No Doubt vs. Activision suit settled

Grammy-winning band and Call of Duty publisher agree on settlement over 2009 lawsuit related to the use of the band's likeness in Band Hero; terms not disclosed.

The high-profile case between Grammy Award-winning rock band No Doubt and big-time publisher Activision has been settled, according to an Associated Press report. The trial over the use of the band's likeness in 2009's Band Hero was scheduled to go before a jury beginning October 15.

A jury won't get a chance to hear this case.

Terms of the settlement were not revealed, and neither No Doubt's attorney nor Activision were immediately available for comment.

The band's attorney, Bert Deixler, told GameSpot in August that Activision's settlement offers, at the time, were lacking. And as for what the settlement offer may have looked like, Deixler said No Doubt was owed "millions and millions of dollars."

No Doubt sued Activision in November 2009, claiming the publisher had no contractual right to allow the group's in-game avatars to be used to perform other artists' songs.

Activision countersued No Doubt a month later, saying it is "publicly known" that characters in previous Guitar Hero games have been "unlockable" in the same fashion, suggesting No Doubt did not exercise due diligence before entering into the agreement.

Written By

Eddie Makuch is a news editor at GameSpot, and would like to see the Whalers return to Hartford.

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Discussion

51 comments
famekiller
famekiller

The judge should have ordered this band to be put to death

acolyte82
acolyte82

I just logged in to say that MAXTHUNDER99 obviously you didnt even read the article. activision had permission to use there band in the game........ if you actually read the article. they sued them because you could use the band to play other bands songs.... which is the poorest excuse to sue and i hope they did get countersued cuz that's just rediculous. so basically ppl could play the game unlock no doubts band avatars and use there characters on whatever song they wanted which is how all the games are and no doubt is saying that you cant do that??. what a bunch of pansies

wizardboyus
wizardboyus

 i think they're broke that's really why they're probably doin it. it's been such a long time since they were even relevant...

 

jflkdjs
jflkdjs

I LOVE Gwen Stefani :D

tgwolf
tgwolf

...I wonder if I should go ahead and suggest that No Doubt go ahead and sue them for using music, or just let them think of it in their own time...

DevaGolgotha
DevaGolgotha

This is our law suit system in a nutshell: Hey!  That's like me!  I'mma sue it! 

 

OR

 

Someone set a huge bomb off inside that building, and the building collapsed on my grandma!  Better go sue the architect!

 

Seriously: the idiocy pisses me off.

PixelAddict
PixelAddict

And there, ladies and gents, is our legal system at work.  Takes 3 years to have a hand shake agreement that probably should have happened in 2008.

SolidTy
SolidTy

So, the settlement just happened in Oct 2012, and the lawsuit was filed in 2009. Man, what a slow process.

thom_maytees
thom_maytees

That is good to hear that both parties settled.

Ladiesman17
Ladiesman17

I believe "No Doubt" keep doing this for the sake of controversy and popularity.

brxricano
brxricano

Sooo.....avatars dancing are effectively now a live performance....*slow clap* Nice. Oh and, Millions and millions of dollars.....slow down Gwen dont be TOO specific now :\

DanieltheDead
DanieltheDead

 I forgot that Band Hero existed...with this suit settled, I'm pretty sure ActiBlizzard lost more money on that game than they recouped in sales.

 

That aside, if you completely forget about their last two embarrassingly awful albums, No Doubt is rather good - The Beacon Street Collection in particular is great.

Lotus-Edge
Lotus-Edge

"Millions and millions"...? How exact....

gatsbythepig
gatsbythepig

No doubt ActivisionBlizzard gave No Doubt a few million, then told them to piss off.

