Activision says Humvee lawsuit over vehicle trademark is an ‘attack’ on First Amendment rights

charlieintel.com/activision-responds-to-lawsuit-over-using-humvees-in-call-of-duty-without-permission/54644/

>Back in 2017, the makers of Humvee military vehicles sued Activision Publishing for using Humvees in Call of Duty titles without permission of Humvee. The makers of Humvee were seeking millions in missed revenue opportunities from Activision not getting permission to use Humvee in their titles.

>“This case is nothing less than a direct attack on the First Amendment right to produce creative works that realistically depict contemporary warfare,” opens a summary judgment motion filed by Activision. “AM General LLC, a government contractor that manufactured military ‘HMMWV’ (or ‘Humvee’) vehicles for the U.S. military, seeks to use trademark law to control the mere depiction of those vehicles in Defendants’ fictional Call of Duty video games. The use of purported trademark rights to restrict the content of expressive works is dangerous under any circumstance. But the claims in this case are particularly egregious because they involve a U.S. military vehicle paid for by American taxpayers and deployed in every significant military conflict for the past three decades.”

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It's like using a ford truck without asking for permission

Why do Hollywood films not have to ask permission?

When other devs do it, it's IP theft. When they do it, it's an attack on their "art". Pay up.

This is a joke, right?
Films pay MASSIVE licensing fees for brands and occasionally the reverse is true when a film agrees to use a specific brand for the majority of the film.

They don't ask, the motor companies do. It's called product placement

Because brands pay to be in movies?

What is product placement

Don't give a fuck about Activision but I want my humvees in Squad back

Fuck Acti. I hope they are forced to pay out the fucking ass.

In their corporate greed, Activision comes ever so close to destroying corporate greed.
It is ironic that the greatest villain's actions will cause not only it's own downfall but will bring all the other villains down with them, And for this they may end up remembered as a hero.
What a timeline.

Where's the freeze peach crowd on this? All I'm hearing are crickets chirping from them

Activision are the anti-hero, not villain. The villains are EA, Sony and CDPR

So why isn't different in games? Shouldn't AM General LLC be thanking Activision for millions in free advertising?

>Activision isn't the villain
>Gets people to work for them and then fires them and steals their intellectual property so they don't have to pay them
???

They do ask and it's part of a business transaction. Kotick didn't do that here, he will now get fucked under the same laws he uses to go after pirates. Good fucking riddance.

Activision kept the scum of the vidya community locked under CoD for an entire decade. They're also unapologetic towards both SJW and alt-right scum. Yea they'll do some fucked up shit now and then, that's what an anti-hero is

AM General will lose. AM General does its best to make it illegal to depict historical events accurately simply because their product happened to be there. That won't stand in court.

The government isn't involved, so it's not a free speech issue.

>The government isn't involved
You're kidding right. The vehicle wouldn't exist without the government having ordered and paid for it in the first place.

>call of duty mw
>historical events
wat

Whole military copyright thing ruined mgs v and arma 3 for me, I wish it never happened.

An anti hero is a scumbag company?

They most likely already pay for the rights to use guns names and looks, they needed to not use the name Humvee and have some minor cosmetic changes to not get sued.

Seems fair, you even need to pay for the rights of weapon designs.

Fuck activision

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>An antihero or antiheroine is a main character in a story who lacks conventional heroic qualities and attributes such as idealism, courage and morality.

It however not the government limiting them, copyright laws are civil.
Free speech only applies when the government is trying to stop you.

Call of Duty isn't a historical depiction for educational purposes though, it's not even a serious attempt at a military simulator. It's a recreational, entertainment action video game. They have no standing unless they want to >imply that pirating a vehicle's model for the purposes of entertainment is ok, which would undermine his company's ability to harass pirates that do the same thing with their software.

In the same way game companies need Colt's permission to use the M4A1 in their games but not for the M-16 since (the original) Armalite no longer exists and not for the M-14 since it was made/built by the government at Springfield Armory. Same reason why GTA doesn't need permission to use Mac-10 branding since MAC no longer exists, but they need IWI's permission for the Uzi because they own the license. It's also why Russian guns are so prevalent because they were never patented because of communism.

But it's painfully obvious that they're hold no redeemable qualities and will break the law to make money. That's not an anti hero you stupid nigger

Anyone who takes money from activision is doing good.

CoD 4 was literally marketed as the "most realistic WW3 scenario ever"

Activision kept the scum of the vidya community locked under CoD for an entire decade. They're also unapologetic towards both SJW and alt-right scum. Yea they'll do some fucked up shit now and then, that's what an anti-hero is

Please tell me you didn't just try to make an argument for COD being a "historical depiction" on the basis of a marketing tag line for a war that hasn't even occurred.

