Gibson sues Harmonix, Viacom, EA over Guitar Hero

by Christopher Grant { Mar 21st 2008 at 5:45PM }

Following Activision's filing of a pre-emptive lawsuit last week – asking a judge to dismiss guitar-maker Gibson's Guitar Hero patent claim and later saying it had "no merit" – and then Gibson's lawsuit against major retailers selling the game, Gibson has now filed a patent infringement lawsuit against ... well, not Activision. No, Gibson has filed a patent infringement lawsuit against former Guitar Hero developer Harmonix; Harmonix's parent company's parent company, Viacom; and Rock Band publisher and all around Guitar Hero-less innocent bystander Electronic Arts.

Gibson is claiming the aforementioned companies violate their 1999 patent covering "a system for electronically simulating participation by a user in a pre-recorded musical performance." For their money – even though they're not the ones being sued – Activision claims that "by waiting three years to raise its claim, Gibson had granted an implied license for any technology." Regardless of the outcome or the number of Gibson-branded plastic guitars out there, we suspect it won't be getting a fruit basket from the video game industry this holiday.

Tags: BreakingNews, EA, Electronic-Arts, Gibson, Harmonix, MTV

Reader Comments (Page 1 of 1)

Mr Khan @ Mar 21st 2008 5:50PM

Ok, kids. Today's special word is "legal clusterfuck"

paulofjustice @ Mar 21st 2008 5:55PM

Wow. Is there no fucking SHAME left in the world? This is just a blatant attempted money-grab. They should be ashamed, considering they most likely filed the patent in the states after getting the idea from Konami's "Guitar Freaks" which I guess failed to secure a patent in the US. Fucking scum. Glad I own an Ibanez.

Enriss @ Mar 27th 2008 5:11AM

This isnt as bad as the $54 pants lawsuit

http://www.youtube.com/watch?v=8hlbNfU4n3g

Nightvortez @ Mar 21st 2008 6:05PM

I'm now ashamed to own an actual Gibson Les Paul.

NumberZero @ Mar 21st 2008 6:07PM

I am ashamed to own an Ephiphone Les Paul =(.

Guess I'll stop playing it when I get my new guitar.

ColossalHat @ Mar 21st 2008 6:08PM

So, rather than suing the company that now owns Guitar Hero (which contains Gibson guitars) they're suing companies that have nothing to do with Guitar Hero or Gibson anymore. Brilliant!

The only reasoning I can see here is that Gibson's keeping their partnership with the Guitar Hero franchise safe, while still looking to cash in on a patent that they neglected to bring up when the original Guitar Hero game was made.

I'm not going to say I know a thing about legal matters like this, but imo they should have said something earlier (i.e. GH1 or 2) or they should not be able to sue for video games.

Count Noobula @ Mar 21st 2008 6:10PM

Maybe Guitar Hero will be defeated by Guitar Villain now.

Sir Fidlious Wong (Zeon Defense Force) @ Mar 21st 2008 6:12PM

Amazing... some Gibson fuck saw Guitar Freaks hadn't been patented in the states and threw down the money for the patent. Can we please, please, please fucking reform the patent system, US? This is beyond retarded.

KeenCommander @ Mar 21st 2008 6:13PM

I smell bullshit...

unosturgis @ Mar 21st 2008 6:27PM

wow I am never buying a gibson or any of their related products now. The are probably trying to make their money back after that stupid robot guitar they released!

Sir Fidlious Wong (Zeon Defense Force) @ Mar 22nd 2008 5:41PM

Hey, that robot guitar is the shit. Just think, being able to have a large number of tuning presents at a push of the button....

unosturgis @ Mar 22nd 2008 6:06PM

Yeah, it's a cool idea really but it just seems so gimmicky. How often is someone going to be onstage and wait for their guitar to switch the tuning. I think the line 6 variax + pod live technology is way cooler. It lets you switch what kind of guitar sound and alternate tuning you want at the click of a foot switch. Now THAT is awesome.

Bobby Blackwolf @ Mar 21st 2008 6:39PM

The funny thing is, if anyone with two eyes looks at Gibson's patent, it has NOTHING TO DO WITH GUITAR HERO. It is a patent on a method of plugging a REAL GUITAR into a device that then plays a concert from a DVD that has 3D models. The only "interactivity" in the patent is that you can play along with the prerecorded DVD with your own guitar while wearing a VR helmet.

