment


              • #8
                Re: EA Sued by Helicopter Maker for Depiction of Aircraft in Battlefield 3

                This is easy to fix...

                Step 1. EA calls Boeing and shakes hands

                Step 2. DICE models an AH-64 Apache for Battlefield 3

                Step 3. In the description for the AH-64, DICE puts the following:

                In 2013 the U.S. Marine Corps adopted the AH-64 Apache over the AH-1Z Viper to standardize with other U.S. Military units, to avoid (insert whatever perceived weakness that the Boeing marketing department claims the Viper has) and to gain the advantage of (insert whatever perceived advantage that the Boeing marketing department claims the Apache has over the Viper)

                Rinse and repeat for any other manufacturer that gives DICE grief. I mean these manufactures pay good money and supply prototypes to have their weapons depicted in movies. Take that away and give it to their competitors.

                http://battlelog.battlefield.com/bf4/user/58Congo/

                Comment


                • #9
                  Re: EA Sued by Helicopter Maker for Depiction of Aircraft in Battlefield 3

                  [quote = Ski-Racer]In 2013 the U.S. Marine Corps adopted the AH-64 Apache over the AH-1Z Viper to standardize with other U.S. Military units, to avoid (insert whatever perceived weakness that the Boeing marketing department claims the Viper has) and to gain the advantage of (insert whatever perceived advantage that the Boeing marketing department claims the Apache has over the Viper)[/quote]

                  I think that's a pretty quick way to a libel suit...

                  Anyway, I would think BF3's helos are a damned good advertisement the same way Rambo was a great advertisement for the M60 and Dirty Harry was a great advertisement for .44 magnums. In the right hands, they're nigh-unstoppable killing machines, and the Viper's clearly better than the Havoc. If Bell WOULDN't want that image to be propagated, maybe DICE's should nerf the hell out of the Viper in spite.
                  He was told that he should not kill, and he did not kill, until he got into the Army. Then he was told to kill, and he killed.

                  Comment


                  • #10
                    Re: EA Sued by Helicopter Maker for Depiction of Aircraft in Battlefield 3

                    well, I guess we see why they make games for all 3 platforms now. To cover court costs.
                    "Everyone makes fun of us rednecks with our big trucks and all our guns........until the zombie apocalypse"

                    Comment


                    • #11
                      Re: EA Sued by Helicopter Maker for Depiction of Aircraft in Battlefield 3

                      I think that's a pretty quick way to a libel suit...

                      Anyway, I would think BF3's helos are a damned good advertisement the same way Rambo was a great advertisement for the M60 and Dirty Harry was a great advertisement for .44 magnums. In the right hands, they're nigh-unstoppable killing machines, and the Viper's clearly better than the Havoc. If Bell WOULDN't want that image to be propagated, maybe DICE's should nerf the hell out of the Viper in spite.
                      And how the Stargate series(es), well SG-1 and Atlantis at least, were great advertisement for the FN P90. See below. ;)

                      Comment


                      • #12
                        Re: EA Sued by Helicopter Maker for Depiction of Aircraft in Battlefield 3

                        "I think that's a pretty quick way to a libel suit..."

                        A libel suit? How so? The context is clearly one of fiction.




                        Who needs a life when you can have a heavy bolter?
                        --BlackMirror
                        <23:03:38> "|TG|Smachin<BF Admin>" was kicked from the server by "|TG-70th| Zhohar" (UNDERAGE ban.)
                        Anything over $600, and it would be pointless to try and reason with Grandma
                        --Blackraven93

                        Comment


                        • #13
                          Re: EA Sued by Helicopter Maker for Depiction of Aircraft in Battlefield 3

                          Government owned military vehicles? Im thinking they're probably safe.

                          Comment

                          Connect

                          Collapse

                          TeamSpeak 3 Server

                          Collapse

                          Advertisement

                          Collapse

                          Twitter Feed

                          Collapse

                          Working...
                          X