Guitar manufacturer Gibson’s grand plans to sue Activision over its Guitar Hero series have been dashed, as the District Court for the Central District of California has ruled against Gibson, denying its patent infringement claims.
It’s difficult to see Gibson and Harmonix/MTV fight over patents—like watching your once ice-cream-loving parents argue about the financial merits of eating in—the fun has been sucked from dessert and nothing that Bryers can say will fix it.
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”.
After slapping retailers selling Guitar Hero with a lawsuit, Gibson today said it has also filed suit against EA and MTV, publisher of Rock Band and parent company of Harmonix, respectively. While the Reuters report doesn’t mention Rock Band by name, which happens to use Fender brand guitars and controllers, the suit may implicate the EA/MTV Games title as violating Gibson’s patent for simulating an on screen musical performances. It is, after all, simply a better Guitar Hero. Let’s hope Guitar Centre has a big Gibson blow out sale this weekend, setting the manufacturer up with some obviously much needed cash.
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.
Last week, Guitar Hero III came out in Japan. The game sold something like 3,000 copies fore both the PS3 and the PS2. Ouch. Not surprising as guitar-based music games were popular in Japan nine years ago. Nine years ago? As game site Next Generation points out, that’s the same number that guitar manufacturer Gibson pulled out for its legal suit. As Next Gen points out:
It would appear that Harmonix isn’t the only Activision partner who has is in a legal tiff with the publisher. Guitar manufacturer Gibson, whose guitar body styles are licensed for Guitar Hero controllers, says Activision is infringing on a nine year old patent for technology to simulate a musical performance. Reuters reports that Activision has in turn filed suit in federal court to render that patent claim invalid.
According to the report, Gibson sent Activision a letter in January requesting that the Guitar Hero pub apply for a license or stop selling the game. Activision essentially responded, “We thought since you didn’t say anything about it, we were cool”. Then it went in for a high-five/extended secret handshake thing. It was awkward.
Activision’s “Guitar Hero” violates patent: Gibson [Reuters]
