I agree to a certain extent with the sentiments of the OP (not the law suit part).
They should have a Spit Mk Ia and a Hurricane Mk I in the game to be adversaries of the Bf-109E. And likewise, the Germans should have at least a 109E-4 since that variant was in use with the Luftwaffe at the beginning of the BoB. Also, and I think I've said this before - I know others have - but, performance of the German aircraft seems to be lacking versus the Allied aircraft. From what I know, the Spit and 109 were relatively comparable in most respects, the 109 having the climb rate advantage and the Spit having the leg-up on speed. Hurricanes should be able to out-turn 109s. It should be more of a toss-up with the 109 and Spit. Also, the negative-g cutout on the Merlins of the early Spits and Hurricanes doesn't come into play in the game, as it stands - leaving a primary tactic of Luftwaffe pilots unable to be exploited.
With that said, I find life in the E-3 okay. It could be better, but it ain't bad. In fact I think it has a bit of an advantage against late-war planes, if you can keep your six clear. You're much slower, so people tend to overshoot. You have a competitive roll rate. In some matches, people tend to ignore you and go for the "more dangerous" opponents (G-6, Spit IX, etc.), until they get a wing blown off by your cannons.
For the time being, us 109 pilots will have to soldier on with the gear we've got. All we really need is for the flaps to work in realistic - that'd even the score a bit. And cockpits for better orientation.
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