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EA Battlefield 3 Helicopters and First Amendment

219301-header Helicopter from Battlefield 3 

Looks like there may be legalities to protect bringing video game players realistic helicopters for war fighting action.  Especially if the manufacturer's name is prominent on the helicopters. 

When talks broke down between Textron, the parent company of the Bell helicopters, EA proceeded to file a motion in a California court. 

The motion cites first amendment rights to use the actual name of the helicopters in the popular Battlefield 3 video game as a way of artistic expression.

Here is another helicopter from Battlefield 3.

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Another helicopter is below.

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The specific names of helicopters in the lawsuit are the Bell AH-1Z Viper Attack helicopter, the Bell UH-1Y Venom (Super Huey) helicopter, and the V-22 Osprey transport aircraft.

If this case pans out like a similar case, EA will come out on the winning side.

A similar suit was for EA's use of the name "Derringer" in its Godfather video game.  The court ruled that creative expression trumped over trademark. 

In yet another case, EA won the right to use the likeness of a football player in one of its other video games.

The inclusion of real names on helicopters lends more realism to a video game that has quite realistic game play. EA made a point that the helicopters are not given special video treatment, and is just part of the game. There is also a disclaimer regarding use of the manufacturer's name.

The suit was recently filed, so it's pending if EA's lawsuit will prevail or be overturned.

In the meantime, enjoy playing Battlefield 3, with the real-life named helicopters and all. 

 

Copyright by Moms Minute 2012. All rights reserved.

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