Although several artists have been depicted in music games like Guitar Hero in the past, Gwen Stefani's No Doubt is having some trouble with its own likeness in the newly released Band Hero game from Activision.
According to a court filing obtained by the Los Angeles Times, the band sued Activision over a feature in the title that provides gamers with the opportunity to have band members perform another artist's songs.
The lawsuit specifically takes issue with the ability for gamers to have No Doubt lead singer Gwen Stefani perform the Rolling Stones' Honky Tonk Women. The suit claims that it "results in an unauthorized performance by the Gwen Stefani avatar in a male voice boasting about having sex with prostitutes," the LA Times is reporting, citing documents filed in the Los Angeles Superior Court on Wednesday. The suit also claims that No Doubt objected to the "Character Manipulation Feature," but Activision refused to remove it.
For its part, Activision says that it's not at fault. The company wrote in a statement cited in several publications, that it has a "written agreement" with No Doubt that justifies the use of its likeness in various features in the game.
"Activision has a written agreement to use No Doubt in Band Hero--an agreement signed by No Doubt after extensive negotiations with its representatives, who collectively have decades of experience in the entertainment industry," the company said in a statement. "Pursuant to that agreement, Activision worked with No Doubt and the band's management in developing Band Hero. As a result, Activision believes it is within its legal rights with respect to the use and portrayal of the band members in the game and that this lawsuit is without merit.
"Activision is exploring its own legal options with respect to No Doubt's obligations under the agreement."
No Doubt is asking for unspecified damages, as well as "a preliminary injunction and a permanent injunction against distribution of the game and for Activision to recall existing copies," the Times is reporting.
Don Reisinger is a technology columnist who has written about everything from HDTVs to computers to Flowbee Haircut Systems. Don is a member of the CNET Blog Network, and posts at The Digital Home. He is not an employee of CNET. Disclosure.
Since the launch of the Wii, Nintendo has been the subject of no fewer than 15 patent-related lawsuits. While many of those suits are still winding their way through the courts, Nintendo on Thursday issued a statement touting victory over Guardian Media Technologies in one of the more recent patent suits.
U.S. District Court Judge Manuel Real in Los Angeles struck down allegations that the Wii could play DVD movies.
"We are very pleased with the court's decision," Rick Flamm, Nintendo of America's senior vice president of legal, said in a statement. "Nintendo vigorously defends patent lawsuits. At the earliest stages of this case, Nintendo convinced the court to dismiss this case as Guardian's patent had nothing to do with Nintendo's products."
Flamm is correct about the suit having nothing to do with Nintendo's products. The Wii maker was one of dozens of defendants in the suit, which alleged violations of Guardian's patent for parental-control technology in TV programs and DVD video playback. While the Wii does include parental control functions, it does not feature DVD video playback. Nintendo's early dismissal from the case comes a scant six months after the suit was first filed.
Earlier this year, a federal judge in Texas dismissed a patent suit against Nintendo, Sony, and Microsoft. That suit was brought by Fenner Investments and centered on a patent the firm holds for a "low-voltage joystick port interface." It was originally filed in January 2007.
In still another patent case, a judge in 2008 failed to overturn a verdict ordering Nintendo to pay $21 million to Anascape, a Texas company that holds a patent on motion-sensitive controllers.
Brendan Sinclair reported for GameSpot.
A California court has tossed out Gibson Guitar's patent infringement lawsuit against Guitar Hero maker Activision, saying Gibson's arguments "border on the frivolous."
The iconic guitar manufacturer filed suit in March 2008, charging that Guitar Hero's mock guitars infringed on a 1999 patent, U.S. Patent No. 5,990,405 (PDF).
(Credit:
Activision)
That patent, also known as "The '405 Patent," covers "a system and method for generating and controlling a simulated musical concert experience." Specifically, it details a head-mounted display that includes stereo speakers and is worn while playing an instrument along with a simulated concert.
Earlier that same month, in a series of legal volleys preceding the suit, Gibson filed for declaratory relief--asking for compensation, in other words. But Activision decided it didn't need a license under Gibson's patent and said so in a legal countermeasure. Then came Gibson's suit.
In last week's ruling (PDF), a U.S. District Court basically decided that Gibson's patent only applies to devices that output an analog signal. "As a general observation, no reasonable person of ordinary skill in the relevant arts would interpret the '405 Patent as covering interactive video games," the ruling stated.
The court added that Gibson's interpretation of its patent could be extended to cover things from a "button of a DVD remote...to a pencil tapping a table."
But Activision isn't Gibson's only target. It sued major retailers--including Amazon, Target, Wal-Mart, and K-Mart--that sell games like Guitar Hero and Rock Band. Plus, it added MTV, Harmonix, and Electronic Arts to its list of plaintiffs. MTV, which acquired Guitar Hero developer Harmonix in 2006, uses EA as the distributor for Rock Band and is likely turning up the celebratory tunes following the Activision ruling.
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