>anti heroes are villains
stupid nigger

Vegeta

Activision is not the villain, though, that's EA, Sony and CDPR, Activision is the anti-hero

>It's a recreational, entertainment action video game.
It's Atlantic Council agitprop designed to prep young men to enlist for an impending US 'intervention' in Syria. Have fun tossing your lives away to help Al Qaeda, kids!

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>You can't criticize a game on the basis of realism because I said so even though that's their sales pitch
Nigger

Activision is a nigger

Are you mentally impaired?

Are you a nigger?

>company goes out of their way with gun manufacturers
They set themselves up to be unable to challenge this.

Yeah and they make great anti-heroes :)

and WW3 hasn't happened yet, so it's neither historical nor nonfiction. And since it's in the future, it's lite sci-fi as well. A science-fiction action game is not historical entertainment. To make my point clearer: if gameplay of Co4 was streamed on broadcast TV I'd be given an MA rating and wouldn't count as educational programming because it lacks any features someone would expect in educational TV (namely, education about military tactics, history, or strategy. Since Co4's main gameplay is shooting ragheads from the hip, which is not how real combat is done, it's not educational).

My point is that this line of thought doesn't work. It's easier to justify the Humvee as part of the common vernacular to the point where it should be in the public domain, but nope can't happen because AM General and GM does a good job of ensuring anyone who uses Hummers or Humvees in games or movies pays them royalties. There's a reason why the Battlfield games use slightly off-brand vehicles, because otherwise they'd have to pay licenses.

enjoy dying for israel

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>CDPR
How so?

I'm rooting for Activision solely on that if they win this, it'll be precedent for all kinds of weapons used in real conflicts to be present on vidya without having to deal with licenses

No? Why are you so butthurt that people are disagreeing with you anyway?

And I mean it, do you have some sort of serious mental impairment? Or are you 16? There is nothing realistic about call of duty and nobody cares what some marketing line says

ALSO BTW activision is the anti-hero not villain :)

>"The makers of Humvee were seeking millions in missed revenue opportunities"
Yeah because call of duty players are interested in owning a fucking military vehicle. God what a bunch of fucktards.

Realistic (except literally not) portrayal of of a war that didn't happen in 2011.

same thing.

that's about as retarded as claiming MW1 is propaganda to get people to enlist during the Surge, ffs the writing isn't that good in either game and it's clearly written by people who have only the barest, simpliest clue of politics which is totally expected of a series like CoD

by the way the US has already intervened in syria, Trump made a big deal about it and everyone has moved onto Iran anyway (which wasn't ever mentioned in CoD, because it would actually get people mad and execs are afraid Iran would attack them somehow)

gamers (read: children) can't afford cars

Doesn't the US Military let people use their stuff for free as long as they are portrayed in a positive light?

They're basically like one of those anime characters that you think is a good boi but then turns out pure evil.

They replaced entire development teams, lied about downgrades, lied about what W3 is supposed to be, sucked up to journalists and casuals because they love cinematic open world checklists etc

They'll play ''we wuz gud boiz'' card with ''''''''''''free''''''''''''' DLC that is basically an item removed from the game before it going gold (if such a term even applies to modern development anymore) to trick idiots into thinking they're good, but they're pure evil, the EE EA

They will lose because alone. They've proven that they understand and agree to such arrangements.

Pretty much this. Humvee corp sounds like a bunch of bitches.
What’s next, is fucking Ford 15th going to sur for people using vehicles in their media?

Never followed them that closely so I guess they got me, I actually do at least recall seeing threads here about the W3 downgrade so fair enough.

yes. Media pay licensing fees for any vehicle currently in production.

>russian guns
>never patented
Their shit was absolutely patented nigger. Just lots of people didn't give a fuck and made unauthorized copies.
I'm no expect on Russian law, so I cant' exactly sayhow they treat depictions of guns and other stuff in Media, but GSC sure as fuck didn't use the real names of most Russian weapons in S.T.A.L.K.E.R.

It's not the downgrade itself, it's insisting that the game wasn't downgraded until the day it releases. It also went through 2 downgrade phases, a pure marketing CGI build, and a functional build with M-U-C-H better lightning that was likely downgraded on the basis of console parity (and unlike Ubishit, they didn't even bother leaving the code in the game so someone can restore it)

Worst part is they used that village on fire sequence for marketing very often, and that fucking part isn't even in the fucking game for fucks sake

Ford does all the time. If you take a video of your car and broadcast it on TV without Ford's permission as part of paid commercial programming they'll get pissed. Same if you use a Ford somewhere in a monetized Youtube video, ContentID will pick up the logo and give Ford all the ad money.

