The LA Times reports a panel of judges, agreeing with a lower court ruling, rejected Activision Blizzard's appeal to throw out a suit by the band No Doubt over the use of its images in the game Band Hero. In a classic example of making sure to "read the fine print" on the contract, No Doubt sued after the band felt it was turned into a "virtual karaoke circus act," when its in-game avatars could be used to sing songs that were not its own.
Two years ago, when this whole situation started, the Guitar Hero franchise (and its spin-offs) were adding billions to the Actiblizzard coffers. The Guitar Hero franchise may be dead now, but the lawsuits carry on.
Reader Comments (23)
Posted: Feb 18th 2011 1:03PM Urethra Alfredo said
Gwen Stefani has done a pretty good job of appearing to be a "virtual karaoke circus act" all on her own...
Posted: Feb 18th 2011 1:04PM KillaPat said
Whiny bitches :)
Posted: Feb 18th 2011 1:12PM Blay said
As much as I want to see Kotick lose money I know he would just lay off more people to make up for it.
Undecided on how I want this to go...
Undecided on how I want this to go...
Posted: Feb 18th 2011 1:25PM Guhungus said
While I do like to see Activision squirm, this is a real cheap way for the members of No Doubt to behave.
When have characters ever been used only for specific songs in Guitar Hero games. Typically, they're unlocked - what the hell did they think was going to happen?
They probably only have a handful of songs on the game anyway (I don't know, I haven't played them). What's the point of showing up for a total of 12 mins. of the whole game? You're there to sell the game. Be grateful you're relevant... or were.
When have characters ever been used only for specific songs in Guitar Hero games. Typically, they're unlocked - what the hell did they think was going to happen?
They probably only have a handful of songs on the game anyway (I don't know, I haven't played them). What's the point of showing up for a total of 12 mins. of the whole game? You're there to sell the game. Be grateful you're relevant... or were.
Posted: Feb 18th 2011 2:02PM spikeylee said
@Guhungus
Not that I don't agree that all characters should be playable in all modes, it has happened before where a character is locked to only their own songs; Guitar Hero World Tour did this with the Jimi Hendrix avatar. If one of his songs appeared in your set list, your character would automatically be switched to Jimi.
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Not that I don't agree that all characters should be playable in all modes, it has happened before where a character is locked to only their own songs; Guitar Hero World Tour did this with the Jimi Hendrix avatar. If one of his songs appeared in your set list, your character would automatically be switched to Jimi.
Posted: Feb 18th 2011 1:30PM vidguy said
They had a really weak legal argument (artistic license) on that motion. I'm guessing they are getting close to a motion for summary judgment, which Activision should win. The contract seemed pretty clear on the use of the characters in the game. The only real question is whether there was fraud involved in getting that into the contract.
Posted: Feb 18th 2011 4:41PM vidguy said
@vidguy
Nope. Activision moved to dismiss. This is a preliminary motion to get the court to throw out the suit for some deficiency, usually because the plaintiff has failed to state a real legal claim.
A motion for summary judgment occurs later, when a good amount of evidence has been produced. The court then will actually decide the case for one of the parties, based on that evidence, without a jury. It can only happen when the parties have agreed on the facts and only need a legal resolution.
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Nope. Activision moved to dismiss. This is a preliminary motion to get the court to throw out the suit for some deficiency, usually because the plaintiff has failed to state a real legal claim.
A motion for summary judgment occurs later, when a good amount of evidence has been produced. The court then will actually decide the case for one of the parties, based on that evidence, without a jury. It can only happen when the parties have agreed on the facts and only need a legal resolution.
Posted: Feb 18th 2011 1:32PM nandokun said
Is this even the band that cares about this? Or is this the band's management trying to make a buck suing?
Posted: Feb 18th 2011 1:33PM HardBoiled2009 said
I hope No doubt wins. FU Kotick !
Posted: Feb 18th 2011 1:40PM mietha said
This suit has no basis and should have been thrown out. The members of No Doubt have zero chance of winning anything.
Posted: Feb 18th 2011 8:46PM PointlessPuppies said
@mietha I love the part where you posted irrefutable evidence to back up your claims.
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Posted: Feb 18th 2011 1:41PM (Unverified) said
this shit is bananas
Posted: Feb 18th 2011 11:36PM darkinchworm said
@Russet Burbanck
Please no.
But Russet dude, really, I'm just commenting because of your avatar. +7
Reply
Please no.
But Russet dude, really, I'm just commenting because of your avatar. +7
Posted: Feb 18th 2011 2:03PM wcarnation said
The fact you could use characters on any song, or characters at all, was really stupid and another terrible nagging point of the terrible Guitar Hero series
I'd like No Doubt to win just to stamp out crap like that
I'd like No Doubt to win just to stamp out crap like that
Posted: Feb 18th 2011 2:15PM SuperAngryMeatBirdBoy said
The Show Must Go On.
Posted: Feb 18th 2011 2:28PM Chico said
If I were the judge, I'd a single issue to ask of No Doubt's lawyers:
Do you intend to sue every arcade, karaoke bar, or other establishment that has Guitar Hero available, and is thus using your likeness for their own gain? What about if they have Rock Band and created avatars that look like and are named after your band's members? Is this really the direction you want your image to be taken, that it's more about something due you than about your fans getting to enjoy your music in a new way?
Do you intend to sue every arcade, karaoke bar, or other establishment that has Guitar Hero available, and is thus using your likeness for their own gain? What about if they have Rock Band and created avatars that look like and are named after your band's members? Is this really the direction you want your image to be taken, that it's more about something due you than about your fans getting to enjoy your music in a new way?
Posted: Feb 18th 2011 2:34PM ObiAlKenobi said
I hope Activision loses.
Posted: Feb 18th 2011 2:42PM Admiral White said
Ouch, talk about coming back to haunt you from the grave.
Either way, I'm not sure if this lawsuit will still hold considering how long it has been since it first appeared and how the Guitar Hero franchise is now dead.
Either way, I'm not sure if this lawsuit will still hold considering how long it has been since it first appeared and how the Guitar Hero franchise is now dead.
Posted: Feb 21st 2011 9:23AM Rocketboy said
Who is this No Doubt? Are they a band or something?
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