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LGJ: Read the fine print!
by Mark Methenitis 
{ Nov 7th 2009 at 2:00AM } 
Each week Mark Methenitis contributes Law of the Game on Joystiq ("LGJ"), a column on legal issues as they relate to video games:
Well, after the incident with Courtney Love and Kurt, it looks like the whole issue of famous musicians in games is back in the press with No Doubt suing Activision over Band Hero. A one time event is an anomaly, but twice in just a few months suggests something else. Of course, both of these all tie back to the contract, and since I'm a transactional attorney who spends the majority of most days negotiating and drafting agreements like these, I'm hoping I can shed a little light on what might be causing the problems. Since I wasn't involved in these particular negotiations nor have I read these contracts, all of what I'm presenting is speculation.
But before I begin, I suppose I should answer the simple question, "What is a contract?" I assume that most people reading this have at least some idea, but just in case, it's worth describing in detail. A contract is a legally binding agreement between two parties to perform certain promises in the future. In theory, to form a contract there are five elements: Offer and acceptance, consideration, intent, capacity, and formalities. In reality, it's fairly simple. The parties must have a meeting of the minds, that is agree to the same terms, which is often viewed as an offer by one party and acceptance by the other. Each party must put up something of value, called consideration, for the contract to be valid. The parties must intend to enter into a contract, and be of the appropriate mental capacity to enter into the agreement. And then the agreement is generally recorded in writing, as most jurisdictions have rules that require written agreements, which is then signed by the parties. And that is how a contract is born, in theory anyway.
Well, after the incident with Courtney Love and Kurt, it looks like the whole issue of famous musicians in games is back in the press with No Doubt suing Activision over Band Hero. A one time event is an anomaly, but twice in just a few months suggests something else. Of course, both of these all tie back to the contract, and since I'm a transactional attorney who spends the majority of most days negotiating and drafting agreements like these, I'm hoping I can shed a little light on what might be causing the problems. Since I wasn't involved in these particular negotiations nor have I read these contracts, all of what I'm presenting is speculation.
But before I begin, I suppose I should answer the simple question, "What is a contract?" I assume that most people reading this have at least some idea, but just in case, it's worth describing in detail. A contract is a legally binding agreement between two parties to perform certain promises in the future. In theory, to form a contract there are five elements: Offer and acceptance, consideration, intent, capacity, and formalities. In reality, it's fairly simple. The parties must have a meeting of the minds, that is agree to the same terms, which is often viewed as an offer by one party and acceptance by the other. Each party must put up something of value, called consideration, for the contract to be valid. The parties must intend to enter into a contract, and be of the appropriate mental capacity to enter into the agreement. And then the agreement is generally recorded in writing, as most jurisdictions have rules that require written agreements, which is then signed by the parties. And that is how a contract is born, in theory anyway.
Allow Activision to introduce you to Taylor Swift
by Ben Gilbert { Nov 5th 2009 at 5:29AM } 
If you purchase a copy of Band Hero in the month of Novemeber (why, that's this month!), you can enter for a chance for two to meet Taylor Swift. Alright, alright, now calm down. You're panting. It's going to be alright. After you pick up your copy of Band Hero tonight, slowly remove the instruction manual from the inside of the game box and simply enter the code from its back at this website. According to the site, you could supposedly win some other stuff or something, but whatever.
No Doubt suing Activision for Band Hero 'circus act' appearance
by Xav de Matos { Nov 4th 2009 at 4:40PM }
Of particular note is lead singer Gwen Stefani's displeasure that her likeness can be used to sing "Honky Tonk Woman" by the Rolling Stones -- a song which references sex with prostitutes -- using a male voice and mannerisms. For its "circus act" inclusion, No Doubt is seeking an injunction to halt the "unauthorized use" of the band's name and likeness, as well as an unknown amount of damages (aka mad monies). Seems like Activision can't keep rock stars happy, dead or alive.
[Via TeamXbox]
Nintendo World Store holding Band Hero launch event tomorrow
by Xav de Matos { Oct 31st 2009 at 11:45PM }
No, that isn't your high school gym teacher (pictured right), that's Weezer front man Rivers Cuomo and he's joining with Nintendo to help launch the upcoming Pop-centric music title, Band Hero. Tomorrow, November 1, beginning at 11AM (EDT) at the Nintendo World Store in Rockefeller Plaza, players will have a chance to play both the Nintendo Wii and DS versions of the game before lining up for an exclusive autograph session with the singer from 3PM to 4PM.Need more incentive to join the party? The first fifty players in line will walk away with a pre-release copy of the game to call their own and other random giveaways. Finally, you yourself can interrupt your sister's Taylor Swift karaoke sessions in homage to Kanye West's VMA performance. We call that, "emergent gameplay."
