It appears Gibson's master plan to play patent troll against many companies within the game industry will fail. Engadget reports that Activision's defensive lawsuit against Gibson has succeeded. The guitar maker was trying to squeeze some extra cash out of its former partner by tying Guitar Hero to a patent it had 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." Not only did the court not agree with Gibson's patent claim, but the judgment stated Activision's plastic peripherals aren't instruments, but "toys that represent other items."
Activision's win puts doubt on Gibson's ability to continue its litigious money-grab against Harmonix, EA, Viacom, and its ability to stop major retailers from selling the Guitar Hero games. Perhaps Gibson should seek better counsel the next time it attempts to take on an entire industry with a weak patent claim.
Source -- Gibson loses GH patent lawsuit, gets booed off stage [Engadget]
Source -- PDF of ruling.
Reader Comments (23)
Posted: Mar 2nd 2009 5:55PM Klitorisaurus said
What retards! The amount of money and exposure Gibson could have made simply by keeping their labels plastered all over these fake instruments far outweighs the money a frivolous lawsuit could have garnered. It's amazing how greed trumps logic sometimes.
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Posted: Mar 3rd 2009 12:00AM Tiptup300 said
Making better quality instruments would help too. I payed 200 for a fender beginner package (guitar, carrying case, amp, strap, tuner) and the guitar is very well putt together and has a slight bit of personality. My friend payed 150 for just the gibson beginner guitar and I have to say it feels really really cheap.
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Posted: Mar 2nd 2009 6:01PM (Unverified) said
Owning an actual Les Paul (studio electric) and always bragging on how a Gibson is a quality instrument, I have to say I'm a little embarrassed they attempted this. I'll practice on my Ibanez tonight. That'll show them...
http://viewmorepics.myspace.com/index.cfm?fuseaction=viewImage&friendID=8362821&albumID=263667&imageID=34503556
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http://viewmorepics.myspace.com/index.cfm?fuseaction=viewImage&friendID=8362821&albumID=263667&imageID=34503556
Posted: Mar 2nd 2009 6:16PM (Unverified) said
Guitar Hero and Rock Band are why I bought a bass (preemptive FUCK YOU to anyone who tells me to play a "real instrument"), and this makes me really happy it's an Ibanez.
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Posted: Mar 2nd 2009 6:39PM (Unverified) said
Actually, I've since purchased a guitar (Squier Jag), and my dad has an electronic drum set.
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Posted: Mar 2nd 2009 6:38PM anoffday said
"musician can simulate participation in a concert by playing a musical instrument and wearing a head-mounted 3D display that includes stereo speakers."
Wow. That would have sucked. Who would want to wear some heavy piece of crap on their head while they try to play a game?
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Wow. That would have sucked. Who would want to wear some heavy piece of crap on their head while they try to play a game?
Posted: Mar 2nd 2009 8:24PM ScottG13 said
Its a stretch. Playing an instrument and playing an electronic device that simulates the instrument in a VERY simplified way are pretty different things. That's why we have a patent system so that ideas are protected. Amazingly, it worked here.
Now about that Konami suit...
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Now about that Konami suit...
Posted: Mar 2nd 2009 8:42PM Saria the Cat said
...Wait, does this mean all my fans aren't real? :(
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Posted: Mar 2nd 2009 8:48PM (Unverified) said
Great. Gibson, you loose. Now drop your fucking prices.
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Posted: Mar 2nd 2009 9:09PM colinisrad said
Was Gibson stretching for an event? Why are they loose?
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Posted: Mar 2nd 2009 10:06PM (Unverified) said
"the judgment stated Activision's plastic peripherals aren't instruments, but "toys that represent other items."
That's right, you certainly can't use them to compose music...
Guffaw.
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That's right, you certainly can't use them to compose music...
Guffaw.
Posted: Apr 26th 2009 5:25AM (Unverified) said
The problem things like this have, is that Gibson can basically do this for free, so there's no real motivation to stop doing it.
The lawyer takes a percentage if they win.
If a lawyer decides there is no case, then it might cost them though....
So, in effect, this is in the hands of Gibson's lawyer (s).
Reply
The lawyer takes a percentage if they win.
If a lawyer decides there is no case, then it might cost them though....
So, in effect, this is in the hands of Gibson's lawyer (s).
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