Morgan claims that the pedal "fractures under ordinary and expected usage," keeping potential faux-drummers from playing Rock Band "in the manner marketed and advertised." He also cites Harmonix and MTV Games for selling the original kit with knowledge of the pedal's fragility -- evidenced, he claims, by the metal-reinforced pedal included in Rock Band 2. His case calls for reimbursement of the purchase price of the Rock Band drum kit, and for the title's publishers to stop selling the brittle peripheral. We suggest another settlement -- just include a free dab of Rock Jam in every bundle. Everybody wins!
Harmonix, EA sued for flimsy Rock Band kick pedal
54
Some of Joystiq's heavier-footed staffers have experienced the heartbreak that comes from snapping the original Rock Band kick pedal in the midst of a feverish playthough of Paramore's "That's What You Get" er, Judas Priest's "Painkiller". However, we never thought to take the bold course of action currently being followed by one Monte Morgan, who recently filed a class-action suit against Harmonix, MTV Networks (as well as parent company Viacom), and Electronic Arts for producing and distributing such an easily busted bass drum beater.
Morgan claims that the pedal "fractures under ordinary and expected usage," keeping potential faux-drummers from playing Rock Band "in the manner marketed and advertised." He also cites Harmonix and MTV Games for selling the original kit with knowledge of the pedal's fragility -- evidenced, he claims, by the metal-reinforced pedal included in Rock Band 2. His case calls for reimbursement of the purchase price of the Rock Band drum kit, and for the title's publishers to stop selling the brittle peripheral. We suggest another settlement -- just include a free dab of Rock Jam in every bundle. Everybody wins!
Morgan claims that the pedal "fractures under ordinary and expected usage," keeping potential faux-drummers from playing Rock Band "in the manner marketed and advertised." He also cites Harmonix and MTV Games for selling the original kit with knowledge of the pedal's fragility -- evidenced, he claims, by the metal-reinforced pedal included in Rock Band 2. His case calls for reimbursement of the purchase price of the Rock Band drum kit, and for the title's publishers to stop selling the brittle peripheral. We suggest another settlement -- just include a free dab of Rock Jam in every bundle. Everybody wins!
Reader Comments (54)
Posted: Nov 22nd 2008 4:13PM Cerpin Taxt said
Don't blame anyone but yourselves. It's just natural evolution for human feet to get stronger over time.
Reply
Posted: Nov 23rd 2008 2:25PM (Unverified) said
I've had my Rock Band 1 drum kit for about a year, until the yellow pad stopped working. Taking it apart, I realized that 3 out of the 4 pads were cracked in half. My pedal is still in working order though. If anything id complain about the pads cracking in half.
Reply
Posted: Nov 22nd 2008 5:42PM (Unverified) said
I don't understand the issue though. I believe I ended up breaking three (possibly four) of them but EA sent out replacements immediately. It's not as if they left us with a defective product only to screw us in the subsequent RMAs.
I suppose they should've tested the pedal more but to be fair, this was essentially the first drum kit for a home game console.
Reply
I suppose they should've tested the pedal more but to be fair, this was essentially the first drum kit for a home game console.
Posted: Nov 22nd 2008 5:54PM (Unverified) said
Now you have to show a receipt showing that you purchased the kit within the last 60 days. So it's not so easy anymore...
I bought the metal replacement piece from eBay. It works great!
Reply
I bought the metal replacement piece from eBay. It works great!
Posted: Nov 22nd 2008 7:42PM (Unverified) said
After playing with fire for several weeks and delaying the purchase of a metal reinforcement in hopes mine wouldn't break, it all of a sudden snapped while my friends were playing it one night. My solution to get up and running as soon as possible? Packing tape. No sort of reinforcement, just put the two pieces together and wrapped it with several layers of packing tape. Worked great, it's extremely strong and doesn't have any noticeable give, so there's no performance loss at all.
My point? The guy suing is a tool. Not every slight grievance warrants a lawsuit. I fixed mine with a nickel's worth of packing tape; that's all the more money he deserves to gain from this.
Reply
My point? The guy suing is a tool. Not every slight grievance warrants a lawsuit. I fixed mine with a nickel's worth of packing tape; that's all the more money he deserves to gain from this.