Purple Haze @ Mar 21st 2008 6:57PM

Gibson, you make good guitars, I have one upstairs, but fuck this is stupid.

x silence x @ Mar 21st 2008 7:05PM

Something tells me that Gibson is going to have a hell of a time fighting with these large... ahem... MASSIVE companies.

Good luck with that!

Sean D. @ Mar 21st 2008 7:06PM

How many more patent violation lawsuits are they going to send out this month? This is beyond absurd and completely shameful. Why didn't they notice this when they were busy licensing their name and products for use in Guitar Hero?

I had a soft spot in my heart for Gibson gear which has now been replaced by a rabid hedgehog. Turns out they're just another evil corporation out to claim bullshit IP and patent rights instead of creating real innovation of their own.

I can't see this ending well for them...

Mills and Boom @ Mar 21st 2008 7:22PM

I prefer real guitars over these toy games, so I'm siding with Gibson.

Soz ard.

nate @ Mar 21st 2008 8:29PM

As much I agree with your general message, I don't like your tone boy so -1.

Nick the Hero of Canton @ Mar 21st 2008 8:53PM

Sorry, I guess the vast majority of the gaming population just, you know, like to have some good ol' fun.

MasterInsan0 @ Mar 21st 2008 9:22PM

Yeah, I know how you feel. I prefer real war over those stupid kids' games like Call of Duty too, so I went to war for reals.

Sure, I lost my right leg and can't sleep comfortably any more, but at least I fought in a real war, unlike you pansies!

(Yes, I'm being sarcastic. I wish the "lawl go play a real guitar noob" crowd would kindly stop trolling anything even remotely related to GH or RB.)

Mills and Boom @ Mar 21st 2008 9:24PM

Sorry I couldn't hear you over my rip roaring, neighbour annoying solo, speak up plix.

dsub @ Mar 22nd 2008 2:47AM

I prefer real guns over these FPS games, so I'm just gonna go kill some people.

Mills and Boom @ Mar 22nd 2008 8:59AM

Lol probably an American if you you're comparing a virtual guitar to a real gun. Guns on the brain you lot!

BTW that argument doesn't hold up, soz.

Sir Fidlious Wong (Zeon Defense Force) @ Mar 22nd 2008 5:47PM

Actually, the arguement does hold up. Because your average Guitar Hero player could give fuck all about your ability to play guitar. It's secondary in every way, shape, or form. If fact, you can likely slink off to your "30 friends on our bands Myspace page" after this message for all I care. Because here's the deal...

Even the best Guitarists started slow, likely many hours before they had at least ten chords figured out, more than that before scales were easily accomplishable. To play a Guitar is an intimidating challenge. You can be proud of that, you met the challenge and can now play Bon Jovi for the weepy fat bitch at your frats kegger, hooray you.

But for most people who play Guitar Hero, they open the box, plug it in, and within 5 minutes are having a musical experience that is likely as far as they ever wanted to take the fantasy regardless. They enjoy playing the game and at the end of this time, they don't feel the need to wander over www.ultimate-guitar.com's message boards talking about all those losers who play real guitars. Only prats like yourself enjoy that past time, go fig... guv'ner.

Mills and Boom @ Mar 22nd 2008 5:55PM

I'm sorry Wong but you're making me out to be one of them American style people, which I'm far from. I'm a classically trained guitarist I don't really care for Bon Bon or whatever he was called.

Oh and to learn a beautiful musical instrument or to get a highscore in a limited game (lol - South Parks Guitar Queero episode, they hit the nail on the head there) that bears nothing to playing a guitar in real life.

By all means go out and learn how to shoot a gun. Maybe Yanks could do with that so they're taught how to respect the gun and not go on another killing spree.

Oh and Myspace? Do people still even use that?

Still amazed that people can draw parallel to learning an instrument and wanting to go out and kill people. Not a good reflection on game players to have such narrow vision really.

Sir Fidlious Wong (Zeon Defense Force) @ Mar 22nd 2008 7:30PM

"I'm sorry Wong but you're making me out to be one of them American style people, which I'm far from. I'm a classically trained guitarist I don't really care for Bon Bon or whatever he was called."

Amazing, Richie Sambora, Bon Jovi's guitarist, is a classically trained guitarist too. And he knows twelves different instruments, and yet he's not a prat. Nice how that works out... some people are pretentious bastards, others avoid that pitfall.

