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Gibson Sues Guitar Hero Retailers "Reluctantly"
Posted by Michael McWhertor at 12:40 PM on March 21, 2008
The feud between Guitar Hero publisher Activision and guitar manufacturer Gibson raged on today, with Gibson responding to Activision's statement from earlier today. Activision implied that Gibson cried patent violation only after the marketing agreement between the two fully dissolved, and that it believes "Gibson's claims are disingenuous and lack any justification."
Gibson publicly fired back this afternoon, saying that it filed suit reluctantly and "is required to protect its intellectual property and will continue to do so against any other person in accordance with the law and its rights." The full statement about all this hubbub, from Gibson's perspective is after the jump.
Press Statement from Gibson Guitar in Regards to Guitar Hero Retailer LawsuitNASHVILLE, Tenn.--(BUSINESS WIRE)--On Monday, March 17th, Gibson Guitar Corp. brought a lawsuit against various retailers, which are selling Guitar Hero products that are infringing on one of Gibson Guitar's U.S. patents. Gibson Guitar took this action reluctantly, but is required to protect its intellectual property and will continue to do so against any other person in accordance with the law and its rights.
Gibson had tried to settle this issue by negotiating directly with Activision as soon as the patent filed through one of Gibson's divisions was discovered and validated by outside counsel. Activision chose to initiate litigation without notice to Gibson. Now Gibson must pursue enforcement of its patent which predates the launch of the Guitar Hero game by several years.
Gibson is known worldwide for producing classic models in every major style of fretted instrument, including acoustic and electric guitars, mandolins, and banjos. Gibson's HD.6X-PRO Digital Guitar and the Gibson Robot Guitar represent the biggest advances in electric guitar design in over 70 years. Founded in 1894 in Kalamazoo, Michigan, and headquartered in Nashville since 1984, Gibson Guitar Corp.'s family of brands now includes Epiphone, Dobro, Maestro, Kramer, Steinberger, Tobias, Echoplex, Electar, Flatiron, Gibson Baldwin Music Education, Slingerland, Valley Arts, Maestro, Oberheim, Sunshine Piano, Take Anywhere Technology, Baldwin, J&C Fischer, Chickering, Hamilton, and Wurlitzer. Gibson's website is www.gibson.com
Comments (AU Comments · US Comments)
There are currently no AU comments for this post.
NineTentsDojo
Posted 7:59 PM 26/3/08
So, does no one else think it's strange that the last half of Gibson's "statement...in Regards to Guitar Hero Retailer Lawsuit" is essentially an advertisement for Gibson?
Methinks that the game is afoot.
NineTentsDojo
ach77
Posted 7:59 PM 26/3/08
You know, when someone is suing you for millions of dollars, it really doesn't make things any better for them to say that they're *reluctantly* suing you for millions of dollars. Just sayin'.
ach77
The Amazing Exploding-Man
Posted 7:59 PM 26/3/08
@freakoflink: LOL dude. EA not evil. Yes, the big blob that devours and sucks the life out of other developers is not evil. Neither is Satan, Hitler, or the RIAA.
The Amazing Exploding-Man
TrevWolf
Posted 7:59 PM 26/3/08
@Demaar: And here was me hoping for an annual series of 70/80's Hair-band themed games too. With some really, really disturbing 3D character models thrown in.
TrevWolf
coach_mcguirk
Posted 7:59 PM 26/3/08
Gibson = the late 80s Atari of the guitar world? (i.e. retrospectively suing based on extremely vague patents from the past).
coach_mcguirk
Grekomon
Posted 7:59 PM 26/3/08
@freakoflink: My GH3 for 360 controller says Gibson on top.
Grekomon
bwwardiii
Posted 7:59 PM 26/3/08
@Demaar: YES! Thats perfect! Hopefully this distracts them and drains them of enough money to make them NOT put extra little crap games out there. Although... If you think about it. Guitar hero Aerosmith is a LOT quicker and cheaper to make than GH4... so... Unfortunately this may have the effect of even more "gimmicky" stuff like GH: Aerosmith and less work on GH4... If it even has the drastic enough of an effect at all.
bwwardiii
Demaar
Posted 7:59 PM 26/3/08
We can only hope that this ends Guitar Hero Aerosmith.
Demaar
SeedyROM
Posted 7:59 PM 26/3/08
Yet another reason I love my Fender.
SeedyROM
ca$h
Posted 7:59 PM 26/3/08
@last_dread:
Whatever Voldemort
ca$h
The Cat With Two Heads
Posted 7:59 PM 26/3/08
Good thing Guitar Hero is completely obsolete now that Rock Band came along
The Cat With Two Heads
TheFlyingB
Posted 7:59 PM 26/3/08
As a person in the music instrument sales field, these games are paid by Gibson for their guitars to be in them. Krank amplifiers used a game and Metalocalypse product placement to build their product from nowhere. There was basically a bidding war to sponsor Rock Band after seeing what GH did for it's sponsors. Gibson has used these tactics for years. TONS of advertising, mediocre product. They also sue other companies left and right. This is far from the first time they've started a sue war that made no sense. Look a few years ago when they sued PRS for basically making a guitar. This is pretty much par for the course.