Posted: Nov 22nd 2008 10:52PM SheppyReturns said
Why do you hope he wins? It's a class action lawsuit. Look those up. What he and everyone else involved gets is, at most, a replacement pedal for the one that broke. I severely doubt we'll get full on refunds. Meanwhile, those are either free or a $20 replacement part from what I've heard (sorry, mine isn't broken despite recently moving up to expert). Meanwhile the lawyers in this case walk away with millions.
Class Action Lawsuits... punishing legal systems with frivolous lawsuits.
Reply
Class Action Lawsuits... punishing legal systems with frivolous lawsuits.
Posted: Nov 22nd 2008 11:50PM Johnnynumber5 is powered by cell said
Wow sheepy expert on drums ... impressive! ... Can you make it through NIN The Perfect Drug? IMO that is by far the hardest song on the drums in the entire game.
I have recently graduated to Hard on drums and can at least make it through 90% of the songs without failing out. My favorite songs to play are el schorcho by weezer, testify by Rage, Girl U Want by Devo (absolute favorite!) & Wayward Son by Kansas.
Reply
I have recently graduated to Hard on drums and can at least make it through 90% of the songs without failing out. My favorite songs to play are el schorcho by weezer, testify by Rage, Girl U Want by Devo (absolute favorite!) & Wayward Son by Kansas.
Posted: Nov 23rd 2008 1:56PM ludwigk said
@Sheppy: I think it is YOU that should look up class action lawsuits. Within a class action suit, there can be an individual who is a "class representative", a lay person who filed the suit, and is present during court proceeding. They can receive a larger reward, depending on the length of the trial and their involvement.
This is not an amount of money that can compare to the lawyer's share, but it does provide an additional monetary incentive to get your litigatin' on, as it were.
Reply
This is not an amount of money that can compare to the lawyer's share, but it does provide an additional monetary incentive to get your litigatin' on, as it were.
Posted: Nov 22nd 2008 4:30PM Peter Moore said
Okay, apparently I clicked the wrong reply button.
Down vote me away!
Reply
Down vote me away!
Posted: Nov 22nd 2008 4:51PM (Unverified) said
Except they aren't offering RMA replacements for RB1 stuff anymore.
This guy is right, they know it's totally broken, they need to stop putting this on the shelves. Make all the RB1 kits come with the metal pedal.
Reply
This guy is right, they know it's totally broken, they need to stop putting this on the shelves. Make all the RB1 kits come with the metal pedal.
Posted: Nov 22nd 2008 5:57PM (Unverified) said
Hey Ignatius,
I had to send in my guitar and they lost mine too! I did the free replacement because at the time my 360 red ringed. But it took nearly two months to get a replacement. And the only reason I got it was because I wouldn't get off of the phone until they said they would send a new one out. If you wait and fight you can almost always get what you want.
Reply
I had to send in my guitar and they lost mine too! I did the free replacement because at the time my 360 red ringed. But it took nearly two months to get a replacement. And the only reason I got it was because I wouldn't get off of the phone until they said they would send a new one out. If you wait and fight you can almost always get what you want.
Posted: Nov 22nd 2008 4:31PM falcomadol said
If you're playing hard on pretty much any instrument in Rock Band, just skip up to Expert, there are minimal differences, and the notes scroll faster so its easier to get the timing right.
I expect that this will be settled, EA will extend the warranty and send people who fill out a webform or respond to a form letter an RB2 pedal.
Reply
I expect that this will be settled, EA will extend the warranty and send people who fill out a webform or respond to a form letter an RB2 pedal.
Posted: Nov 22nd 2008 5:36PM (Unverified) said
Much quiet, the pads are sensitive, and the pedal has a metal plate which prevents it from cracking in the middle. (You can still crack it at the hinge, but that can be fixed with good old duct tape, thankfully.)Also, you can buy expansion cymbals if you please.
However, you need to feed it batteries, since it is wireless. If you are like me, you already invested in Rechargables a long time ago, so it's not as much of a problem now.
Reply
However, you need to feed it batteries, since it is wireless. If you are like me, you already invested in Rechargables a long time ago, so it's not as much of a problem now.
Posted: Nov 22nd 2008 9:54PM (Unverified) said
The RB2 drum set is infinitely superior to the first. The pads actually bounce (in fact, it seems a tad more than real drums), they're able to take harder and faster hits without damaging the inside foam (which happened through numerous RB1 sets for me) and the pedal is reinforced.
