industry news
Harmonix Respond To Sue Happy Gibson
Posted by Luke Plunkett at 1:20 PM on March 22, 2008
Gibson's first lawsuit against Activision was stupid enough, but subsequent filings against retailers and now Harmonix and MTV show they're clearly suffering from a particularly acute case of STUPID LAWSUIT FEVER. Harmonix are having none of it, and have issued a statement claiming Gibson's suit is "completely without merit".
It is unfortunate that Gibson unfairly desires to share in the tremendous success enjoyed by the developers of Rock Band and Guitar Hero. This lawsuit is completely without merit and we intend to defend it vigorously.[Pic]Gibson's patent, filed nearly 10 years ago, required a 3D display, a real musical instrument and a recording of a concert. Rock Band and Guitar Hero are completely different: among other things they are games, require no headset and use a controller only shaped like a real instrument.

Comments (AU Comments · US Comments)
There are currently no AU comments for this post.
mjpm
Posted 8:02 PM 26/3/08
@kotakumea:
Guitar Hero 7? Since when?
(yeah, I know you forgot to hold shift).
mjpm
kotakumea
Posted 8:02 PM 26/3/08
WTF?!!0! I'll return GH1, 2 7 3 if this goes through..
kotakumea
dead_red_eyes
Posted 8:02 PM 26/3/08
Gibson is no better than a patent troll. Makes me feel even better that I choose not to play their shitty guitars.
dead_red_eyes
BStu
Posted 8:02 PM 26/3/08
I hate to have to say this, but its possible that Gibson is going to win here and it'll be Harmonix and Red Octane's own fault. If the marketing agreement for Guitar Hero also served to validate Gibson's patent, both companies could have a hard time saying "we didn't mean it" now. If the license to use their guitars also stipulated use of their patent, Gibson might have a case. Doesn't mean they are right, mind yo. Its a total BS patent, but it wouldn't be the first time a worthless patent was upheld because someone had already agreed to it. But that would explain how this got started with Activision trying to invalidate the patent. They may have already validated it, which makes it more difficult to later say "never mind".
BStu
ahoahoman
Posted 8:02 PM 26/3/08
Sueing someone who get a lot of money is American tradition.
Traditional honorable American company Gibson truely know it.
ahoahoman
peAr_nectAr
Posted 8:02 PM 26/3/08
Remember when Gibson made awesome guitars, and they were all like rockin' . . . and shit. Yeah, what happened to Gibson in the past five years? They are, very literally, "the man" now.
@Onizuka-GTO: I just have one thing to say to you: "America. Fuck yeah."
peAr_nectAr
Onizuka-GTO
Posted 8:02 PM 26/3/08
I love you Americans and your legal system.
Never a dull moment over there.
wish the UK legal system was this carefree, all we get is serious ones, well except for the RIAA uk branch doing it's usual stuff.
that was fun. but it didn't go anywhere. UK legal system is too boring.
:/
Onizuka-GTO
Bursar
Posted 8:02 PM 26/3/08
I think this highlights the stupidity of the patent system.
Companies come up with these patents, don't use them, and don't license them, and then years on try to sue someone who has an idea that's similar.
If the patent infingement is proved, then too bad to EA and everyone else. But if it's ruled that Gibson sat on this patent, waited for GH and RB to become successful and then sued, the patent should be removed from them and put in the public demand.
Gibson should have their patent application fees refunded to them though. It's only fair :)
Bursar
sickboy1138
Posted 8:02 PM 26/3/08
they're doing this because LOOTS of people can afford a game for 100-200 bux. but how many consumers can afford 3000 for a good guitar
sickboy1138
NDub
Posted 8:02 PM 26/3/08
Gibson is doing it because of the money they had to pay Tonedeff..... yeah.
NDub
Mxylsptlk
Posted 8:02 PM 26/3/08
I used to be a very outspoken Gibson fan, but after all this, I don't think I'll be able to buy another Gibson product again.
and at Taidan... Cool your damn jets dude. Somebody makes a simple point, and you flame the crap out of them and call them stupid? The point made was valid, and he didn't defend Gibson for going after Harmonix. He simply stated a point.
If a statement as simple as that can offend you to that degree, you need to hide under the nearest rock and reassess your definitions of reason.
Mxylsptlk
gifurocks
Posted 8:02 PM 26/3/08
I am just glad I own a Fender. It doesn't come with the guilt of supporting the lawyer frees of patent sue happy guitar makers.
gifurocks
Bokusatsu_Tenshi
Posted 8:02 PM 26/3/08
Oh, so this is why Gibson is sueing Harmonix?
Didn't know it had to do with the game design.