How old are you? This is like 2010 era stuff. Car companies are especially sensitive about these sorts of things, for example GM gets REALLY pissy if you upload a BeamNG vehicle of one of their cars being smashed up onto Youtube. Same if you upload a video of any of their offically licensed games without their consent. Which is exactly why GTA doesn't use branded vehicles and never has while FFXII doesn't allow vehicles to crash into each other (which is how they got their Mercedes deal).

>We shouldn't have to pay you to use your product in our game because its the military!
Does that apply with ford as well because my command just got a fleet of 2019 f250s.

>To enhance the realistic feel of the game, the development team attended a live-fire exercise at Marine Corps Air Ground Combat Center Twentynine Palms, a training facility in the California desert. This helped the developers to simulate the effects of being near an Abrams tank when it fires. The team also talked with U.S. Marines who were recently in combat to get a feel for the background, emotions, and attitude of Marines in combat. Veterans were also recruited to supervise motion capture sessions and the artificial intelligence design of the game.

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Exept Humvees aren't really sold on the general market outside of old surplus vehicles so they gain nothing from their IP being used in a video game. and coming from someone who drives the damn things, those death traps wouldn't be worth buying anyways
Is it petty? Yes
Do I feel bad for Activision? No its about time these scummy game companies were on the receiving end of the shit.

the MRAPs are superior.

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There's no US patent for an AK-47 or SVD because both were created in a country that did not believe in patent laws.

>but GSC sure as fuck didn't use the real names of most Russian weapons in S.T.A.L.K.E.R.

yeah because it's modern post-94 Russian guns, which the majority aren't. At least not the ones Americans are exposed to (again AK-47s)

Russia has laws?

lmao
They either pay out the ass to get the hardware or they suck the military's dick so they'll throw it in for (mostly) free.
Pay attention to which movies have long shots of the military doing military and which ones don't, you'll see a trend pretty quick.

>The Soviet Union paid little attention to copyright laws, easily handing out arms production licenses to its satellites in eastern Europe and elsewhere. The Cold War-era production licenses have long-since expired, but production has continued.

>It wasn't until 1997 that the Izhmash factory in the Ural Mountains city of Izhevsk, which makes Kalashnikovs, secured a state patent for the weapon and began pressing foreign manufacturers to respect its copyright.

but they only depicted Humvees of the United States forces? Literally equipment the people of america paid for

you can't use F-16s in commercial works without Lockheed's blessing and paying them a bunch of royalties. Same for everything else, it only matters if the US government built it themselves like they did with the Space Shuttle. This is also why public domain models of rockets are SLS which is public domain but not SpaceX's rockets which are all proprietary and thus subject to copyright takedowns.

They don't hand it out to just everyone who asks but yeah you can borrow equipment from them from time to time.

Haven't Activision thrown bitchfits over copyright against consumers before? This is kinda a taste of their own medicine.

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One day you will realise you are not only retarded but also gay.

At least I'm not a nigger

US military allows you to film tanks, helicopters and even carriers as long as you show them in positive way.

>THE JEWS WANT TO TRICK US INTO HATING MUSLIMS!
Genuinely what is up with /pol/?

How did Generation Kill succeed? They had tons of portrayed gear AND portrayed the army as a bunch of retards simultaneously

50% of /pol/ are self-learning bots trying to communicate so they swing general opinion around wildly

I hate to admit it but I hope Activision wins even though it'll probably just be a settlement or some shit. I'd like to see trademark laws be more relaxed to comes to media and not have fake names for every obvious portrayal or something. I think legally you're allowed to mention a brand name product in a story so long as you're not defaming it or something.

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So...wouldn't this be bad for making games based on reality? Or anything even?

It was a different time

Then why do they even care? Is it just a cash grab?

Very ironic coming from a leftist

EA made a big deal about no longer buying a license to depict guns and they've certainly gotten away with it. Only games that pay for car rights are racing games because the brands are completely central to the game.

Good. I hope they take millions out of those greedy fucking shits.

Studios should just move to slav cunts, Tarkov gets away with brandname guns an accessories.

don't

>americans and their two sided politics
stupid mong. anyway how do you explain that shit? bots are common even on slow boards and self-learning AI is a huge business nowadays

it makes perfect sense, you fucktard slaves

>Is it just a cash grab?

