Activision files lawsuit after Gibson claims Guitar Hero patent
Yesterday was a busy legal day for the Guitar Hero franchise, what with Harmonix pulling a $14.5 million dollar royalty suit on the same day Activision decided to address a patent claim from its guitar partners at Gibson. Sure, we're not fancy lawyers with fancy pants, but it strikes us as particularly odd that Gibson managed to work up a deal with Activision – licensing its branding as well as the likenesses of some of its most iconic guitars – well before realizing that, hey! It's already patented this whole thing and owns the rights to a device whereby a "musician can simulate participation in a concert by playing a musical instrument and wearing a head-mounted 3D display that includes stereo speakers."
Turns out that while Gibson told its pals at Activision about the patent back in January, the Big A just filed a lawsuit yesterday asking the U.S. District Court for Central California "to declare Gibson's patent invalid and to bar it from seeking damages." Considering we're talking about a billion dollar franchise, we're sure Gibson's been seeing dollar signs. Perhaps it's afraid games like Guitar Hero are siphoning potential guitar sales away from, y'know, actual instruments ... or maybe it just figured why the heck not. Unless they make nice nice, we figure there's a chance we could see Fender-branded guitars in both guitar rhythm series going forward.
[Via Engadget]
Read – Activision's "Guitar Hero" violates patent: Gibson (Reuters)
Read – United States Patent Number 5,990,405
Turns out that while Gibson told its pals at Activision about the patent back in January, the Big A just filed a lawsuit yesterday asking the U.S. District Court for Central California "to declare Gibson's patent invalid and to bar it from seeking damages." Considering we're talking about a billion dollar franchise, we're sure Gibson's been seeing dollar signs. Perhaps it's afraid games like Guitar Hero are siphoning potential guitar sales away from, y'know, actual instruments ... or maybe it just figured why the heck not. Unless they make nice nice, we figure there's a chance we could see Fender-branded guitars in both guitar rhythm series going forward.
[Via Engadget]
Read – Activision's "Guitar Hero" violates patent: Gibson (Reuters)
Read – United States Patent Number 5,990,405












Reader Comments (Page 1 of 1)
doom saber @ Mar 12th 2008 8:13PM
They are probably suing now because they, Activision, are being sued by Harmonix. LOL
Darren Tilley @ Mar 12th 2008 8:20PM
The patent involves a Virtual Reality Headset and a real guitar ran through a mixer and various effects. There really is zero overlap between their patent and Guitar Hero.
KeenCommander @ Mar 12th 2008 8:29PM
Stupidity at it's finest.
deABREU @ Mar 13th 2008 10:01AM
precisely. I know a few people who got into playing real guitars because of guitar hero... gibson board must have bought some wise-ass lawyer's talk.
D_Average @ Mar 12th 2008 8:51PM
Serves Gibson right for loosing their focus.
Mikeawesome @ Mar 12th 2008 8:58PM
Honestly, this is dumb on Activision. As far as I can tell Gibson never made any steps toward filing a suit against them for infringement. And quite frankly, this could ruin the deal they have with Gibson. I'm almost certain that Gibson wouldn't want to break the deal they have with them because, after all, they're also making one hell of a buck off this deal.
And honestly? These games cutting into Guitar sales?
Most of these games have rekindled my desire to play guitar, and now I've not only picked up Guitar, but I've also bought and started playing a bass; and I get the feeling that I'm the norm. When I was talking to a few people in the local game store the week of Rock Band's release most of them said they weren't sure if they wanted to drop the money on the game or just start playing actual guitar or start playing again. So really, I don't see Gibson losing Customers from this deal.
Mikeawesome @ Mar 12th 2008 9:06PM
Well well, I misread your post Joystiq (your wording is quite confusing, don't use quite so many pronouns, plz), that's quite the dumb move on Gibson's part, it's not like they're getting quite the hefty pocket of cash from the current deal.
If I were Gibson, I'd have just clamored for more money with the next contract that Activision proposed. If Activision didn't comply? This is your trump card.
Christopher Grant @ Mar 12th 2008 9:49PM
Well, I don't think Gibson wanted to bring it straight to court, but Activision certainly isn't about to risk it (hence their request). Sounds to me like Gibson was toeing the water and Activision took a bite.
Naota @ Mar 12th 2008 9:07PM
Dean Guitars FTW!
Mills and Boom @ Mar 12th 2008 10:02PM
As a real guitar player and someone who doesn't see the fun in Guitar Hero and pals - I'm on Gibsons side. I don't care for the details too.
Crono (NDF - Knight of the Old School) @ Mar 12th 2008 10:52PM
You're also a moron douche, but who's counting?
Mills and Boom @ Mar 13th 2008 7:31AM
Oh wow. You took my comment seriously.
I'm a bit worried now...
EMOruffino @ Mar 12th 2008 10:08PM
Gibson should make there own game. I want to put on a 3d helmet with STEREO SOUND!
willie @ Mar 12th 2008 10:25PM
Looks Like a Rock Band Patent To Me.
Brodie-san @ Mar 13th 2008 4:38AM
Surely the advent of games like GH and RB have promoted guitars and music in general as a hobby and not the other way around. I know a few people who have enjoyed GH so much that they've asked me to teach them a bit of "real" guitar. Surely this phenonemon is not unique and some of these people will go off and buy their own "real" guitars. And some of them will be Gibsons. Ergo, more money for Gibson.
My point is: companies like Fender and Gibson should be happy that what might have been a quasi impenetrable market before (I'd be interested to see how many gamers are musicans and vice versa) has now been potentially opened up.
G$ @ Mar 13th 2008 8:17AM
I'd like to see other guitars in GH besides Gibson. Maybe this will help get a little more variety introduced. PRS, Jackson, Ibanez, etc. would be nice.
h8rain @ Mar 13th 2008 10:01AM
Karma........Let's not let RB use our GH Gibson guitars...... What's goes around comes around. (I know not quite the same, but still Karma like situation).
Franssu @ Mar 13th 2008 12:52PM
There must be a special level in hell for patent lawyers... and the executive managers stupid enough to listen to them.
Chris Da Lunatic @ Mar 14th 2008 1:44AM
Wow, can't companies co-exist without making a bad image for themselves what with all the constant lawsuits and greedy lawyers? You know what? I am going to patent a rhythm-based lawsuit game where you must make up far-fetched reasons why Multi-Billion dollar companies should fork over loads of cash. I'll call it "Raw Sueage".