If money isn't an issue, there is absolutely no reason to have the RB1 drum kit. It's better off in a Goodwill.
Reply
If money isn't an issue, there is absolutely no reason to have the RB1 drum kit. It's better off in a Goodwill.
Posted: Nov 22nd 2008 5:14PM (Unverified) said
I wish I could be a part of this lawsuit. My pedal got a little crack in it exactly one week after the warranty expired. I'm as gentle as I possibly could be with that thing. I even play with my shoes off, just to be on the safe side.
I'm so furious that normal play on this equipment will break it.
I want a new pedal, and I don't think I should have to pay for it.
Reply
I'm so furious that normal play on this equipment will break it.
I want a new pedal, and I don't think I should have to pay for it.
Posted: Nov 22nd 2008 5:26PM jeepgun said
I take my shoes off too and I still broke two of them, I was always so scared of snapping in two that I got nervous whenever a bass heavy song would come up and my performance would suffer.
I ordered the RB2 kit and now I have about as much confidence as the guy from the Enzyete commercials...also I play better. Metal footplate FTW, I hope this guy wins his case.
Reply
I ordered the RB2 kit and now I have about as much confidence as the guy from the Enzyete commercials...also I play better. Metal footplate FTW, I hope this guy wins his case.
Posted: Nov 22nd 2008 5:32PM (Unverified) said
Don't be ashamed. "That's What You Get" is one of my favorite songs in the game. I'm ten times more likely to want to play that than "Painkiller," the most overrated song in the history of rhythm games.
Reply
Posted: Nov 22nd 2008 6:55PM (Unverified) said
Why is it over rated? Because you can't pass it? lol no ownder your favorite song is "That's what you get". You kids now a days crack me up.
Reply
Posted: Nov 22nd 2008 7:56PM (Unverified) said
You're a true champion of reading comprehension.
Because when I said "overrated," I of course meant "too hard to play," and by "one of my favorite songs in the game," I meant "favorite song ever." You read me inner thoughts like a book. Way to go, bro.
Also, the day I get less than 5 stars on Painkiller is the day I turn in my balls for a set of ovaries.
Reply
Because when I said "overrated," I of course meant "too hard to play," and by "one of my favorite songs in the game," I meant "favorite song ever." You read me inner thoughts like a book. Way to go, bro.
Also, the day I get less than 5 stars on Painkiller is the day I turn in my balls for a set of ovaries.
Posted: Nov 22nd 2008 5:56PM CardboardDoom said
While I agree with this guys suit, I agree with you too. I just broke my pedal a few days ago, and while some money would be nice, all I really want is a new, preferably metal, pedal.
Reply
Posted: Nov 22nd 2008 5:57PM Stink Snake said
Smart money is on the pedal resting on a mosaic table not a floor.
Reply
Posted: Nov 22nd 2008 6:12PM aughscreennames said
Just looking at that piece of garbage makes me hope they get sued to hell for releasing that. Shame on them, they make a horrendous margin on these plastic "instruments" and that cheap ass thing is what they gave people? Seriously it looks about as well made as a toy from a happy meal, they definitely need to pay for that.
Reply
Posted: Nov 22nd 2008 6:16PM FakeJamaican said
a broken pedal must have ruined his birthday party causing him to have a tantrum, because last time I checked, pedals were replaced with no issues. I had mine within 8 days of emailing
Reply
Posted: Nov 22nd 2008 6:39PM ThornedVenom said
Rock Jam made me lose my appetite: I think I threw up a bit in my mouth.
Reply
Posted: Nov 22nd 2008 6:40PM (Unverified) said
My pedal snapped on the LAST SONG of the Rock & Roll Hall of Fame set in Rock Band 2. Needless to say, I raged... And ordered an Omega.
EA accidentally sent me a second replacement guitar once. It arrived snapped in half. This happened like four months ago and I haven't sent it back. I'll be damned if I waste gas for their blunder.
Reply
EA accidentally sent me a second replacement guitar once. It arrived snapped in half. This happened like four months ago and I haven't sent it back. I'll be damned if I waste gas for their blunder.
Posted: Nov 22nd 2008 10:04PM BurntMeatloaf said
I laugh at people who pay $250 for cheap plastic, and when stuff breaks, they say they're pleased that the company sent a replacement. What good is a replacement if it's still built to break just like the first one, and usually a refurb to boot? I'm looking at you, RROD.
