Harmonix calls for an encore in Gibson patent case
by JC Fletcher 
{ Oct 21st 2009 at 9:15AM }
Why is Harmonix engaging in this seemingly self-destructive (but not in the cool rock star way) behavior? When the USPTO looked into the patent again, it changed the definition of "musical instrument" to include the characteristics of being "adapted for making musical sounds" and "the instrument audio signal comprising an electrical signal output by the musical instrument that varies in response to operation of the instrument by the user of the system."
Harmonix apparently believes that because of this new definition, and because of the precedent set by Gibson's other case, against Activision, the case will go in its favor in the end. If the stay is lifted, Harmonix will then file a motion for summary judgment of non-infringement.
Reader Comments (Page 1 of 1)
Jack Hollow @ Oct 21st 2009 9:34AM
So if I understand this correctly, the USPTO has changed it's definition of what it considers a musical instrument. And in doing so, Harmonix hopes that it's peripherals don't fit the new definition.
If this is the case, what i wanna know is how can anyone really consider a Rock Band or Guitar Hero controller and actual instrument? They're obviously not.
superklye @ Oct 21st 2009 9:40AM
I wanna know how they can consider the guitars/basses for these games actual instruments NOW.
Mike @ Oct 21st 2009 9:43AM
It's one hell of a confusing wording, I have to say. I can see where Harmonix could still be in trouble because any controller may still fit that definition. Where I see the distinction, though, is that a regular guitar all by itself can make music. A guitar controller cannot. It can only function when connected to a video game console, and even then, only when playing specific games, and even THEN, it doesn't allow you to make music, it's merely a video game controller shaped into a guitar.
This whole lawsuit's ridiculous.
Jack Hollow @ Oct 21st 2009 9:52AM
@Mike
That's my thinking. The peripherals themselves are just input devices in the shapes of instruments. Can a regular 360, PS3, or Wii controller be considered a musical instrument? They do the same thing. Only difference is they're not shaped like guitars.
GewurztraminerX @ Oct 21st 2009 10:06AM
I'm curious to sees a timeline of Gibson sales before and after the CONTROLLER above hit the market. Could it be they've actually made more money as a result?
vidGuy @ Oct 21st 2009 10:08AM
I always thought the patent case was kind of silly and very risky. Any patent on a musical instrument that is broad enough to cover plastic controllers shaped liked instruments is in danger of being invalidated. But has Gibson sued on a trademark claim? Unless they licensed the use of their name, that would have been a much easier case to win.
IcelandTerrorist (stormtrooper190) @ Oct 21st 2009 10:51AM
yawn.
Hafkie @ Oct 21st 2009 12:00PM
The controller does not make any musical noise, The controller only prevents the game from muting the instrument's audio track. If you were to not press any buttons on a guitar controller, the game mutes the guitar track. However, it is still there, and still playing even without controller imput.
Also, as a guy who has made plenty of GH2 custom discs when he had the PS2 version, those audio tracks are all on the "main" backing track, and if you don't touch the controller, it still plays anyway (Unless you have the master tracks and can make a proper version). The controller is nothing more than on controller. Except in the case of GHTunes, you NEVER use it to actually make music, and even then, GHTunes tags midi notes to the corresponding buttons. If that is wrong, then Gibson should sue every company that has ever released a program using MIDI.
Gibson licensed the use of the Gibson name in the Guitar Hero franchise for three generations of the series (3 HMX games, 2 Neversoft games) If they had this patent, they should have acted on it BEFORE these games became a billion dollar industry. Gibson just wants more money. Funny. If they would have stayed with GH, they could have recieved a cut of money from GHWT and onward. All of the games before that had Gibson shaped controllers and the Gibson logo right on the box. Not to mention the advertisement of all in game characters using Gibson guitars.
Lets see. Free advertisement, GH series WANTING to use Gibson guitars as their guitar designs are iconic. Sounds like a no brainer. Gibson must be lead by a bunch of monkeys. Look at Fender in RB and the variety of brands in GH5. All of those companies aren't throwing lawsuits at the games, and they are just doing fine. They recieve a cut of the profit, plus advertisement too. I go though and see guitars from Fender, Jackson, Gretsch, ESP, Ernie Ball Music Man, Ibanez, Schecter, and BC Rich! I'm upset with the lack of gibson guitars, as this means we will never see a Les Paul, SG, Firebird, or any of the subsidaries (most notably the Steinberger guitars.)
Gibson shot themselves in the foot. They could have had a piece of the pie that is Rock Band and Guitar Hero, but no.
Hafkie @ Oct 21st 2009 12:25PM
On a side note, I miss those LP guitar controllers. Sure, the detachable neck needed to be hardwired, but those controllers were responsive and tight. Closest thing to a SG controller. The Xplorer was awkward in your lap (with a thin neck)The WT controller had a garbage strum bar. I can't stand the thin necks on Strat controllers. I hear one of the Beatles guitars has a thicker neck, but $100? No way. I also hear the GH5 controller has gone back to a SG/LP strum bar, but I already have the game and I can't get it out of the bundle, so no point there.
Meanwhile Les Pauls go for as low as $30-$40, and all I have to do is hardwire the neck onto the body. You have to put effort into them, but they are perfect. Just call your favorite tech junkie and let him solder it up for ya. A good friend will do it for five bucks, if not free.
Mr. Bungo @ Oct 21st 2009 1:02PM
It'll be interesting to see how this turns out. I think the case has always been pretty bogus. As has been mentioned, Gibson was fine with the Guitar Hero franchise for several iterations, until some bozo in their legal department decided to go for an even bigger peice of that fat music game pie. The delayed action makes it seem purely greed motivated.
I sorta thought it was all settled, especially when I saw licensed Gibson guitars being used by the digital John and George in Beatles Rock Band.
I hope it all gets sorted in Harmonix's favor, so they only need to worry about making great games. And if silly Gibson can shut their greedy traps and get back to making excellent, expensive guitars, all the better there, too.
PSN: John Paul Jones | last.fm http:bit.ly11nCrv @ Oct 21st 2009 1:09PM
I guess an EDS-1275 is out of the question if ever Harmonix releases a Led Zeppelin Rock Band? It would be sweet using the 6 and 12 for Stairway or Song Remains the Same/Rain Song