Activision countersues No Doubt, which is likely not feeling 'Hella Good'

Last month, the extremely certain pop-rock outfit No Doubt sued Activision for allowing their likenesses to be used in Band Hero, where players could perform the game's entire catalog of songs as the Stefani-fronted group. According to the complaint, this feature turned the band's appearance in the game into a "virtual karaoke circus act." Earlier this week, The Hollywood Reporter dug up a countersuit filed against the band by Activision, who claimed No Doubt was in breach of a contract between the two parties, and had reaped unjust enrichment as a result.

Activision's main response to No Doubt's claim is that that the band requested their likenesses be limited to perform the band's own songs in-game -- however, it made this request "only after the Band Hero programming was finalized." Activision seeks an unspecified amount of damages and interest from the band, as well as court and attorney fees, and a return of all payments dispersed to the band for their initial involvement. Jeez, Activision. Might as well go ahead and ask for the kitchen sink while you're at it.

[Via GamePolitics]

Reader Comments (73)

I can see it both ways.

sure, the likeness isn't defined well... but surely if they 'used their likeness' to, for example, do something outside the realm of what they would do (ie, had them make obscene gestures, or shoot laser beams out their eyes) it would be outside the scope of likeness.

by that same token, making them sing songs they'd never sing in real life is... outside their likeness.

i don't know, i'm not a lawyer. contracts are usually far wordier than this for this very reason.

Hmm yeah, it's interesting to think how far Activision could push it. Would this open provision of using their likeliness however they like allow them to have a digital Gwen Steffani take a dump in digital Taylor Swift's mouth while playing the banjo?

Because either they have full right to do that sort of thing, or there's some kind of limits of respectable usage, which could be all open to interpretation.

Most likely, Activision agreed to whatever they asked (That their likeness would only be used for their own songs.) in pre-contract discussion, however when it came to the final contract, that's not what it said.

According to the LGJ that talked about this case, it's perfectly legal, and up to both parties to make sure they are happy with what's in the final contract that is signed.

That's true (it's called the parol evidence rule http://en.wikipedia.org/wiki/Parol_evidence). What will be interesting is what kind of documentation ND can produced as to their restrictions. If Activision never signed off on restriction the use to only their songs, they will be in the clear.

If Activision keeps taking artists to court it wont take long before many artists refuse to allow their music onto the "Hero" platform. Good news for Rock Band, bad news for "Hero".

Which sounds like good news all around.

Oh Activision, you used to be cool...

CHINA STILL COOL

@CloudStrife

YOU PAY LATER!!! LATER!!!!!

Maybe No Doubt and activision can sue each other into oblivion... or better yet....
Yeah God forbid I buy a band game and can use the characters to sing other songs.... that would be like buying Madden and trading Tom Brady to the saints and playing that way....oh wait...

if no doubt wasnt in a band they would be asking if I want fries with that... and yes i do want fries thank you very much

What are you talking about...?

wat

So counter suing N.D, and possibly losing future deals ? All because they claim she costs them a few bucks? It might of been millions or thousands, but they're making themselves look bad. Like assholes, though I can see their point; its just not financially smart in the long run. fuck em' both just a way to get more sales imo=P

Damn, I guess no more No Doubt DLC? There are some solid tunes not included in the RB2 track pack that I don't think we're ever going to get now.

Interestingly, there's a No Doubt song scheduled for GH5 New Years DLC. Must have been licensed before shit hit the fan.

Activision is just suing No Doubt to try and get Leverage against the group. Activision knows they made a mistake and are now trying to get off Scott free.

Wow first Activision starts to screw up the video game industry. Not intent with destroying just one industry, they move on to the music industry.

If this isn't proof that Bobby Kottick is going to destroy the world, then I don't know what is.

I wouldn't be surprised if he was behind global warming also.

Frankly, I don't like No Doubt or Activision... so I couldn't care less about who wins.

consumers should be suing for having a shit band like No Doubt included in the game to begin with

hope activision sue every fucking group that tries to weasel their way out of them signed contracts. OFF TOPIC OFF TOPIC DON'T HAVE THE MOVIE LOST IT , BUT WHAT WAS THE MOVE BEATRICE USED ON BILL AT THE END .CAME UP IN A GAME OF TRIVIA .

Well this isn't quite the travesty of all that is good and moral in the world as when they brought KC back from his eternal rest to spend an eternity in video game hell singing Bon Jovi and Taylor Swift songs and dancing around like a fucking fool..

But it still sucks for them, I honestly don't even know why Activision made it possible to use artists to sing other bands' songs.. I personally wouldn't give a shit if I couldn't do that..

In fact I'd kinda prefer it to be honest.. it's just weirdly unnecessary imo..

Anyways, I'm sure Acti will win this legal battle. Just look at that contract.

They finished fucking over ND before they even realized it, it's right there in the fine print.

I was just about to post the same thing. I still don't get why.

@kevin:

dude, that move was the Five Point Palm Exploding Heart Technique.

Wow that's a really smart move. Suing Musical Groups. Because you'll have tons of groups looking to sign-up with Activision and Guitar Hero after this. They won't be going towards Harmonix & Rock Band at all.

Previous 50 Comments

Activision countersues No Doubt, which is likely not feeling 'Hella Good'

Reader Comments (73)

Posted: Dec 9th 2009 5:45PM ferret said

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