I can spend millions digging holes and filling them up again - that doesn't entitle me to a reward for my "time and effort".
If I look at the image on their website and get pleasure from the beauty of it, that doesn't harm them in any way or cost them a penny. They *already* made the image for their own reasons. Whether I get pleasure from it doesn't affect them.
If their use of the image harmed the creator economically - lost sales in this case (as with the free download of the game), then (and only then) you have a case for limiting that use.
Clearly the dealership is confused, and who can blame them - the whole structure of current IP law is incomprehensible to most people.
I imagine even if the dealership knew the image came from a video game, they thought "hey we're selling cars, not competitive with a game in any way", so no problem.
And if the law were reasonable, that wouldn't be a bad way to think.
Certainly the game people deserve credit for the image, but I don't see how they suffered any economic harm at all - use of the image doesn't take a penny from their pocket. If anything it's free advertising for their game (at least if they'd gotten credit).
Re: Re: It's not new, it's just how USG people think
Sure, industrial espionage is as old as industry, and espionage is as old as states (or older).
But the warnings we got in the '90s weren't much about that - it was mostly "you'll be arrested on made-up charges and have no rights", etc. They made as if they were genuinely concerned with our safety.
(As far as I know, nobody took their advice, and did as they pleased on weekends without telling anyone. We chuckled about their nannying...privately.)
In the 90s I used to go to UN-related meetings in Geneva a lot.
There was always a guy from the State Dept. there to watch over the "US delegation" (most of whom represented private firms).
Every Friday he'd tell us to let State know everywhere we went outside our hotel over the weekend - not for infosec reasons, but because it's a "foreign country" and we could get into all kinds of trouble. We could get arrested and have no rights, not like at home in the US.
This was in Switzerland, the child-proofed chocolate-coated rubber room of Western Europe. Far safer than any place in the US - the main danger was overdosing on cheese.
But I think they really meant it.
There's something about the mentality of people who go to work for the US government - they really, truly, think all them furriners in nasty, terrible places like Switzerland, the UK, Austrialia, Japan (Japan!) are lawless hellholes without Good Old Fashioned Merican Democracy where people will be skinned alive for blinking at the wrong time.
I don't know what really happened here, but I'm strongly tempted to think this is the fault of the publishers of "No Man's Sky":
Publisher: Hey! "No Man's Sky" is coming!
Murdoch: Nasty letter - don't use "Sky" or we'll sue.
At this point what the publisher should have done:
Publisher: Screw you. You have no case. Sue if you want - you'll lose.
But what they actually did was:
Publisher: Oh no! Please don't sue us! Let's talk this over...
And so they got what they deserved for not having the balls to just publish.
Maybe that's not what happened. But freedom doesn't work if everyone is terrified to get out of bed in the morning. Sometimes you have to stand on your rights and accept the risk that the other party may sue - if you're reasonably sure you're within your rights (and will therefore win).
Otherwise, we have a permission-based society. Nobody does anything without consulting lawyers.
1 - Lockheed, a major defense contractor with decades of experience with computers and IT systems, for 12 years running, failed to backup or check their backups of a critical USAF system needed to verify USAF compliance with law.
2 - The system was deliberately corrupted to cover up criminal activity.
It's hard to tell which is more likely.
Either way, heads need to roll. Every person in the management chain responsible for this debacle needs to be fired, from the CEO on down.
How many millions did the Pentagon pay Lockheed to screw this up?