Gibson Xploring Guitar Hero patent infringement

By Tom Magrino, GameSpotPosted Mar 12, 2008 2:40 pm PT

Longtime supporter of Activision's best-selling rhythm franchise claims game violates patent filed in 1999 for "technology for simulating a musical performance."

Last year, Activision discovered that its $100 million purchase of RedOctane in 2006 had paid off in spades, with the publisher touting the fact that the Guitar Hero franchise had shifted 14 million-plus units in North America alone and aggregated revenue of more than $1 billion in the process. A mountain of cash that high doesn't go without notice, however, and the publisher has been fending off lawsuits concerning the franchise seemingly around every corner.

In the second suit concerning Guitar Hero to surface for the week, longtime RedOctane partner Gibson Guitar Inc. has made an appeal to Activision claiming patent infringement, reports Reuters. In a letter sent to Activision in January, Gibson claims Guitar Hero infringes on one of its patents granted in 1999 for "technology for simulating a musical performance." The patent, a copy of which was included in Activision's court filing, details a method for using instruments to simulate a live performance, and provides for a 3D headset with stereo speakers and a prerecorded concert.

Gibson has licensed the use of its guitars as controllers and in-game items for Guitar Hero since the first installment in the franchise debuted in 2005. Most recently, Activision licensed nine different Gibson guitars to appear in Guitar Hero III: Legends of Rock, as well as modeled its controller after the company's popular Les Paul. According to the letter sent to Activision, Reuters reports that Gibson is requesting that the publisher "obtain a license under Gibson's...patent or halt sales of any version of the 'Guitar Hero' game software."

Unsurprisingly, Reuters reports that Activision has asked the US District Court of Central California to throw out Gibson's suit and prevent the guitar maker from seeking damages. In a statement issued to GameSpot, Activision general counsel George Rose said, "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." Reuters also noted that even were the patent upheld, Gibson's three-year dalliance has granted Activision an implied license for the use of the technology.

Gibson had not responded to GameSpot's requests for comment as of press time.

219 Comments

  • EvilLlama600

    Posted May 19, 2008 6:16 pm PT

    yay 4 patent dodging!

    according to game informer, GH4 will include in-game custom guitars using a create-a-guitar system

    ...and drums.

  • hitman498

    Posted Mar 19, 2008 2:23 pm PT

    The execs at gibson are pigs because they are suing for that stupid patent. When they screw us out of our hardearned money with over charging for US manufacturing for guitars they make then they sue a game that is making them tons of money. In gaming and real guitars. Just because of a patent that should have expired just like their patent on their PAF humbucker pickups. If they were planning to sue then why are the GH GH2 and GH3 guitars are all modeled after gibson or gibson made guitars (Kramer Striker). It just does not make any sense why isn't Guitar Center suing because their execs are not pricks like Gibson. Also unlike Gibson, Guitar Center actually enjoys making money patent or no patent, lawsuit or no lawsuit. Unless Gibson has a better reason I'm not buying a gibson made product until this ridiculous thing is resolved.

  • FathaLove

    Posted Mar 19, 2008 12:11 am PT

    I don't get it. Guitar Hero is a giant advertisement for them.

  • jimmulvaney

    Posted Mar 17, 2008 6:51 am PT

    I have to agree with the vast majority of comments below but one in particular...
    jsrock_on54: I will take a Fender over a Gibson any day. Though i would kill to see my BC Rich Rave II or Warlock , perhaps a Mockingbird with a Pinhead face plate?
    BC Rich could totally raise the bar especially if they license some of the custom paint jobs as removable face-plates!

  • ZERObaker000

    Posted Mar 16, 2008 7:30 pm PT

    once again breakin my balls gibson

  • 324GaMeR324

    Posted Mar 16, 2008 9:13 am PT

    Way to go Gibson I just lost a lot of respect for you. How stupid is this, you license the god damn controller to be modelled as your guitar 3 times!!! You give license to have dozens of your guitars appear in the game... and then all of a sudden you sue!!! WTF GIBSON. As soon as the game becomes most popular Gibson sues.. wow like they don't have enough money.

  • johndoh4

    Posted Mar 15, 2008 6:51 pm PT

    Looks like Harmonix got out of dodge just in time.

  • Virus214

    Posted Mar 14, 2008 5:02 pm PT

    to babingka. They don't hit harmonix, cause harmonix is working with Red Octane.

  • coolmage

    Posted Mar 14, 2008 3:21 pm PT

    So does this mean no more GH: Aerosmith? until this stupidity is resolved?

  • anarchy69yoda

    Posted Mar 13, 2008 7:16 pm PT

    cmon. i knew this would happen. not really. ha. make GH so u can use ur own song

  • Wartotehlock

    Posted Mar 13, 2008 6:12 pm PT

    Don't bite the hand that feeds you...

  • PhantomPhoot

    Posted Mar 13, 2008 6:00 pm PT

    Can anyone please explain what kind of logic is being used here? Ever since Activision and Neversoft took over GH, there have been nothing but problems for them. First the lack of PS3 Rock Band controller compatability,and now this. I'm beginning to think that these lawsuits make no sense.

  • ChickenHounk911

    Posted Mar 13, 2008 4:42 pm PT

    Hey kids, make sure you get your patents in for things like : Cooking Simulators, Pet walking Simulators, Actual Date Simulators. When the games get made in the near future, you guys will be RICH!

  • staring_death

    Posted Mar 13, 2008 4:30 pm PT

    sniff!sniff! can you feel it? it smells like money!

  • babingka

    Posted Mar 13, 2008 2:12 pm PT

    What I don't get is why Gibson hasn't hit Harmonix with the same law suit for making Rock Band. It's basically the exact same thing sans a few buttons.

  • grant4500neo

    Posted Mar 13, 2008 1:45 pm PT

    this is all bs why didn't they say anything BEFORE they started supporting Giutar Hero. suspicious.

  • jsrock_on54

    Posted Mar 13, 2008 12:39 pm PT

    sounds like GHIV will be featuring Fender or Paul Reed Smith

  • yinyang3

    Posted Mar 13, 2008 12:16 pm PT

    Hopefully I'll be able to play Gibson guitars in Rock Band now.

  • vf21x

    Posted Mar 13, 2008 12:06 pm PT

    And the Guitar Hero greed bandwagon continues......................

  • the-bat-child

    Posted Mar 13, 2008 12:03 pm PT

    OK, Gibson, this is just..... AH F*** It, not even worth a comment.

Guitar Hero III Quick Links

Summary | Reviews | News | Previews & Features | Images | Videos | Answers | Hints & Cheats | Forum

advertisement
Guitar Hero III: Legends of Rock Boxshot Enlarge the boxshot
Guitar Hero III

Game Stats

Full Game Details »Close
Also on

Games you may like…

Users who looked at content for this game also looked at these games.

See More Similar Games
advertisement