TheFlyingB
last_dread
Posted 7:59 PM 26/3/08
yess...YESSSSS...
and so the demise of guitar hero begins
last_dread
freakoflink
Posted 7:59 PM 26/3/08
@Pornosaur: Yeah, it does. And the newest GH controller has a "Kramer" logo on the headstock, which is a subdivision of Gibson.
freakoflink
Pornosaur
Posted 7:59 PM 26/3/08
This is why Metroid 2 home gfx make over can get taken out by the laywers.
If I recall the "Guitar Hero" controllers have no branding on them what so ever, it's just a guitar, it doesn't say gibson at the head of the neck. Suing retaliers is a back door tatic of course, interesting on how this plays out.
Pornosaur
NPlace
Posted 7:59 PM 26/3/08
I bet they're not suing THAT reluctantly.
NPlace
freakoflink
Posted 7:59 PM 26/3/08
@Polywhirl: lol dude - its not about the name - they WERE paying Gibson for the right to have their instrument licensing. It is the peripheral.
freakoflink
freakoflink
Posted 7:59 PM 26/3/08
EA's definitely not evil.
In game adverts? I could give a shit. EA owns some of the biggest developers in the business, and most of them produce really good games; though, not bereft of shovelwear.
But anyways -
Gibson's pulling a dick move with this; it's pissing me off. Why would they wait this long? I'm sure they are just trying to capitalize on the recent success of the Guitar Hero brand name. I mean really - what about that Arcade guitar game in Japan made by Konami? Or the variety of other "electronic guitar simulators" as Gibson calls them.
freakoflink
Drake Lake
Posted 7:59 PM 26/3/08
@Polywhirl:
I did it without the insult though :3
Drake Lake
Polywhirl
Posted 7:59 PM 26/3/08
@DrakeLake: @y2julio: Man, I somehow just really misread the original article.
...I don't even know how I managed to do that.
Brain fart?
Polywhirl
jayntampa
Posted 7:59 PM 26/3/08
That line "Activision chose to initiate litigation without notice to Gibson" is the most interesting one. It'll be interesting to see how this pans out.
jayntampa
RickyTV
Posted 7:59 PM 26/3/08
That's one intense game of Pong going on there.
RickyTV
y2julio
Posted 7:59 PM 26/3/08
@Polywhirl: Um no. Have you been following this lawsuit or are you just grasping at straws from the sky?
[www.reuters.com]
y2julio
Drake Lake
Posted 7:59 PM 26/3/08
@Polywhirl:
[kotaku.com]
???
Drake Lake
MonkeyBiz
Posted 7:59 PM 26/3/08
Guitar Freaks was made before the patent from Gibson. Gibson saw the success of Guitar Freaks and basically patented the game. I suspect they waited until now since...
Activision was paying licensing fees to Gibson over model and brand use
Activision no longer wants Gibson in their party and/or wants to pay less.
The bookie doesn't break your legs until you stop paying him......
MonkeyBiz
boxofthegods
Posted 7:59 PM 26/3/08
@Adam:
I've been wondering about this for some time, I wonder if gibson brought the issue to harmonix and mtv parent company paid what ever fee was neccsary.
@Erwin:
They didn't sue over guitar freeks because it not out in america, I'm fairly certain that patents are only vaild in the country that they are filed in but don't quote me on that.
boxofthegods
Polywhirl
Posted 7:59 PM 26/3/08
@Adam: They're suing GH for the likeness and name-brand rights, not the toy guitar itself.
Rock Band uses Fender, and they're paying them their licensing fees.
The problem is, Activision wasn't paying Gibson license fees for using the Gibson logo in-game.
Polywhirl
mpdrec
Posted 7:59 PM 26/3/08
Maybe they didnt sue Guitar Freaks because their patent was a US patent and doesn't apply to games made in Japan?! Just speculation, if someone knows the answer please feel free to let me know.
mpdrec
Adam
Posted 7:59 PM 26/3/08
Uh... what about Rock Band? Don't they use the same basic toy guitar technology?
Adam
cybereality
Posted 7:59 PM 26/3/08
Confirmed: Fender Sponsors GHIV
cybereality
fuchikoma
Posted 7:59 PM 26/3/08
Argue that it was an inevitable discovery.
Point to Guitar Freaks.
Point out how the Gibson patent was clearly not the basis for GH or GF.
???
PROFIT!
fuchikoma
Erwin
Posted 7:59 PM 26/3/08
This is clearly money related Gibson. I sure didn't see them sue over Guitar Freaks, which was nowhere near as popular. I'm just confused as to why they're doing this now, well after having their brand and guitars all over the previous successful iterations.
@Redface, The Dark Messiah of Justice: See what? Please explain.
Erwin
Agies
Posted 7:59 PM 26/3/08
This is some kind of magical bullshit. There's no reason they have to sue retailers.
Agies
daizyujin
Posted 7:59 PM 26/3/08
Gibson can suck my dick.
daizyujin
Redface, The Dark Messiah of Justice
Posted 7:59 PM 26/3/08
See? This is why Activision is more evil than EA.
Redface, The Dark Messiah of Justice