This could get nasty. Guitar-maker Gibson is claiming that Guitar Hero violates one of its patents. Gibson, in a letter sent to Activision in January, is claiming that the game infringes a 1999 patent for technology used to simulate a musical performance. Gibson is seeking that Activision either gets a license for the game or stops sales.
Activision has filed a lawsuit asking the Court for Central California to declare Gibson’s patent invalid and to bar it from seeking damages.
“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.
“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.”
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XDamage said:
Argh, the greed! It’s horrible!
patlike said:
Heh. It’s probably a storm in a teacup, but it’s got the potential to be really serious. I bet the court tells Gibson to fuck off, though.
epic_wanderer said:
I was thinking of starting a business selling hairbrushes shaped like microphones to teenage girls but this story has made me think twice.
patlike said:
Do it anyway. Nothing could possibly go wrong. Put “Gibson” on the side of them for good luck.
epic_wanderer said:
If I embed a dictaphone in it the performance will no longer be simulated! Phew, now I can call the lawyers off.
Random_H said:
I wonder what guitar brand we’ll play in the next GH…
As I see it, that’s not such a clever move by Gibson (providing they’re wrong). This kind of product placement is just the kind you’ll want as a maker of instruments. I think Fender or Dean will quite happily take Gibson’s place.
cheers,
Alex