Gibson is suing Activision, Harmonix, Electronic Arts, and MTV over alleged patent infringement over the companies’ involvement in Rock Band and the Guitar Hero series. The lawsuit is not over Guitar Hero’s use of the iconic Les Paul, SG, and Explorer guitars as controllers, but for violation of a decade-old patent for….drumroll please… “a method for simulating a live performance using a musical instrument, a 3D headset with stereo speakers, and a pre-recorded concert.” (US Patent 5,990,405) Gibson does not rock, at all…
It appears that Gibson has a tough battle ahead. Our sister blog Kotaku has been following this story since the litigation was announced a couple weeks ago, and they have posted statements from Activision and Harmonix, as well as Gibson’s rebuttal, which claims that the guitar maker tried to negotiate a licensing deal with the game companies, but could not reach an agreement. Sure to make things awkward is the fact that Guitar Hero, as mentioned, features heavy Gibson product placement, in the form of controllers, purchasable guitars in the store, and in-game ads during play. Rock Band, on the other hand, uses guitars from rival company Fender, which might be able to snag licensing in the next version of Guitar Hero if this lawsuit is not easily resolved and instead, through the fire and the flames, carries on.
Gibson lawsuit stories [Kotaku]
(Photo: Alex Chasick)
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Can Consumerist or Kotaku purchase the court transcripts on this one? I would LOVE to read Gibson’s argument on this (similar in the fashion that GamePolitics covered the Jack Thompson trial.)
@Skankingmike: Really? Consumers don’t have to worry about patents? Sorry, but patent abuse most certaintly has an adverse effect on innovation, and that is something that consumers should definitely be concerned about.
I actually can play a little bit of a real guitar, and play guitar hero myself. The game is much different from the instrument, and I understand that. I’m sick of hearing other guitarists bitch about the game. It’s a simulation, which implies instant gratification. Just stop whining and laugh at how easy the game makes it look.
@nobodyman: Not really,
Did patent abuse effect PS2 controller sales? no nor did it stop people from enjoying the PS2. In fact the PS2 controller is arguably one of the greatest controllers since the SNES controller. (which is what the original PS1 controller was modeled after or so people like to point out).
Does Patent, Copyright, and Trademark infringement cause consumers to to not buy those things? Not if New York China town is any indication or even Ebay. People would rather have it look and sorta act like the product than for it to actually be the product.
so again Patent infringement in and of it’s self only effects the companies that hold that patent in lost revenue. that is all.
I love how people who never held a patent on anything love to point out that patents hurt the innovation process. When somebody actually shows me proof that we’ve slowed down in creating and expanding our technology I’ll gladly take back the comment.
@Sucko-T: Ya Fender owns a bunch of other companies. So what. The product Fender produces is rock solid. Even their low level brands are well made. And you know why. They are a employee owned company, there is alot of heart that goes into the guitars they make.
Besides almost all brands of guitars are made in the same factories to those manufactures specs. I’ve been working in the music industry all my life and i’ve seen the quality from over sea’s really improve. Give me a Korean made Squire over a USA made Gibson piece of shit any day.
I loved this when I first heard it, classic frivolity. I hope Gibson chokes on their own bile as the judge takes their patent and shoves it down their throats.
I’m SHOCKED they didn’t go after Konami/Bemani for Guitar Freaks. That game came out years before Guitar Hero/Rock Band.
Oh, but Guitar Freaks wasn’t as popular in the US, now that GH/RB is gettin’ paid, it’s time for Gibson to get their “fair” share. I love your Guitars Gibson, I have an old acoustic that used to be my Grandmothers, but damn guys, leave the “air guitaring” to the professionals.
@sohmc: Is it just me or does any real guitar player have no respect for those that play guitar hero?
It’s just you. What you’re describing is an unnecessary, snotty faux-elitism a small group of guitar players have adopted. I’ve played the guitar for 10 years, and I love Guitar Hero. It’s a fun game. Also, if it inspires someone to pick up the guitar and learn it, it’s helping out music, too.
The Guitar Hero series is insanely popular and widely adopted by many musicians and guitarists. Many of the bands featured in the game have described their love for it and experience with it, including Slash and Joe Perry.
In fact, real guitarists like Joe Perry “hate” it so much they have teamed up with the developers to create a special Aerosmith Guitar Hero spin-off game.
So, again, it’s just you.