EA Fights Bell Helicopters In Court

Preempting an eminent lawsuit, Electronic Arts has issued an action asking for First Amendment protection for its use of real world military vehicles in Battlefield 3.

EA was contacted on December 21st, 2011 by lawyers representing Textron, a US conglomerate that owns the military hardware company Bell Helicopter. The lawyers explained that 3 of the helicopters models used in Battlefield 3 depict Bell-owned ones and demanded compensation.

EA negotiated with them, but - according to the action's documents - "the parties have been unable to resolve their dispute. EA therefore has a reasonable and strong apprehension that it will soon face a trademark and/or trade dress action from Textron."

EA is building its defense on the claim that the use of the AH-1Z Viper, UH-1Y and V-22 Osprey helicopters is, "protected by the First Amendment and the doctrine of nominative fair use," noting 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."

In June 2011 the US Supreme Court voted 7-to-2, guaranteeing games the same First Amendment protection as film and literature. Following that, a lawsuit filed by Rutgers University over the use of quarterback Ryan Hart's likeness was dismissed from court after the judge ruled that EA's First Amendment rights outweighed Hart's rights to control his own image.

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Are you shitting me. ftw.

So give em the freakin piece of shit chopper back and see if the community can come up with a better creation a Mod for something special that will actually fly as intended, n not like a freakin flying barn door.

willing to bet the Modding community could actually teach these smart ass profit mongers, a thing or 2 :-) lol.

Oh and say a prayer for any poor sucker who actually Does have to fly 1 of these in the real world if the modeling for animation is in any way similiar, cos it sucks big time. and I really would like to see a real 1 self repair in battle, > now that would be worth something.

Lest we forget.
If this suit is a success, then any other person or company ETC, who feels the same about any ingame reference, can follow suit, such as the manafacturer of the Stinger Missile, the list is endless, not only in this game but in previouse games also. Then you could say Gbye to any fps thats not completely created on the table.

I wonder if their year end profits are decreasing over previouse performance ? so ok lets get sum back from EA!

Holy $hit

Law is Law

If you can sue your own mother just because "she is your mother" and your country Laws permit and sustain that you have the rights to do so... that's the law

You can always change country or try your best with a good number of people that think the same as you do and go change the laws

Screw these fucking Laws and screw the countries that make money value so much e.g. almost the damn whole modernized/socialized/industrialized/commercialized world as it is today

We are all just going underwater with a load of $hit over our heads

Good people get sued for using the word scroll

Bad people get out of prisons every fucking day

And corrupted bureaucrats rules over us all

Let's hope that THIS world ends December 2012

We can only start over and do better than this

lol i got happy blessings as captcha, well

Welcome to 2012

should have gone with steam

It is so obvious, if they had released Battlefield 3 on steam this would not have happened. Some people from Textron probably had steam a long time ago playing HL2 and then where excited for BF3 and then they start origin only. So they got pissed and figured out a way to get back at EA. YAY

Just a guess, I might be off... LoL

Bell modeling

The lawsuit filed makes sense. Models found and made by your hands with plastic pieces is much different than the plastic pieces on a keyboard and controlling movements within a screen.

There is a large difference--the first amendment rights for use has to be fair meaning a model or scale is fair use since it does not carry distance in function. Animation is another example of fair use.

The problem here is EA is saying they have fair use and this in reference is a perversion.

Individuals do not decide fair use?
This then filters to opinions whether the game is a simulation or animation--from the Textron side the argument is obvious that no one replicates the exact animation in a non-simulated fps combat game--any public game.

EA would then have to prove the movements in-game are not similar to the actual helicopter animation in fabricating the bell choppers in lawsuit.

In summary the game is not a necessity and the emphasis the game says they have is combat simulator-- There is not much common sense to the EA argument since they would have won in saying FPS shooter yet the quotes mention "combat simulation" they should not win this lawsuit.

WTF are you talking about?

