Gibson........

[jb4674]

I just read this on ZDNet. This is just too amusing!

Anyone got any thoughts on the subject?

Jimmy


Gibson sues over 'Rock Band,' 'Guitar Hero'

NEW YORK--Gibson Guitar said on Friday that it filed a patent infringement lawsuit against Viacom Inc's MTV networks, Harmonix and Electronic Arts relating to the wildly popular "Rock Band" video game and Harmonix's previously developed game, "Guitar Hero."

The lawsuit, filed in Federal District Court in Tennessee, relates to the same patent involved in another suit Gibson filed earlier against various retailers of "Guitar Hero," a competitor to "Rock Band," the Tennessee-based guitar maker said in a statement.

The "Guitar Hero" series, published by Activision, has sold more than 14 million units in North America and raked in more than $1 billion since its 2005 debut, while "Rock Band" is a newer rival.


Gibson said the games, in which players use a guitar-shaped controller in time with notes on a television screen, violate a 1999 patent for technology to simulate a musical performance.

Harmonix developed the first "Guitar Hero" game and was later bought by MTV. Electronic Arts publishes "Rock Band" and another company, Activision Inc, as well as several retailers, either develop, distribute or sell one or several of the games in the "Guitar Hero" series.

"This lawsuit is completely without merit and we intend to defend it vigorously," Harmonix said in a statement.

A spokesperson for Electronic Arts could not be reached for comment.

Earlier this month, Activision filed a preemptive suit against Gibson, which had complained that the games infringe upon one of its patents.

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, 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.

Activision licensed the rights to model its video controllers on Gibson guitar models and to use their likenesses in the game.

Activision has said that by waiting three years to raise its claim, Gibson had granted an implied license for any technology.

[scotte_za]

Didn't they get permission from Gibson for the Guitar Hero controllers? Anyways, maybe this is a good way to get people to buy real guitars instead (hopefully Ibanez's rather than Gibsons though )

[DEADTUNES666]

Originally Posted by scotte_za

(hopefully Ibanez's rather than Gibsons though )

right with you man

[Davidmurry222]

yeah it definitely gets kids to buy the real guitars. I overheard a conversation at a local music store where a kid, around 13 or so, wanted a gibson SG as his first guitar bc it was the guitar from guitar hero.

[losgatosrg350dx]

i completely agree with the lawsuit, if gibson filed a patent - its not what should be over looked, its just that in the game and the controler, bear a resombolance, and in teh game, playing a guitar(gibson) is simulating the unit. therefore exploiting the trademark gibson guitar is a fashion that gibson probably wouldnt condone without royalties

props for gibson i hope they win this one

i wouldnt want my trademarked item to be exploited in thsi fashion without royalties

[Rotti]

It's just business.

[michblanch]

The headstock on my sons plastic Guitar Hero controller says "GIBSON".

In the exact same way Gibson writes theirs.

[David McCarroll]

Originally Posted by michblanch

The headstock on my sons plastic Guitar Hero controller says "GIBSON".

In the exact same way Gibson writes theirs.

Yes, totally endorsed by Gibson migth I add, who no doubt receive some kind of royalty on every guitar controller sold.

I really seriously cannot understand what this is about ...... oh, yeah, as someone pointes out ..... business ........

[kotornut]

This isn't about "Guitar Hero" being sued it's about "Rock Band" being sued right?

[Lefty Robb]

Its only because there not making enough of a cut off it...end of story..

[elcid]

On one hand, if Gibson had the patent first and the game is too close to what they patented they have every right to sue. On the other hand they could've put a stop to this when GH came to them for permission to use Gibson guitars in the game.

I think the concept of Gibsons game is the same as GH, but the execution is completely different.

[jim777]

Originally Posted by losgatosrg350dx

i completely agree with the lawsuit, if gibson filed a patent - its not what should be over looked, its just that in the game and the controler, bear a resombolance, and in teh game, playing a guitar(gibson) is simulating the unit. therefore exploiting the trademark gibson guitar is a fashion that gibson probably wouldnt condone without royalties

props for gibson i hope they win this one

i wouldnt want my trademarked item to be exploited in thsi fashion without royalties

You got this backward. Gibson isn't suing over the shape of the guitars or what they might say on the headstock, it's totally about technology. Specifically, "technology to simulate a musical performance". Gibson's patent is currently legal, but probably also overly vague and far reaching. It may end up being tossed. For Gibson to sue at this late juncture (they've licensed the controllers, so they were definitely aware of what was going on and how it was going on) is a bit baffling though. Gibson is making money from these games, and these two lawsuits stink of 'killing the golden goose'. Makes you wonder if they could really be as stupid greedy as they seem. They embarassed themselves in the PRS lawsuit, so I have grave doubts about their legal competency.

[jb4674]

If I recall correctly, and to add up to Jim's point; Gibson's patent involved using a 3D display, a real guitar, real notes being played on the instrument not buttons and some sort of interface that allows for the guitar to merge with the game itself. GH and RB do not have that kind of process going on IMO.

Jimmy

[rvai]

I canīt believe that there is people who think they are musicians because they can play through the fires and the flames in GHIII, thats bull**** and they should learn how to pay a REAL instrument

[losgatosrg350dx]

dude its a joke to me

but still, there are conceptual ideas, that do belong to gibson
so the idea is, royalties....so what wouldnt you do the same if you were running gibson...i would....