Activision has filed a countersuit against No Doubt over its Band Hero suit against it, alleging a breach of contract and “unjust enrichment”.
Last month you recall, No Doubt pulled a Courtney Love, complaining that players could user band avatars to play songs not performed or written by it. In response, Activision’s claiming the band did not request that the avatars be used for only the band until after the game was already put to press.
“Activision admits that although it is possible to program a videogame whereby particular in-game characters can only be selected when certain songs are played, Plaintiff first requested this only after the “Band Hero” programming was finalized, had been submitted to all of the U.S. console manufacturers for approval and had been approved for manufacture by most console manufacturers”, read a statement.
According to the Hollywood Reporter, The countersuit against the band is requesting that it provide Activision with “unspecified damages and interest, a return from No Doubt of all benefits and payments, an order for No Doubt to pay the full cost of this action and reasonable attorney fees, along with further awards and relief that the Court deems just and proper.”
Basically, because they bitched and decided to sue, Activision wants the money it paid the group returned and then some.
It looks like it will get nasty. That or the judge will rule a kiss and make-up session or a battle to the death through kal-if-fee – we hope