Sgthombre
Sgthombre

I hate No Doubt with the passion of a thousand undying suns. 

fourclawrider
fourclawrider

...after which the rediculousnessmeter exploded

IevildirkI
IevildirkI

No Doubt's first cd was actually somewhat decent and showed a lot of promise and like 15 years later this ugly bit*h is sueing a video game company? Get real like how long did those losers in no doubt sit around in a haze of smoke to come up with this stupid plot, go focus on your "art" and "talent"

Riddick123
Riddick123

Saw them live once.  My ears still bleed from hearing Gwen try to sing live.  She sounds horrible and looked like a sweaty meth head.

bobbo888
bobbo888

Money is definitely running low for them... why do they care if their avatars are used I other songs? I don't get why this case is "high profile."

Lhomity
Lhomity

No Doubt are butthurt that their digital likenesses were far more talented than the real band ever was.

Rennik_Repotsir
Rennik_Repotsir

No Doubt? Who's that? Oh wait... That '90s ska/punk band that Gwen left to make crappy pop songs... I guess money's runnin short...

DeadSoulKing
DeadSoulKing

No Doubt isn't worth three years of anyone's time...not even Activision's.

x-TwilighT-x
x-TwilighT-x

 @acolyte82 Agreed, and I actually never even knew you could. However, if you allow your personality to be published digitally by a video game designer I would think it would be for the entirety of the game. Not just 1-2 songs. Anyway, a poor excuse to make some easy money from someone more successful than yourself.

MAXTHUNDER99
MAXTHUNDER99

 @tgwolf

 No Doubt sued them cause they used the band in the game without their permission. They did give them permission to use their music and not the band itself. Activision's argument is ridiculous to say that it is "publicly known" that characters have been unlockable. But the argument would be not every artist in the Hero series are unlockable. So why would No Doubt realise that they would use them in the game. It's just Activision doing poor business for a quick buck as usual but this time they'll have to pay for it.

wizardboyus
wizardboyus

 @Ladiesman17 i think they're broke that's really why they're probably doin it. it's been such a long time since they were even relevant...

x-TwilighT-x
x-TwilighT-x

 @gatsbythepig Basically, No doubt is most likely drinking champagne imagining they did some sort of damage, and taught them a lesson. As if They Giant that is Activision cared at all. 

Orgil220
Orgil220

@gatsbythepig hehe good one

Pyerun
Pyerun

 @Sgthombre

 Thats because you are too dim to understand the brilliant lyrics.

DanieltheDead
DanieltheDead

 @Sgthombre lol

That doesn't make much sense - a non-sentient object can't posses emotion.

I'm not trying to troll you or anything, it's just the context of your statement struck me as humorous.

Epicurus-Reborn
Epicurus-Reborn

 @bobbo888 because they are famous. That makes it high profile. And they care because legally what Activision did was a breach of contract. 

McStrongfast
McStrongfast

 @bobbo888 I imagine they'd care more about that the contract was breached than the how of it.

shadow580
shadow580

 @MAXTHUNDER99  no, there was always an agreement that the band's in-game avatars could be used to play their own songs. The question is however, whether the avatars should be able to play others peoples music. This has been allowed in just about every guitar/band hero/rock band game ever so No Doubt's case makes no sense.

x-TwilighT-x
x-TwilighT-x

 @cos_serban  @shadow580  @MAXTHUNDER99 It's true that the term "Publicly known" holds no relevance in terms of contracts, or legal suits. I still think that the case was entirely unjustified. I would imagine that if you were making No Doubt play other songs, as a user, you are probably a fan. Disallowing this action hurts fans. Poor business practice by No Doubt, in my opinion. 

cos_serban
cos_serban

 @shadow580  @MAXTHUNDER99 yes it does... if in the contract says they can use just the songs... then they have all the right to sue! They did not agree to the other part (singing other songs), so even if it's "publicly known" that they do that in the game... if it's not in the contract... well tough luck Activision

 

RedLegZeff
RedLegZeff

 @canthugheaters  @DanieltheDead  @Sgthombre Yeah fury could be applied to inanimate objects. We often refer to hurricanes or volcanoes with fury. The undying suns part is also tricky though. What suns die? Basically all of them, but the bigger more powerful ones die sooner. So he's saying that weak suns without much fury are the ones that express his fury I guess. I hate sitcoms with the fury of a thousand daffodils. Ha, take that.