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Lets just step back and look at exactly what sort of corporation Northrop Grumman is before getting to indignant about this as copyright extortion on WWII games is small fry compared to what else they get up to :
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thats' right there Galway, it (royalties, etc) is extremely small fry by comparison which keeps taking me back to there could well be something more than just (by comparison)a simple copyright issue...
was it really just a US President Bush Sr. protest reaction? |
For anyone that is a bit "iffy" on the copyright laws in the US:
http://www.youtube.com/watch?v=CJn_jC4FNDo Following with that, IMO, game developers would be very well served by getting a judge to rule that games (or sims in particular) are educational. With that precedent in place, problems like this would evaporate, because they would be protected by fair use. |
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quote: "Northrop/Grumman is requiring trademark licensing fees"
As others have pointed out this is a Trademark issue , not IP. If you called it "bob" there is nothing they could do about it. It is not artwork being reproduced. There is absolutely no IP infringement. Just copyright of the tradename. |
What I have always found curious about this suit was their claim on 'all ships built at Hampton Roads Shipyard.' Unlike modern US Naval design and precurement, all US Naval Vessels constructed prior to 1966 were designed by the US Bureau of Ships, a government entity. The naming of the vessel is also a government function.
Either they are not aware of the role of the Bureau of Ships as the persons involved may not have been around in 1966, or they are running a bigger bluff in their shakedown. |
This could probably be resolved for all model companies and software modelers by reviewing the original procurement/production contracts between the 'Department of War' (now Department of Defense) and the contractors. One may find that the work is deemed to be the property of the Department of War and that there would be no intellectual rights retained by the contractor. This would also go with the fact that all product liability issues related to these would assumed by the government. In fact, if I were arguing this with an attorney, I would contend that the fact that the government absolved the contract from any product liability would be further proof that the government assumed all ownership rights under the contracts.
One other US legal concept is precedent. The fact that the contractors were very willing to allow models to be made for 50 years prior to getting greedy. One example I remember from my youth was teh 1/48 B-17G from Monogram, where in the original 1976-7 instruction sheet had a booklet on how Boeing and workers from WWII era voluntarily provided the documents and worked with Monogram to ensure the accuracy of the kit. |
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