Gibson frets retailers with Guitar Hero patent suit

By Tom Magrino, GameSpotPosted Mar 20, 2008 5:16 pm PT

Instrument maker files suit against vendors to keep Activision's rhythm game off store shelves; publisher says case stems from refusal to renew support.

As one of the most lucrative franchises in gaming, Activision's Guitar Hero franchise has acted as a lightning rod for litigation and lawsuits. Last week alone, the popular rhythm game inspired two suits, one involving former Guitar Hero developers Harmonix and the other concerning content licensor Gibson Guitar Inc. While the former was settled as suddenly and quickly as it was filed, the latter continues to linger on.

In a letter sent to Activision in January, Gibson alleged that the Guitar Hero franchise infringes upon a patent the music instrument manufacturer filed in 1999 for "technology for simulating a musical performance." As per Gibson's patent, the product involves using instruments to simulate a live performance, and provides for a 3D headset with stereo speakers and a prerecorded concert using instruments to simulate a live performance. Gibson subsequently requested that Activision "obtain a license under Gibson's...patent or halt sales of any version of the 'Guitar Hero' game software."

Taking umbrage with this claim, Activision filed suit in the US District Court of Central California, asking the court to invalidate Gibson's patent and prevent the guitar maker from seeking damages. Today, Gibson has responded in kind to Activision's legal wrangling, regretfully announcing that it had brought suit against a number of retailers that it claims are selling the allegedly patent-infringing Guitar Hero products.

"On Monday, March 17, Gibson Guitar Corp. brought a lawsuit against various retailers, which are selling Guitar Hero products that are infringing on one of Gibson Guitar's U.S. patents," reads Gibson's statement. "Gibson Guitar took this action reluctantly, but is required to protect its intellectual property and will continue to do so against any other person in accordance with the law and its rights."

"Gibson had tried to settle this issue by negotiating directly with Activision as soon as the patent filed through one of Gibson's divisions was discovered and validated by outside counsel," the statement continued. "Activision chose to initiate litigation without notice to Gibson. Now, Gibson must pursue enforcement of its patent which predates the launch of the Guitar Hero game by several years."

While Activision wasn't party to Gibson's suit, the megapublisher was quick to respond, once again dismissing Gibson's claims and saying it would continue to support its retail partners.

"Gibson's lawsuit is a transparent end run around an impartial court that Activision asked on March 11 to rule on patent assertions that Gibson knows have no merit," reads Activision's statement. "Our Guitar Hero retailing partners have done nothing wrong. We will confront this and any other efforts by Gibson to wrongfully interfere with Activision's relationship with its customers and its consumers."

Activision also reiterated what it believes to be the cause for the abruptly soured relations with Gibson, saying the guitar maker has raised is patent infringement claims after three years due to the fact that "Activision was not interested in renewing its marketing and support agreement with Gibson."

182 Comments

  • Smoolander

    Posted Apr 26, 2008 8:41 pm PT

    Gibson Corporate Counsel - "Quick we haven't done anything this financial year, someone go through our list of patents to see who we can sue for a tenuous patent breach"

    Enforcement Officer - "Sorry son, that air guitar you are playing is an infringement of Gibson patents. You must pay us $10,000 every time you want to play that air guitar."

    Ah America, the land of ridiculous lawsuits.

  • Urlacher54

    Posted Mar 31, 2008 10:18 pm PT

    This is what Activision gets for shooting down Harmonix's Rock Band PS3 guitar patch. What goes around, comes around Activision. I hope all the GHIII guitars are pulled from shelves and the only way Activision can continue to sell GHIII is to get down on its knees and BEG Harmonix to allow their Rock Band guitars to be patched to work for Guitar Hero.

  • godmanrgs

    Posted Mar 31, 2008 8:45 am PT

    Sounds abit pathetic really

  • Dizzy1976

    Posted Mar 30, 2008 6:40 pm PT

    If you ask me patents are turning into just another way to legally cheat people/companies out of their hard earned money.

  • APCTool88

    Posted Mar 30, 2008 9:42 am PT

    geez as if gibson doesnt make enough money off of ther 1000 dollar guitars anyway

  • tom012345

    Posted Mar 27, 2008 4:31 pm PT

    "hey can you blame them for not wanting to make another Gibson related game? Id like to see a BC Rich or Fender controller. Gibson Sucks!

