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4K views 21 replies 17 participants last post by  Ibateur 
#1 ·
I just read this on ZDNet. This is just too amusing!

Anyone got any thoughts on the subject?

Jimmy:smile:


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.
 
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#5 ·
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
 
#12 ·
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.
 
#11 ·
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.
 
#13 ·
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:smile:
 
#18 ·
I hope Gibson fails once again. This has been happening to much as of late. People making these vage pattents so they can sue people. Even more so being that Gibson waited till these games were making big money to say anything and then being part of it by letting them use the Gibson logos and shapes!

You have to admire Ibanez for just selling guitars.
 
#21 ·
They're just sore because Rockband has Fender replica controllers. I dunno which is selling better. I have guitar hero 3, it's a fun game. I never thought there would be any legal issues since if i'm correct. The company that made guitar hero 1 and 2 is now making rock band and passed on guitar hero 3 because they were working on rock band and handed that project over to neversoft (they even gave them their game engine if i recall.) Once again I think the main reason why they're pissed is because the company that made rock band and the first 2 games decided to endorse fenders instruments instead of gibsons (the only instruments that are featured in the first 2 games are gibson and it's subsidiaries.) Now that they no longer have a monopoly on the "virtual guitar" market they want to take down harmonix with a bogus claim about patent infringement.
 
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