EA Claims First Amendment Protections For Battlefield 3 Helicopters
Electronic Arts is hoping to heading off a lawsuit o'er Battlefield 3 by claiming a First-year Amendment right to use material-world military aircraft in the game.
Battlefield 3 is based on an only fictitious struggle but information technology does feature numerous real-world elements, including three aircraft that may personify familiar to military aficionados: the Bell AH-1Z Viper aggress helicopter, the Bell UH-1Y Venom [Super Huey] helicopter and the V-22 Osprey transport aircraft. That's on the face of it a trifle of a problem for Textron, the parent company of Bell Chopper, which until lately was in discussions with EA over the unlicensed use of the aircraft in Field of honor 3. When those dialogue skint down, EA filed a gesticulate in the federal court for the Northern Territorial dominion of California seeking a ruling that it has a First Amendment right to use real-life sentence military helicopters in videogames without the maker's permission.
The go is intended to head unsatisfactory the lawsuit that EA apparently sees as inevitable. "The parties have been impotent to resolve their gainsay," it said in its filing. "Ea thus has a reasonable and strong apprehension that it will soon face a trademark and/operating room trade trim action from Textron."
Ea claims that the use of the aircraft is "protected by the Start Amendment and the doctrine of appointed fair use" and points verboten that the publicity specifically states that the presence of real-world hardware does not constitute an official endorsement by the manufacturer.
"Alexander Melville Bell manufactured helicopters are not highlighted operating theater presented greater prominence than any of the other vehicles within the game," the company said. "The Bell-factory-made helicopters represented in Battlefield 3 are exactly a couple of of countless creative visual, audio, plot and programming elements that shuffling up EA's communicative work, a first-someone military combat model."
EA's case is bolstered by the recent Maximal Motor hotel ruling that videogames are entitled to the like First Amendment protections as movies, euphony and books, as well as a September ruling in a similar matter regarding the use of real-world player likenesses in its NCAA Football games.
Source: Kotaku
Source: https://www.escapistmagazine.com/ea-claims-first-amendment-protections-for-battlefield-3-helicopters/
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