I'm glad to hear that legal opinion is turning against "copyright trolls" like Bell and possibly Northrop-Grumman. BUT:
1) The issue hasn't been fully decided yet. If it goes to the U.S. Supreme Court, there's every chance, given its recent history, that the court will decide in favor of the corporations and and against free speech.
UNTIL THE ISSUE IS CLEARLY DECIDED AND TD GETS OFFICIAL OK FROM 1C/UBISOFT TO DO DIFFERENTLY, THEY HAVE TO ABIDE BY THEIR CURRENT CONTRACT.
2) As regards the IL2 franchise, IT DOESN'T MATTER. 1C/UBISOFT SIGNED A CONSENT DECREE WITH NORTHROP-GRUMMAN. Different area of law entirely.
Subsequent legal precedents don't matter; 1C/Ubisoft is prohibited from adding Northrop-Grumman content, or any other content specified by the consent decree, to the game.
Only law which nullifies the consent decree will change things for certain.
Possibly, selling the IL2 franchise to a new owner, with a contract that doesn't oblige the new seller to abide by the NG consent decree might allow the new owner to add Northrop-Grumman content, but that depends on the exact wording of the consent decree. 1c/Ubisoft might be prohibited from selling without forcing the buyer to also accept the consent decree.
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