On Wed, Feb 16, 2011 at 2:26 PM, Vivian Meazza wrote:
> This is ridiculous. We have this discussion every so often, when we are not
> arguing over FlightPro Sim. Do we have to change every airliner model in the
> inventory? Of course we don't. Use the bloody thing. And if ever anyone
> complains say: "Whoops! Sorry.", and take it down, as we would for any other
> copyright infringement. We ways end up with this solution.
>
> Simples.

I think we would be safer not having real life airliner liveries. I
recall that MSFS 2002 (or was it 2004?) used fictional liveries,
presumably to avoid this entire issue. I don't know what FS-X does.

In the case of airliner liveries there is a history of them being used
in flight simulators. IANAL, but AFAIK the fact that they have been
used for a number of years without any enforcement from the trademark
owner can be considered precedent in court that the owner is not that
fussed about the use and makes enforcement more difficult in the
future.

I just had a quick look on avsim.com to see if add-on aircraft are
being sold with real life liveries, and they are. I'd be interested to
find out what licensing they have, if any. Nevertheless, if I was a
commercial FS aircraft developer or commercial FG distributor, I'd be
quite nervous about including trademarked liveries.

As Martin points out Red Bull is very careful about their trademark
licensing  - I guess it's because they are very much a brand who
sponsors a whole load of liveried products, teams etc. on the back of
a rather sweet caffeinated drink (IMO it's a bit like Buckfast without
the alcohol ;) )

As I said above, I think asking for permission is the right approach
here, and I'd be interested in the response.

-Stuart

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