If a company makes a product that's meant to be stomped, it either shouldn't be made of plastic, or it should be made out of that indestructible stuff that they use for Fisher Price toys. A low failure rate is grounds for complaints and replacements. very high failure rate is most definitely grounds for a lawsuit.
Reply
If a company makes a product that's meant to be stomped, it either shouldn't be made of plastic, or it should be made out of that indestructible stuff that they use for Fisher Price toys. A low failure rate is grounds for complaints and replacements. very high failure rate is most definitely grounds for a lawsuit.
Posted: Nov 22nd 2008 10:09PM (Unverified) said
I consider myself to be someone with a pretty heavy foot, but I'm always very cautious with my peripherals. I had the game for eight months, playing probably to Tier 6 on Expert drums, without any problems with the pedal or the pads.
One of my friends broke my pedal playing his first song on Hard by slamming his foot up and down on it.
Out of everyone I know, only one other guy plays the drums and doesn't sound like he's trying to kill the damn thing, so (just like the people that collapse pads) I'm just as inclined to blame the end user as I am Harmonix on this one.
Reply
One of my friends broke my pedal playing his first song on Hard by slamming his foot up and down on it.
Out of everyone I know, only one other guy plays the drums and doesn't sound like he's trying to kill the damn thing, so (just like the people that collapse pads) I'm just as inclined to blame the end user as I am Harmonix on this one.
Posted: Nov 22nd 2008 10:29PM (Unverified) said
Mine broke too.
:(
I just bought Rock Band 2.
How much nanoseconds would the RB1 pedal stand before it's destroyed by Scott Travis
Reply
:(
I just bought Rock Band 2.
How much nanoseconds would the RB1 pedal stand before it's destroyed by Scott Travis
Posted: Nov 22nd 2008 11:34PM TRTX said
This all sounds like BS. Claiming the metal pedal in RB2 is proof of malice in regards to the old pedal shouldn't hold a shred of weight in court.
What next? The detachable neck in the GH guitars being used an excuse to sue Activision because they KNEW that people wouldn't be able to fit their guitar controllers in a normal shelf.
This is just a whiny RB fan going WAY too far. Some of those people prefer to blame the equipment instead of themselves.
I've seen people complain about broken equipment, then when they play they HAMMER on the equipment and STOMP the pedal.
Absurd.
Reply
What next? The detachable neck in the GH guitars being used an excuse to sue Activision because they KNEW that people wouldn't be able to fit their guitar controllers in a normal shelf.
This is just a whiny RB fan going WAY too far. Some of those people prefer to blame the equipment instead of themselves.
I've seen people complain about broken equipment, then when they play they HAMMER on the equipment and STOMP the pedal.
Absurd.
Posted: Dec 11th 2008 11:33AM (Unverified) said
dont care about the lawsuit. more power to him ..anyways ive broken 3 guitars and the pedal on the drumkit. rockband warrenty will replace any broken equipment. besides the warrenty place is only 5 miles from my house so sevice is quick
Reply
Posted: Nov 23rd 2008 9:51AM smiburho said
i'm wondering how long it will take until there's a class action lawsuit against red octane for all the issues with guitar hero world tour peripherals. i had to pay to ship my stupid guitar back to them...$25! And they really have no response as to when they'll return it to me. we wouldn't accept this from any other sort of business, so why put up with it because it's just a video game manufacturer?
Reply
Posted: Nov 23rd 2008 10:14AM (Unverified) said
This is not that complicated after breaking 3 previous drum pedals i went out and bought the indestructable plexiglass pedal,It's necessary when you use the hard or expert difficulties it's only 20.00,I never hurt myself breaking the Previous 3 pedals,and I've havn't broken the plexiglass pedal and I've had it for about a year, so i don't understand what this guy's beef is.
Reply
Sorry, you must be logged in to leave a comment.
Featured Stories
The most popular posts
in the last 7 days
- Vita 'UMD Passport' won't be offered in US 221 comments
- Kingdoms of Amalur: Reckoning review: A tempting fate 153 comments
- David Jaffe leaves Eat Sleep Play, layoffs hit developer [Update] 107 comments
- Blizzard taking Valve to court over 'DOTA' trademark 100 comments
- Don't call it a remake: Final Fantasy X is a 'remaster,' to be clear 95 comments










