"Illegality" of games representing US hardware is challenged

[MACADEMIC]

Originally Posted by Scarecrow

It would great to see them win. What might be sticking point for flight sims is that EA are arguing that the inclusion of the chopper isn't a main selling point of the game just a prop, pardon the pun, in the larger scenario. But in a flight sim the aircraft included will be a fundamental selling point, I fear this may still be a problem for flight sims. Definately interested to see who wins.

Good point, but I'm wondering if the same could be stopping a filmmaker or book author from making a film or writing a book in which an aircraft type (e.g. a Grumman) plays an essential role, without obtaining explicit permission to do so. According to the Supreme Court Ruling of last June, Video games are now in the same category of free expression. Not being a trademark lawyer, but I'd say that would tip things in the favour of video game makers, including flight sims (hopefully).