"EA says its use of the choppers — specifically the AH-1Z Viper, the UH-1Y, and the V-22 Osprey — are protected under the First Amendment and constitute fair use. Textron argues they were used without permission and EA failed to pay licensing fees."
This is not illegal it is a problem that companies like to abuse the fact that they have good lawyers. It's really common for that to happen if you have a good enough lawyer you can twist the law to mean what you want it to mean.
I just had an idea it's not a big deal also.