Buy 2 Wii games, get 1 free at Target starting Nov. 1
by Richard Mitchell { Oct 30th 2009 at 10:00PM }
Target is also offering a deal on Band Hero starting November 3 and running through next week. Those that pick up any version of the Band Hero bundle ($199) will get a free $20 gift card along with it. That should be just enough to buy supplies for the Taylor Swift party you will no doubt be forced to throw.
Guitar Hero 5: November DLC
by Griffin McElroy { Oct 30th 2009 at 3:00PM }
($2, 200 Wii Points) per song, 440 ($5.50, 550 Wii Points) per three-song pack pricing structure of last month's releases.In addition, on Nov. 5, players will be able to import 61 of Band Hero's tracks into Guitar Hero 5 for 400
($5, 500 Wii Points), or 69 of Guitar Hero 5's tracks into Band Hero for 480 ($6, 600 Wii Points). Hooray for sharing!Band Hero's DS 'drum skin' in action
by JC Fletcher { Oct 28th 2009 at 9:50PM }
The buttons that go on top of the DS's buttons are only one of the selling points espoused in this trailer. Band Hero's extensive track list and flexible multiplayer (just like in the console version, you can combine instruments in any configuration) get lip service too. But they aren't as noticeable as that thing you put on the DS to play drums.
Full Band Hero track list, importable songs revealed
by Griffin McElroy { Oct 19th 2009 at 10:34AM } 
Man, we're seriously too nice for our own good.
DS/Wii connectivity in Band Hero detailed
by David Hinkle { Oct 16th 2009 at 1:45PM }
Building on the social aspect of the rhythm game experience, DS Party Play allows one to use an empty DS to set up and edit custom playlists while folks rock out on the TV and can even produce some trivia for those wanting to exercise their brains along with their voices, fingers and -- whatever it is you tap to play drums in these games. Gamers will even be able to adjust the difficulty of songs on the fly, with each notification popping up on the TV so that everyone knows it was you who picked that Evanescence song. What? They need to know so they can congratulate you for choosing such a great song. We're not being sarcastic at all!
Band Hero demo walking on Xbox Live
by Richard Mitchell { Oct 15th 2009 at 12:00PM }
- Finger Eleven - "Paralyzer"
- Katrina & The Waves - "Walking on Sunshine"
- Taylor Swift - "Picture to Burn"
David Bowie, Styx, Yellowcard & others join Band Hero
by Justin McElroy { Oct 1st 2009 at 10:44AM }
Also, do we have any volunteers to dive into the belly of Band Hero and rescue the totally awesome "In a Big Country" Saving Private Ryan–style? It ... it doesn't deserve this.
Be that guy from Maroon 5 in Band Hero
by JC Fletcher { Aug 19th 2009 at 12:30PM }
Activision announced today that the singer has joined Taylor Swift as a playable character in the Guitar Hero sequel. Players will be able to guide Pseudo-Levine through Maroon 5's ubiquitous hit song "She Will Be Loved."
Guitar Hero 5 allows song imports from previous games, features playable Johnny Cash
by Griffin McElroy { Aug 8th 2009 at 11:00AM }
For those who aren't particularly thrilled by this piece of news, try this one on for size: Johnny Cash will be a playable character in Guitar Hero 5. There's a video of the black-suited man performing "Ring of Fire" after the jump. We suggest checking it out -- but only if you like things that are completely badass.
Taylor Swift joins Band Hero, your daughter's head explodes
by Justin McElroy { Aug 4th 2009 at 1:02PM }
No, you may not care, but if you've got a daughter of any age, we've got big news: You're going to be buying Band Hero. Or at least you would have, had her head not just exploded.
Band Hero DS attachments revealed, gameplay details
by Griffin McElroy { Jul 23rd 2009 at 1:16PM }
Click for life-size DS!
If you and your bandmates are ready to take your five-star show on the road, get ready to grab your DS Lites and crank the speakers up to elev ... well, push the little volume switch all the way to the right. Activision's Band Hero is coming to the DS, and includes four-player ad-hoc for full-band rocking. Players can use the On Tour guitar attachment, drop some vocals on the system's built-in mic, or use the drum skin attachment pictured above to supply the percussional accompanyment.
There's just one minor caveat -- if you've already upgraded to the DSi, then you're S.O.L. Not only will the guitar attachments not be able to plug into the GBA cartridge port that the system doesn't have, the drum skin won't fit on the handheld's svelte frame. Sorry, early adopters!
