EA Invokes First Amendment Over Battlefield 3 Helicopter Use

by Matthew Kato on Jan 09, 2012 at 04:50 AM

Battlefield 3 publisher EA has launched a preemptive legal strike as it prepares for a lawsuit over its use of helicopters in the game.

According to court documents obtained by Kotaku, Electronic Arts and Bell Helicopter parent company Textron have been negotiating over Battlefield 3 use of three Bell helicopters, which Textron says is without permission. In the documents EA says that talks between the two have broken down, and the company expects a lawsuit.

In preparation, EA has asked a federal judge to rule that EA's use of the military equipment is protected by the First Amendment and fair usage. EA has previously used this defense successfully in last year's likeness lawsuit brought by former Rutgers QB Ryan Hart.

Here's hoping that EA wins and every military game doesn't have to license every single bullet casing, rifle, and mortar shell.