From what they described... it would make more sense if the guys who created DanceDanceRevolution, PumpItUp, or any of those early rhythm games filled a suit instead.
I mean, those games are all exactly the same... only the controlers and choice of music are different. The whole mechanics are exactly the same.
Which doesn't seem to be the case of the Gibson patents or whatever...
Bokusatsu_Tenshi
taidan19
Posted 8:02 PM 26/3/08
@jayntampa: Enough of such blatant fanboyism. The suit is retarded no matter how much, and your wish simply wouldn't happen. It is all or nothing.
I hate stupidity on the internet, which is why I wonder why I go on it.
taidan19
MonkeyBiz
Posted 8:02 PM 26/3/08
This is an act of God, to bring together Activision and Harmonix once again by joining against a common enemy.
MonkeyBiz
Edgehopper
Posted 8:02 PM 26/3/08
See this post on the patent situation in this case. To badasscat--patent law is all about semantics. Harmonix is exactly right here, and I give them a lot of credit for actually explaining why they don't infringe in their press release as opposed to the usual corporate statement that doesn't explain their position. Gibson is definitely in the wrong here, and the case isn't going to settle; it's going to result in summary judgment for the game companies and retailers.
Edgehopper
FANBOY of ceilings
Posted 8:02 PM 26/3/08
@Taco Bell™: It's going to happen, you just watch. Mark my words down in your little book. March 21, 2008: Tim called a collaboration creating ReHarmEActivisAne Guitar Rock Band Hero.
FANBOY of ceilings
Taco Bell™
Posted 8:02 PM 26/3/08
@c-lin' Fanboy: Oh, if only...
*day dreams*
Taco Bell™
Bastard11
Posted 8:02 PM 26/3/08
@Cogito:
Applying for appeals and or counter-suing would be vigorously. As opposed to settling out of court for some monetary compensation.
Bastard11
FANBOY of ceilings
Posted 8:02 PM 26/3/08
@hansamurai: Which would make Phoenix Wrong a prosecutor, no?
FANBOY of ceilings
hansamurai
Posted 8:02 PM 26/3/08
@pastepunkjames: Phoenix Wright is a defense attorney, Gibson is probably more on the look out for someone like von Karma.
hansamurai
pastepunkjames
Posted 8:02 PM 26/3/08
With all these lawsuits, I have to ask: Has Gibson found the offices of Phoenix Wrong?
pastepunkjames
LandMineLandSnake
Posted 8:02 PM 26/3/08
I wonder why people think Gibson is jealous of these people, they are Gibson for crying out loud, a lot of musicians stick by them and use their guitars exclusively . Gibson out to get more money? Of course, all companies do that, if Activision or Harmonix were in Gibson's shoes they would do exactly the same thing.
LandMineLandSnake
FLYBOY611
Posted 8:02 PM 26/3/08
I really hope Harmonix ends up owning Gibson in the face.
FLYBOY611
ca$h
Posted 8:02 PM 26/3/08
@inn1t:
Yes but spending money on a murder trial is something necessary to a healthy functioning society - I don't think anyone minds paying taxes to put criminals behind bars (who deserve it, but that's a WHOLE 'nother tangent :). It's the greed based lawsuits like this that have no place in our courts. I hope you're right and they settle out of court (with Gibson getting the nothing they deserve), but knowing Gibson's reputation they will push this into courts.
ca$h
FANBOY of ceilings
Posted 8:02 PM 26/3/08
I wonder if the people at Gibson realize that even if your lawsuits are all justified, too many lawsuits at once makes you look like you are money grubbing to the public, especially considering the anti-sell-out rock crowd that Gibson caters to. They need to spread these lawsuits out a couple months so everyone forgets about the previous ones.
FANBOY of ceilings
inn1t
Posted 8:02 PM 26/3/08
@ca$h:
It's most likely this won't even end up going to court... rather it will be concluded via settlements through lawyers via e-mail. It is a shame that taxpayers money gets pulled into nonsense like this... but there's a lot worse cases out there than this. Murder trials go on for years, and there's a couple ten's of thousands of those each year. Each new trial that occurs, I assume, takes out a small percentage of the taxpayers money. I'd be complaining about that before a patent war that when compared to the frequency of murder and petty crime trials.
inn1t
jayntampa
Posted 8:02 PM 26/3/08
Actually, Activision sued first ... they tried to get the patent ruled invalid which forced Gibson to file suit.
jayntampa
FANBOY of ceilings
Posted 8:02 PM 26/3/08
@H2oGatesy: THAT'S IT! Gibson doesn't want any money. They are trying to see if Harmonix and Red Octane/ EA and Activision use the enemy of an enemy is a friend philosophy. They are really just trying to get the two to settle their differences and combine forces for one awesome super Guitar Rock Band Hero game with 100% complete backwards compatibility from all previous versions of GH and RB on all systems.
