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This is the discussion thread for a recent post on GTPlanet:
This article was published by Andrew Evans (@Famine) on September 3rd, 2020 in the Gran Turismo Sport category.
District court Judge George Daniels wrote that Activision’s games passed the “Rogers test,” referring to a 1980s ruling on the use of trademarked names in artistic works. “It was metaphysically possible for [Activision] to have produced video games without the presence of Humvees,” Daniels says. But they increase Call of Duty’s feeling of realism and serve a purpose beyond simply trading on the Humvee brand. “If realism is an artistic goal, then the presence in modern warfare games of vehicles employed by actual militaries undoubtedly furthers that goal.”
Moreover, Call of Duty beats the “Polaroid factors” standards that determine whether a trademark’s use will confuse consumers. “Put simply, [AM General’s] purpose in using its mark is to sell vehicles to militaries, while [Activision’s] purpose is to create realistically simulating modern warfare video games for purchase by consumers.”
“If realism is an artistic goal, then the presence in modern [automobile racing] games of vehicles employed by actual [race teams] undoubtedly furthers that goal.”
“Put simply, [Glickenhaus’s] purpose in using its mark is to sell vehicles to [consumers], while [Polyphony Digital’s] purpose is to create realistically simulating [automobile racing] video games for purchase by consumers.”
Kick up a fuss and moan, and you get more attention. They are saying we value our name more than PD do, implying that they think of themselves, their cars and their brand as valuable, when like I implied earlier, most people would not know about their cars.But I don't see a need to burn professional bridges by openly throwing a monetary tantrum on a social media platform. Not surprised the deal hasn't been made if this is how they also do business.
Their statement comes over as they have been approached, but value themselves/want more money. This statement could come over as 'please have us in your game'.Example of better messaging would be:
"We would love to have our vehicles featured in the next GT game! Hopefully this can come to fruition if and when a licensing deal can be agreed on by both parties!"
Which statement was more likely to get attention like this article do you think! Would there be an article with a statement like you suggest.Same messaging, less damaging delivery. Not so difficult. Instead, their messaging comes off as sour, butt hurt and bitter.
Should PD just make a Fictional hypercar that resembles the shape and color scheme of that particular racecar and squash the spoiled brats
Jim's profile awareness if already quite large; his wealth is from the film industry. His breakthrough into the automotive world came through with a partnership of Ferrari, although Jim was already well known in the exotic community for his collection prior; a P3/4, 412, & MK IV. GT40 are big names on the concours circuit.Mmm, if only there was a way to get your cars seen by millions of people to increase your profile and brand awareness. 💡
They're not pushing devs around. Someone can correct me if I'm wrong but it appears the issue isn't that they feel they should be paid the same as Ferrari, that would be arrogant, the issue seems to be that they want PD to pay them them at least the same that other devs have paid them.Lotus recently said they hope to reappear in Gran Turismo soon. Combined with this news I’m starting to get the impression that PD are tough negotiators. Spa semminly also took a while to secure for GT Sport.
It’s ultimately good when racing game developers don’t let the licensors push them around, because these games are like interactive advertizements. I hope some manufacturers actually recognize this and pay developers to showcase their assets.
Spoiled brats for wanting to get paid what they feel is fair? I must admit I do like the guy but he also irks me too.Should PD just make a Fictional hypercar that resembles the shape and color scheme of that particular racecar and squash the spoiled brats
The two cars that are in AC are great cars to drive.Guess we won't be driving those cars in GT7. And who cares?
We also covered that at the time - and for that reason. However, something I noted at the time might apply: the game features cars that look like the real cars, but they're never specifically named in the games. I think there's a moment in MW2 where you're told by another character to "get in the Hummvee", but that's it as far as I recall.Considering this ruling from earlier this year, this seems like a bad take by Glickenhaus. The ruling is that Activision has the right to include Humvees in it's Call of Duty games without licensing them from AM General.
Now let's apply that to Gran Turismo (or any racing game developer).
It will be interesting when some racing game dev finally says "You know what, Jim? You're being just a little too extra. Let's put this court ruling to the test."
It would take an exceptionally brave developer to do that, especially if they want to sell their game outside of the American market.Considering this ruling from earlier this year, this seems like a bad take by Glickenhaus. The ruling is that Activision has the right to include Humvees in it's Call of Duty games without licensing them from AM General.
Now let's apply that to Gran Turismo (or any racing game developer).
It will be interesting when some racing game dev finally says "You know what, Jim? You're being just a little too extra. Let's put this court ruling to the test."
LMAOO that's... ughhh...This guy likes his own replies.
Says it all.