Yes.

t. botbot

no

A very similar situation happened a couple years ago when a helicopter manufacturer sued EA for portraying one of their models in BF4, the whole thing was settled behind closed doors. The same is probably going to happen now with Activision.

Because they are using actual, physical, made by the company vehicles.

This is a fictional model created by a graphics artist based on the real vehicle and shouldn't be subject to copyright. If this goes through then every military game is going to get reamed hard by every defense contractor corporation for their firearm, vehicle, tactical garment, tank, helicopter, gadget, optic, suppressor design, what have you.

Hypocritical for Activision to defend themselves on this stance then go after others the way they do, but they have the right of it in this single case.

Also, if they win they have 0 legs to stand on when they send out DMCA claims in the future, so it's a win win for us.

>If this goes through then every military game is going to get reamed hard by every defense contractor corporation for their firearm, vehicle, tactical garment, tank, helicopter, gadget, optic, suppressor design, what have you.
They already are. Why do you think Arma 3 went with futuristic bullshit instead of vehicles people actually want?
Look at Squad too, they had to take Humvees out of because this bullshit.
It's not new and it fucking sucks and it seems nothing will change because

whoever loses I win

yes it does you jidf kikes. turdrael instrumantelises the west to hate goat fucking muslim sandniggers so the west will wage war against those goat fuckers. in return shitrael benefits from it because it keeps the muzzies away from their god forsaken and damned shithole (the enemy of my enemy is my friend - except not because it's all kike shenanigans)
without the worldwide notion of muslim goatfuckers being the ebil enemy your shitrael would cease to exist within a week because no country on this planet would give a single fuck.

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It's going to be a foothold that will propel other lawsuits forward. Only the Humveee guys are ass blasted over it, but if they actually find traction the rest of the jews will crawl out of the wood work to try and suck up every cent for every facsimile. Right now they use fake names, but it's still extremely obvious what the Maverick-4 and Block-17 are and they'll be coming for them eventually.

If I can paint a picture of a Humvee and legally sell that picture without getting sued, then Actiniggers should be able to do the same for their video game.

Muzzie shill forgot about the nukes. Are you working for Iranians?

I am siding with Activision on this one. The Trucks were designed and paid for with American Tax dollars. As far as I am concerned AM General LLC does not own the rights to the Humvee.

they do, the pentagon has an entire department dedicated to licensing out military equipment for use in movies, provided that they also get to have a hand in editing the script.

HBO spends a shitload of money to make kino. It's a part of their brand.

>muzzie shill
you just went full retard you inbred kike

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Despite the absolute hate video game companies get, mostly justifiably so, I think they're in the right with this case.

>Posts retarded conspiracy pic
>Says someone else went full retard
What dog currency do they pay you in to post this drivel?

>not realizing the majority of films are drawn out commercials
I wish I was this naive.

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I'm pretty sure you can't sue artists for drawing humvees or animators for portraying them in animation. Which is exactly what is happening here.

I can see why you're not a lawyer.

Thankfully gun manufacturers haven't started demanding licenses for using gun designs in games yet like car companies have. Games companies get away with just using a fake gun name at the moment.

activision fucked themselves
they won't win this

>C-CONSPIRACY THEORY!
you can read all of this up. the information is freely available to anyone who is interested and has been printed in newspapers and reported in news you inbred jidf kike

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>yeah because it's modern post-94 Russian guns
I don't think there was a single post soviet gun in the game. Not a post soviet Russian gun at least, I could be wrong though.

Anyway, their patent laws were different, mostly they were considered to be state property and whatnot, but they existed. But this isn't really about patents anyway. I'm pretty sure artistic depiction is covered under copyright and/or trademark law, not patent law. I don't think soviet copyright law included things like depictions of weapons. so the actual gun models should be public domain. On the other hand, the names for AK rifles at least were apparently trademarked a few years ago in Russia.

Trademark and licensing shouldn't be this powerful.

>because they involve a U.S. military vehicle paid for by American taxpayers and deployed in every significant military conflict for the past three decades.”


Damn how could they even recover from this?

this
of course, it’s just fun style

No the censorship that sony is forcing on japan is an attack on free speech.
that is just companies protecting their trade mark

IIRC it is because there is precedent for movies that says exactly what Activision demands for games: that you have the right to depict warfare using actual brands and designs in your movie. The precedent does not exist for games yet so most companies just rename/remodel their weapons to avoid a case even if they'd logically win.

learn the difference between the concept of free speech and the first amendment

Copyright law is dumb and gay, and the bootlickers who defend stuff like this are even gayer.