The closed talks have broken down with no agreement, and so EA has submitted action to the Northern Californian federal court. All’s fair in war, including the ”doctrine of nominative fair use.”
Textron want the AH-1Z Viper, UH-1Y and V-22 Osprey removed from DICE’s Battlefield 3. EA fire back saying it’s ”protected by the First Amendment” in their court documents.
The publisher goes on to add that the ”Bell-manufactured helicopters are not highlighted or given greater prominence than any of the other vehicles within the game.” It’s part of the experience of modern warfare, argues EA. ”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.”
EA’s case put to the Northern Californian federal court is given weight thanks to the recent ruling that video games are given the same First Amendment protections as film and literature. Personally I don’t care if the helicopters got pulled because I can’t fly the damn things, but don’t you touch my fighter jets!
Are you still driving, flying and shooting in Battlefield 3, video gamer?
