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Their "need" was due to games not accepting the usual inputs for use with head pose.
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Actually, I think that this is the key to the entire issue. Unless somebody can explain why there is a specific reason why a device which detects the position of somebody's head is fundamentally different from any other input device, there is no reason to accept that a particular manufacturer has a monopoly on such devices. Where there are specific breaches of copyright on software, that is an issue for the parties concerned, rather than third parties like games manufacturers. All they need do is to provide a generic interface, or comply with an existing one. In the case of IL-2, i see no particular reason why the existing joystick API wouldn't have been adequate, given the support for multiple devices. There is also the DeviceLink interface, which is more than adequate for stock 2DoF, and would need only limited expansion to support 6DoF. Producing software to interface with this isn't likely to be a major challenge.