FANBOY of ceilings
thats_that
Posted 8:02 PM 26/3/08
so what the flip is the lawsuit about anyways?
thats_that
H2oGatesy
Posted 8:02 PM 26/3/08
@mjpm:
I thought that was obvious?
H2oGatesy
zakky venom
Posted 8:02 PM 26/3/08
i say! chump change! =)
zakky venom
Lstormy10
Posted 8:02 PM 26/3/08
I guess we are going to see a Triple Alliance against Gibson.
Gibson is just being idiotic with these lawsuits - they could instead be putting out their own branded accessories and/or controllers for Rock Band and Guitar Hero and actually be making money.
Lstormy10
Raziel3333
Posted 8:02 PM 26/3/08
i hope they win agaist activision but not harmonix...yes i like harmonix more what? shut up *walks off*
Raziel3333
Witzbold
Posted 8:02 PM 26/3/08
And this is why I support Harmonix.
Witzbold
ghnvt
Posted 8:02 PM 26/3/08
I wish I new the exact facts of this case. Lawyers might just be trying to make some extra cash with this rediculous lawsuit.
ghnvt
Cogito
Posted 8:02 PM 26/3/08
I can't help but wonder what Gibson's motive behind this move might be. Were they jealous of the cash money Activision and MTV were bringing in? Did they feel like they should have been given the first shake at such a game? Did they just sit on the patent in the hopes that someone would eventually break it?
I guess you could say they were "morally outraged" that Activision might steal thier idea. Or not.
The bottom line is just that: The Bottom Line. At least, that's my take on this mess.
Cogito
ca$h
Posted 8:02 PM 26/3/08
@inn1t:
Yeah it does hurt. It clogs the courts, costs us taxpayers money, costs publishers money that could otherwise go to games, and is just plain old sleazy and unethical.
ca$h
mjpm
Posted 8:02 PM 26/3/08
@H2oGatesy:
Um, Harmonix MADE Guitar Hero I and II before moving to MTV and Rock Band.
mjpm
demonknightinuyasha
Posted 8:02 PM 26/3/08
its nice of gibson to sue activision after they were given all that free advertising seen by the fact that my fucking gh3 controller has a nice big GIBSON at the top of it.
i think the proper term for gibson here is "douchebags"
weren't the GH1 and GH2 controllers also based on gibson designs?
demonknightinuyasha
Cogito
Posted 8:02 PM 26/3/08
Though I applaud them for standing up against patent squatting, I must admit I LOL'd at thier statement. "...defend it vigorously." As opposed to how? Defending it half-heartedly?
Kind of reminds me of A Few Good Men and it's "strenuous objection." :P
Cogito
ca$h
Posted 8:02 PM 26/3/08
GO HARMONIX!! Goddamn that was some pwnage(tm).
ca$h
mikeluisortega
Posted 8:02 PM 26/3/08
They need to limit frivolous lawsuits in the States and revoke the right to sue for repeat offenders. Waiting the time of America's judicial system with such things should be considered obstruction of justice and punishable by law.
mikeluisortega
H2oGatesy
Posted 8:02 PM 26/3/08
umm, this is kinda weird. Rock Band & Guitar Hero are friends now?
Gibson, you so crazy!
H2oGatesy
Fyren
Posted 8:02 PM 26/3/08
Thats awful. I understand the angst of your semi-patent raking in millions for other companies and wants a share of the pie since Gibson did foray into media entertainment with the patent a decade ago.
However, going ballistic and going on a suing spree will not only damper the agenda of the case, it will surely be ignored due to the lack of clear cut disparity.
Fyren
sqwarlock
Posted 8:02 PM 26/3/08
I still don't understand why Gibson filed their first lawsuit to begin with. If they had this patent, then why would they approve the use of their name and products for Guitar Hero?
sqwarlock
badasscat
Posted 8:02 PM 26/3/08
I call "semantics" on Harmonix.
badasscat
excel_excel
Posted 8:02 PM 26/3/08
Harmonix, stern but fair
excel_excel
MasterLeaf
Posted 8:02 PM 26/3/08
Orville Gibson just felt that burn all the way in his grave.
MasterLeaf
inn1t
Posted 8:02 PM 26/3/08
I don't think Gibson will get anything out of this... but it doesn't hurt to try to get a few extra bucks. They can afford the court fees.
inn1t
Jericho114
Posted 8:02 PM 26/3/08
Gibson= /owned
Jericho114
budash2
Posted 8:02 PM 26/3/08
Word, Harmonix. Word.
budash2