03-12-2008, 05:20 PM | #1 | ||
Hall Of Famer
Join Date: Nov 2000
Location: The State of Insanity
|
Gibson threatens patent lawsuit against Guitar Hero
If it wasn't for the fact that it would definitely cover Rock Band as well, and the fact that the patent is REALLLLLLY a stretch, I would be laughing my ass off at the sound of the gracy train for activision possibly screeching to a halt.
http://www.news.com/Activisions-Guit...l?tag=nefd.top Gibson Guitar has told Activision that its wildly popular Guitar Hero video games infringe one of Gibson's patents, and Activision has asked a U.S. court to find the claim invalid. Gibson said the games, in which players press buttons on a guitar-shaped controller in time with notes on a TV screen, violates a 1999 patent for technology to simulate a musical performance. On Tuesday, Activision filed a lawsuit asking the U.S. District Court for Central California to declare Gibson's patent invalid and to bar it from seeking damages. Gibson made its claims in a letter sent to Activision in January, a copy of which was included in Activision's lawsuit. Activision shares closed down 1.14 percent at $26.82 on Nasdaq on Wednesday. The Guitar Hero series has sold more than 14 million units in North America and raked in more than $1 billion since its 2005 debut. Gibson, whose electric guitars are used by legendary blues and rock artists such as Eric Clapton, B.B. King, and Slash, has been a high-profile partner in the Guitar Hero games, with Activision licensing the rights to model its controllers on Gibson guitar models and to use their likenesses in the game. "Gibson is a good partner, and we have a great deal of respect for them. We disagree with the applicability of their patent and would like a legal determination on this," Activision general counsel George Rose said in a statement. Gibson could not be reached for comment. A copy of Gibson's patent included in the court filing showed a method for simulating a live performance using a musical instrument, a 3D headset with stereo speakers, and a prerecorded concert. "Based on our preliminary analysis, the Guitar Hero software (including any expansion packs) and the guitar controller provided by Activision being used as a musical instrument (packaged with the software or sold standalone) are covered by the...patent," Gibson's law firm said in its January 7 letter. "Gibson requests that Activision obtain a license under Gibson's...patent or halt sales of any version of the Guitar Hero game software." Activision said its games did not infringe Gibson's patent, and that by waiting three years to raise its claim, the guitar maker had granted an implied license for any technology.
__________________
Check out Foz's New Video Game Site, An 8-bit Mind in an 8GB world! http://an8bitmind.com |
||
03-12-2008, 07:03 PM | #2 | |
Hall Of Famer
Join Date: Dec 2001
Location: Catonsville, MD
|
Quote:
No, really? [/sarcasm]
__________________
Check out my two current weekly Magic columns! https://www.coolstuffinc.com/a/?action=search&page=1&author[]=Abe%20Sargent |
|
03-12-2008, 08:59 PM | #3 |
College Starter
Join Date: Oct 2000
Location: Berkeley
|
The patent was filed in 1999? When I went to Japan in 1998 I'm pretty sure they already had games like Guitar Hero in the arcades...
|
03-12-2008, 10:01 PM | #4 |
Pro Starter
Join Date: Jul 2003
Location: South Bend, IN
|
I forget if it's waiver, laches, or estoppel, but I think one of those is what Activision is claiming, and I'd guess they've got a pretty good claim for it — particularly considering that Gibson has been involved in licensing designs for the guitars.
__________________
Hattrick - Brays Bayou FC (70854) / USA III.4 Hockey Arena - Houston Aeros / USA II.1 Thanks to my FOFC Hattrick supporters - Blackout, Brillig, kingfc22, RPI-fan, Rich1033, antbacker, One_to7, ur_land, KevinNU7, and TonyR (PM me if you support me and I've missed you) |
Currently Active Users Viewing This Thread: 1 (0 members and 1 guests) | |
Thread Tools | |
|
|