"Oh and to learn a beautiful musical instrument or to get a highscore in a limited game (lol - South Parks Guitar Queero episode, they hit the nail on the head there) that bears nothing to playing a guitar in real life."

Amazing. Most guitar hero players don't WANT to learn an instrument. This is the point we're trying to get across to you. Guitar Hero is not a simulator in any way, shape, or form. In fact, it doesn't even try to be that with the whole scores and stuff. It is a game, period. Everyone who plays Risk isn't training to be a general, everyone who plays Monopoly isn't researching a career in real estate, and everyone playing Win, lose, or Draw isn't investing in a professional artist career. They are playing games. Nothing more or less.

But then there are, frankly speaking, spastics like yourself that somehow feel threatened by this game. And yes, I do say threatened because, truth be told, if you were a real musician firmly rooted in your skills and confident, this wouldn't even be an issue. How do I know? My father has played guitar his entire life. I'm proficient at synth software and electronica as well as turntables. I know several people in bands locally and a few that have gone on decent careers. And among this group, not a single one feels the need to shit on it's players. Many even own the game and play the hell out of it.

It's just people like you who somehow fear Guitar Hero will cut into your trim that feels the need to bash it and it's players constantly.

Mills and Boom @ Mar 24th 2008 1:28PM

Oh you're still bothering to reply!

No, I don't keep up on other musicians. I don't really care for most music so I don't know about Bon thingies guitarist. Should I?

And I'm not worried either. Infact it's hopefully pulling more people from playing a real guitar (the weaker players at least) into playing a toy. The less guitarists out there the better it is for us good ones. Lights in fog and all that.

I just really enjoy looking down at them specific people. If you were a "real" Guitar Hero then you wouldn't mind my comments as you just do what makes you happy. But alas you seem to want to try and defend the rights of these toy playing kids.

Keiichi @ Mar 21st 2008 7:27PM

Dave Lister has an authentic Gibson Les Paul copy in the Red Dwarf ep "Marooned". Are Gibson going to sue the Jupiter Mining Corporation?

umm....hello??? @ Mar 21st 2008 7:40PM

I'll bet anything it's Gibson's lawyers that are on the money-grab, and not so much Gibson itself. whatever. fuck Gibson.

Joe Smith @ Mar 21st 2008 8:12PM

Reading the patent, it looks to me like they are talking about a way for your to play a real instrument while "experiencing" a virtual performance. That is not at all what Guitar heor and Rock Band do -- nor for that matter what Guitar Feaks did. All the guitar peripherals realy are are regular controllers in new shapes. THey are not musical instruments.

Deck @ Mar 21st 2008 8:24PM

Gibson is suing everyone! This.. rediculous! Though rather hilarious at the same time. Wonder how far they actually think they are going to get?

Seems a little late to be calling in their patent. Plus, it doesn't really have any ties with the actual guitar I do not think.

dsub @ Mar 22nd 2008 2:44AM

Way to fuck up a great thing Gibson. You could have played nice, and partnerships within the video game industry could have earned you billions of dollars. I guess you must like making alot less money in the real instrument business. Good luck selling 5 million guitars in 2 months. This is a lawsuit that Gibson has no chance in hell of winning, mainly for two reasons.

1. Guitar Hero has been on the market for nearly 4 years now, and they didn't say a damn word until now. Why?

2. Gibson willingly partnered with, and sponsored Guitar Hero 2 and 3, only to suddenly realize that they had a "patent" on the game 2 years later?

These guys are morons, and are only going to damage their reputation in the industry. Don't want to play nice Gibson? That's fine. I'm sure the folks at Fender, Ibanez, etc. will be more than happy to sponsor a Guitar Hero game and pickup right where you left off. Your name not being on a guitar will effect sales in no way at all.

Idiots.

s256 @ Mar 23rd 2008 6:21AM

Yep. Basically, they had two options.

Cooperate and reap the benefits, or try to grab money by suing, pissing off the industry and its communities.

You fail, Gibson. Hard.

jesus_bon_jovi @ Mar 22nd 2008 8:17PM

Where the hell is my HEAD MOUNTED DISPLAY?!?!?

NickAB @ Mar 26th 2008 4:06PM

You know, I actually still have my manual that came with GH1. There's a little blurb in the back:

"*All guitar models, marks, logos etc provided courtesy of Gibson Instruments. USED with PERMISSION."

Caps-ed out just like that, too. I hope someone has a paper trail, one way or the other.