It's just a fucking video game!!! How the fuck do judges tolerate the corporate mongoloid greediness that the USA is so well known for? It's just a stupid fucking video game. There are no Bell products used in the game, because it's a fucking video game. EA sucks donkey balls much of the time but not on this one. There has been no loss to Textron through the making of this game. No damage done to their company, they aren't even the same industry in any way, shape or form & even if they were, tough shit. Even if EA depicts a Bell whatever the fuck it is helicopter as the shittiest one in the game, it's just a game. It's not a Bell helicopter, it's some pixels on a computer screen. I could draw a picture of a square on a piece of paper & call it a Bell helicopter & write on it something that most literate people could read as "THIS IS A BELL HELICOPTER AND IT SUCKS". Then I could use my computer to make any number of copies of it & sell it, or give it away for free. It's not a Bell helicopter, it's a fucking piece of paper!!! If I made an exact replica of a Bell helicopter & sold it for twice the asking price of one of theirs, using one of theirs to copy, too fucking bad. As long as no property is stolen, no physical loss is sustained then quit your fucking whining you greedy fucking cry babies! Bethesda thinks they own words in the english language. If I wanna make a game called "The Elder Scrolls IV: Oblivion" with exactly the same code as their game, and distribute it using my own methods for half the price, tough shit! You have B-movies being released before the Hollywood blockbusters (like War of the Worlds) with the same titles, and the same stories, to capitalize on the popularity of the Hollywood version. Made by a different company, using different resources. It happens all the time. I've accidentally rented a
B-movie thinking it was a the Hollywood theatrical version. Just because you undertake something doesn't mean you have any right to tell other people what to do if they're not hurting you. If I wanna copy a game & sell it to 1000 people at half the cost of the original, as long as I disclose that it did not come from the same source, that I made the copies, that should be my business and my right, legal or not. All 3 Transformers movies were basically ad campaigns for that stupid greedy junk factory known as General Motors. Did Ford sue Michael Bay for using a Mustang to depict a Decepticon? Should Ford have the right? No. It's more exposure & advertising for Ford. The only bad publicity is no publicity, so they say. If you're made out as the bad guy, the bad guys like you, good guy, good guys like you. When EA makes an NFS title, it is ridiculous that every game has to boderline suck ass just because they have to hand over money to a bunch of stupid car companies. The cars in GTA, look just as good, and some of them are pretty obvious "knock-offs". Like the Cheetah in GTA 3 is really a Ferrari Testarosa. Well the cars in NFS are no different. They're just computer fucking drawings!!! They're just lights lighting up on a screen. I'm so sick of hearing about & reading about all the corporate belly aching bullshit. Textron is wrong, period. Textron will not lose anything as a result of what EA did within EA's business. Textron will not even "fail to gain" anything as a result of EA's endeavors. Failing to gain, is not the same as a loss. No damage has been done to Textron's property. If EA stole a helicopter from them, or flew one into their factory, then damage is done. If Apple builds a better OS than MS does, even using ideas they got from MS, tough shit. Microsoft may fail to gain anything as a result, but they have not lost anything. If Textron loses some amount of business that they didn't have in the first place then they didn't really lose anything at all. If I wanted to buy a car and I talked to a salesperson & took it for a test drive and then went to the bank to get the money & someone else came in and bought it before I got back, tough shit for me. I didn't lose, because I did not have, in the first place.

Textron, Bethesda, all the morons that would sue a restaurant for serving food that is hot because you're too stupid not to burn yourself on it, I would like to say that you all, each and every one of you, should eat some fucking lead.

Speaking of eating lead, How many Textron products are used in 3rd world invasions? Does it matter? It matters more than what EA puts in some stupid video game and that is not an opinion, that is a fact. Manipulate the man made laws of the land however you want to fill your wallets & live the high life that you probably don't deserve but right is right & wrong is wrong. You are wrong Textron, and you should be thankful for what you do have, instead of complaining about what you don't, because you've got it better than most.

Fuck reading all of that

What I can gather from your wall of text is that you don't agree with copyright laws.

While you may have an admirable moral standpoint on the issue, you have to realise who it is you're defending in this case - if the roles were reversed and EA were the company making real world products that are being emulated in simulations or games then you can bet your arse they would have taken all and sundry to court long ago - it's just the way they are.

While I may agree with some of your points, I dislike EA enough to hope they get raped on this one.

by your logic the us army

by your logic the us army should sue ea then.... just letting you know thats what your effectivly getting at... in the end all these frivilus lawsuits are FUCKING RETARDED.. also if ea loses this we could see the end of any real world names/modles/anything being used in video games with out having to pay for the rights first off..

lol, so dumb.

Poet
Censorship reflects society's lack of confidence in itself.It is a hallmark of an authoritarian regime.

==“All greatness of character is dependent on individuality. The man who has no other existence than that which he partakes in common with all around him, will never have any other than an existence of mediocrity.”

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