There will always be a large audience for pro-military, "RAH-RAH" type of action movies. Independence Day, Pearl Harbor, etc. etc. are more modern examples of just such types of movies. Hell let's not dance around the obvious elephant in the room......Michael Bay.Actual military hardware is non-trademarked and considered public domain. You can put all the F-14s and Abrams tanks you want in your movie, as long as you're making them yourself (either mock-ups or CGI).
It's the markings and insignias you can't use without military involvement. Like, Duke can't wear an actual parachutist pin, but you could likely get close enough without anybody noticing. And since Hasbro has been using their own insignias since Day 1, it'd actually be even *more* source accurate.
As an aside, I'm a pretty pro-military guy. I did 20 years in the Navy and some of the best people I know are sailors and Marines. I'm also an older Joe fan, so my formative years with the toys was more military-themed and less ninja and eco-warrior, so my idealized version of a G.I. Joe movie is very grounded military (for the Joes, at least.) But if there's one thing I learned from the movie 'Battleship,' it's that I represent a very small potential audience. While I would *love* a boots-on-the-ground, forward deployed, military action assault on Cobra Island Joe movie, I know that's not going to make any money at the box office.
Love him, or hate him, he does military, 'RAH-RAH" type action/popcorn movies pretty well. I mean his first Transformers movie is a clear example of what he can do in modern movies, and what he could do for Joe. The problem is that McBride's statements make it seem like he would want a smaller movie without the big set showpieces and all the military equipment that would entail (which is where Michael likes to live).