    (sincere apologies to anyone who takes offense to my Gibson comment but I am a death metal head and typically speaking you do not see those talented musicians playing with inferior guitars...)"

    I believe buckethead uses a gibson and so does slash those 2 are very talented if u think they arnt then id like to see u play as good as them.

  • DiscGuru101

    Posted Mar 27, 2008 4:09 am PT

    "Activision was not interested in renewing its marketing and support agreement with Gibson." - Burn

  • Rowr14

    Posted Mar 27, 2008 3:24 am PT

    TENTHROW2 said

    "Most of you people who comment here have absolutely no idea what the lawsuit is about and just spew your retarded opinions. Gibson is sueing Activision because Gibson claims they made a patent for a virtual guitar simulator back in the late 90's and that Guitar Hero violates that patent, and want Activision to purchase a license from Gibson to sell their product under their patent.

    Basically it's Gibsons greedy ways of wanting to get in on the cash cow that is Guitar Hero. This has NOTHING to do with real guitars, or even the shape of the guitar hero controller.

    Most you should get your facts straight before clouding internet forums with your lack of comprehension."

    What he said, read the freaking article people. Pretty much every body commenting here seems to have no idea whats going on thus posts irrelevant crap.

  • theycallmeryan

    Posted Mar 24, 2008 4:15 pm PT

    Note to self: File a useless patent so that I can sue a big company and make money.

  • BringTheBlood

    Posted Mar 24, 2008 9:42 am PT

    lol at jimmulvaney.

    love it! haha.

    oo and yeah i could care less about who makes the stupid guitar as long as it works. its a game, not the real guitar, boo frickin woo.

  • jimmulvaney

    Posted Mar 24, 2008 6:38 am PT

    hey can you blame them for not wanting to make another Gibson related game? Id like to see a BC Rich or Fender controller. Gibson Sucks!

    (sincere apologies to anyone who takes offense to my Gibson comment but I am a death metal head and typically speaking you do not see those talented musicians playing with inferior guitars...)

  • rpgisforme

    Posted Mar 24, 2008 4:51 am PT

    it's kinda a no win situation for anything these days if you think about it. You create something to make money but as soon as you make money you lose it in lawsuits to other people who want that money.

  • Nene33

    Posted Mar 24, 2008 3:56 am PT

    tig1979 is right, this is the best add boost Gibson's had since Guns 'n' Roses was topping the charts.

  • tig1979

    Posted Mar 24, 2008 3:19 am PT

    Bad move from Gibson i feel, GH has given them a huge ad boost, for the non-guitar players who decided to play a real guitar would nearly always go for a strat generally that being the guitar people associate with Rock music, so Gibson getting in the main stream with their guitar can surely only do wonders for their actual guitar sales?

  • Geek12

    Posted Mar 23, 2008 7:49 pm PT

    But, doesnt gibson have all there guitars in GH?

    So why would they want to attack them?

  • dvros

    Posted Mar 23, 2008 4:42 pm PT

    Wow L.O.L. I wonder what it would be like if Gibson wins the suit. :]

  • liversnot

    Posted Mar 23, 2008 1:47 pm PT

    So if gibson is doing this now for something that they did in the early 90's i think that is silly. If the issue is something to do with a lic. why didn't gibson say anything in the previous talks about getting their specific brand in the games? This is silly and appears to have nothing to do with gh.

  • ColorblindMonk

    Posted Mar 23, 2008 12:35 pm PT

    The more the game is successful, the more leechers will want to ride it for it's cash.

  • polsci1503

    Posted Mar 23, 2008 12:01 pm PT

    This makes me really angry with Gibson. What video games have they made? Are they in the gaming business? I understand they filed a patent - but I would like to see exactly what the patent is for. What they say above sounds so vague that if I made a whistle simulator to accompany recorded music they could sue me.

  • teh-pwns-the

    Posted Mar 23, 2008 11:53 am PT

    to all of you who are whining about greedy big corporations...
    video games are made, to make money. IF they didn't want to make money, well they probably wouldnt be around anymore

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