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Textron, the parent company of Bell Helicopter, hit EA with a trademark dispute over the company's use of three different helicopter designs in Battlefield 3 without permission. In return, EA struck with a pre-emptive lawsuit against Textron claiming that the use of the helicopters is protected under the "First Amendment and the doctrine of nominative fair use."
This early strike from EA comes after talks between the two companies came to a halt over EA's use of the AH-1Z Viper, UH-1Y, and the V-22 Osprey. EA's pre-emptive actions are uncommon for the company but may have been prompted by last year's Supreme Court ruling that video games have the same protections of free speech that books, film, and music all have.
The reason why vehicles such as the helicopters don't have to be licensed in the same way that cars in Need for Speed do is because the vehicles in Battlefield 3 are not necessary for gameplay purposes. EA won a similar case late last year when they won a case in which a "recognizable, if unnamed, depiction of a real college quarterback" was used without the permission of the player in question. This case won under the ruling stating that EA's depiction was within the boundaries of free expression for a video game.
This early strike from EA comes after talks between the two companies came to a halt over EA's use of the AH-1Z Viper, UH-1Y, and the V-22 Osprey. EA's pre-emptive actions are uncommon for the company but may have been prompted by last year's Supreme Court ruling that video games have the same protections of free speech that books, film, and music all have.
Electronic Arts asserts that its depiction of the three aircraft "are protected by the First Amendment and the doctrine of nominative fair use." EA notes that Battlefield 3's packaging features a disclaimer stating that the appearance of real-world weapons and vehicles does not constitute any official endorsement by their maker. It adds that "the Bell-manufactured helicopters are not highlighted or given greater prominence than any of the other vehicles within the game."
"The Bell-manufactured helicopters depicted in Battlefield 3 are just a few of countless creative visual, audio, plot and programming elements that make up EA's expressive work, a first-person military combat simulation," says the suit.
"The Bell-manufactured helicopters depicted in Battlefield 3 are just a few of countless creative visual, audio, plot and programming elements that make up EA's expressive work, a first-person military combat simulation," says the suit.
The reason why vehicles such as the helicopters don't have to be licensed in the same way that cars in Need for Speed do is because the vehicles in Battlefield 3 are not necessary for gameplay purposes. EA won a similar case late last year when they won a case in which a "recognizable, if unnamed, depiction of a real college quarterback" was used without the permission of the player in question. This case won under the ruling stating that EA's depiction was within the boundaries of free expression for a video game.
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