"Illegality" of games representing US hardware is challenged

[Feathered_IV]

Interesting read here. Textron lawyers have got dollar signs in their eyes after seeing BF3's sales figures and want to get a slice. But if EA can help overturn the trend for US military hardware manufacturers suing games developers for depicting their products, it could have a positive effect on the future of our hobby too.

http://kotaku.com/5874076/ea-invokes-first-amendment-protection-for-video-games-in-trademark-dispute-with-helicopter-maker

Heck, if they manage it, I'd even buy their silly game to say thanks!

[KeroseneA1]

Very interesting article, thanks!

[JG52Krupi]

The thing I don't get is what legal footing does textron have? It mentions the bill that was passed that allows companies the freedom to replicate etc so how can they do anything!!!??

[Bewolf]

Interesting. That may solve the Grumman problem. Copyright issues have been brought way to far into the extremes lately.

[Scarecrow]

It would great to see them win. What might be sticking point for flight sims is that EA are arguing that the inclusion of the chopper isn't a main selling point of the game just a prop, pardon the pun, in the larger scenario. But in a flight sim the aircraft included will be a fundamental selling point, I fear this may still be a problem for flight sims. Definately interested to see who wins.

[Feathered_IV]

I see what you mean. Hopefully if it came to that again, they could hang on the Il-2 label and argue that the Sturmovik is central to the game and everything else are peripheral additions.

[Sternjaeger II]

that's why it's safer to stick to WW1/WW2, it's very unlikely you're gonna get sued by Messerschmitt AG or Supermarine teehehe

[JG52Krupi]

that's why it's safer to stick to WW1/WW2, it's very unlikely you're gonna get sued by Messerschmitt AG or Supermarine teehehe

Yeah somehow I can't see EADs stooping so low :D

[KG26_Alpha]

Also

http://forum.1cpublishing.eu/showthread.php?t=29003

[Bewolf]

I see what you mean. Hopefully if it came to that again, they could hang on the Il-2 label and argue that the Sturmovik is central to the game and everything else are peripheral additions.

...prime offer to Ilyushin to get their share =)

[MACADEMIC]

It would great to see them win. What might be sticking point for flight sims is that EA are arguing that the inclusion of the chopper isn't a main selling point of the game just a prop, pardon the pun, in the larger scenario. But in a flight sim the aircraft included will be a fundamental selling point, I fear this may still be a problem for flight sims. Definately interested to see who wins.

Good point, but I'm wondering if the same could be stopping a filmmaker or book author from making a film or writing a book in which an aircraft type (e.g. a Grumman) plays an essential role, without obtaining explicit permission to do so. According to the Supreme Court Ruling of last June, Video games are now in the same category of free expression. Not being a trademark lawyer, but I'd say that would tip things in the favour of video game makers, including flight sims (hopefully).

[winny]

Hmm, could mean that they eventually re-classify video games as Art instead of childrens toys... Then we'd get proper luftwaffe markings.
(The main reason we don't in the UK and USA is that you can't have swastikas on toys).

[ElAurens]

The only reason they are not in the US is because of European law.

You can't blame this one on us.

:grin:

[JG52Krupi]

Hmm, could mean that they eventually re-classify video games as Art instead of childrens toys... Then we'd get proper luftwaffe markings.
(The main reason we don't in the UK and USA is that you can't have swastikas on toys).

Well we can get them in the UK!

[winny]

It does seem a bit silly that I can watch Raiders of the lost ark and it's a swastikafest but I can't see the exact same thing in CLoD because it's "A Game"
(when CloD is easily the more accurate history wise)

Hopefully someone will re-look at how video games are classified..

[von Pilsner]

I think the problem with Grumman was more to do with box art and contract negotiations that are still binding. So any precidents set in court would (probably) not help get Grumman into the IL-2 series. Hopefully I am wrong.

http://forum.1cpublishing.eu/showpost.php?p=357349&postcount=9

[ATAG_Doc]

That is the most absurd thing I have ever heard of in my life.

[winny]

Interesting, I wonder if Raiders had to shop the swastikas out in Germany/RU?

In Germany no, because it's a film it's art and it's (the swastika) allowed (except if it 'promotes nazi ideology')

I think the Russian stance may be different.

The same rule applies in the USA and all of the EU countries (AFAIK)

Not many people know that the reason CLoD and video games in general, can't ship with correct markings is a classification problem not a content problem.

It falls foul of a law passed to keep swastikas off childrens toys.

[von Pilsner]

The only place I can find that claim regarding the USA is TVTropes, I suspect it is simply good taste that keeps the symbol off toys here... When I go to the Revel model site I see some model planes featuring the symbol. The site has a separate German section and those planes do not have the symbol... So I think ElAurens is right (it's not our fault!!) :D

The only law I know of in USA is New York (I think) a swastika used as graffiti is a felony.

[winny]

The only place I can find that claim regarding the USA is TVTropes, I suspect it is simply good taste that keeps the symbol off toys here... When I go to the Revel model site I see some model planes featuring the symbol. The site has a separate German section and those planes do not have the symbol... So I think ElAurens is right (it's not our fault!!) :D

The only law I know of in USA is New York (I think) a swastika used as graffiti is a felony.

You're probably right, I was posting from memory. I forget that you guys have the 1st amendment. :)

Edit: so when you buy a scale model 109 in the USA does it come with or without?

[von Pilsner]

I have a 1/48 scale 109 (still in the box) from last year - it has them in the decals.