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Rock Band kick pedal sparks lawsuit

[UPDATE] Purveyors of genre-defining rhythm game slapped with court complaint over continued sale, and limited warranty, of defective drum kit; MTV Games responds.

Hardware problems are hardly a new issue for Harmonix and its MTV Games-published Rock Band franchise. Thus far, the rhythm game makers have been able to duck any legal fallout stemming from product defects. That changed this week, however, as a class-action lawsuit has been filed in the US District Court of Northern California against Harmonix, MTV Networks, its parent company Viacom, and publishing partner Electronic Arts.

Shortly after the original launched for the Xbox 360 and PlayStation 3 in November 2007, irate gamers found themselves unable to make with the rock due to myriad faulty instruments issues. These problems ranged from wonky strum bars on the Fender Stratocaster guitar controller to fragile kick pedals on the genre-defining drum kit.

For their part, MTV Games and Harmonix stood by the quality of their products, saying in a statement from last November, "If you are experiencing a problem with your guitar or any of your other Rock Band instruments, simply visit the customer support website and we will send a replacement immediately." Naturally, the support only applied during the instruments' 60-day warranty.

In recognition of the large number of complaints, Harmonix and its publishing partners opted to continue offering the warranty to Rock Band purchasers during the first half of 2008, regardless of whether the game was still within its 60-day warranty period. However, in June, the gamemaker pulled an abrupt 180, saying that it would return to its original policy warranty policy as of October 1, which requires proof of purchase within a two-month period.

Harmonix's about-face is the primary cause of this week's suit. According to the complaint, filed by Monte Morgan on behalf of those in a similar predicament, "Due to a design defect, the bass drum foot pedal (which is an integral component of the Rock Band drum kit) fractures under ordinary and expected usage, thus rendering the pedal inoperative. Without a functioning bass drum foot pedal, consumers are unable to use the Rock Band drum kit or play the Rock Band game in the manner marketed and advertised by defendants."

As a result, the suit contends that the aforementioned parties are in violation of an implied warranty that all of the items sold with the Rock Band kit were of "merchantable quality and fit for the purpose for which defendants marketed, advertised, and sold such products to plaintiff and the proposed class." The suit also notes that despite MTV Games and Harmonix's awareness of the defect, they continue to sell the game. Evidencing this claim, the suit notes that the new Rock Band 2 kick pedal now includes a metal plate, where as the original drum kit still packs the plastic support piece.

Plaintiff Morgan and those he represents are seeking reimbursement of the purchase cost for the Rock Band kit, for MTV Games and EA to cease selling the defective product, and any other damages as deemed by the court.

[UPDATE] Today, MTV Games issued a statement regarding the suit to GameSpot, and unsurprisingly, the publisher doesn't plan on taking the complaint lying down.

"Harmonix and MTV Games are dedicated to consumers having an outstanding experience with our products. When used as directed, our drum pedals are designed to provide years of enjoyment," said an MTV Games spokesperson. "In addition, at the launch of Rock Band we offered consumers an extended opportunity [to] return defective or broken hardware for any reason whatsoever--no questions asked. This litigation is opportunistic and baseless."

212 Comments

  • osxgp

    Posted Dec 4, 2008 11:09 pm GMT

    People should see what real drum pedals look like. Heavy duty. People don't seem to understand that real instruments break also. The price of the gaming equipment compared to real equipment is a big difference. However, Harmonix should have seen this coming.

  • Guitar-Dunnie

    Posted Dec 1, 2008 4:57 pm GMT

    "We offered consumers an extended opportunity to return defective or broken hardware for any reason whatsoever--no questions asked." If they mean you can still return products with no worries, then what the ****? I just called to see if they could replace my drum pads and they said no.

  • remixbaby44

    Posted Dec 1, 2008 8:25 am GMT

    i knew that rock band's instruments were always worse than world tour

  • peppersmith

    Posted Nov 28, 2008 12:49 pm GMT

    God, World tour's instruments are more sh&*ty than rock bands, why sue them?

  • norabbitnofun

    Posted Nov 26, 2008 1:47 pm GMT

    I do not understand why RB1 launched in Europe with plastic pedals, seeing that returns, problem analysis and fix all had happened. This lawsuit makes sense, and while I love Harmonix for their ambitious developments & design, this is where they make or break their image for quality.

  • Tricky

    Posted Nov 26, 2008 10:16 am GMT

    Grow up TripleHumbucker. Why are you even on a games site ? Sad little man.

  • tidyspidey

    Posted Nov 26, 2008 9:05 am GMT

    well done you triplehumbucker - but not all people have the time and talent to dedicate to learning an instrument. why shouldn't they have fun with games like RB and GH?

  • TripleHumbucker posted Nov 25, 2008 11:19 pm GMT (does not meet display criteria. sign in to show)

    TripleHumbucker

    Posted Nov 25, 2008 11:19 pm GMT (hide)

    good, rock band and guitar hero are complete crap. i play guitar, drums and bass, all self-taught. i think it's revolting that people watse their time and money on this crap. and now i hear that there is a dead kennedy's track pack? horse*(&@!! how the hell did that happen? after biafra fought to keep their songs out of levi commercials, somehow they end up on this pathetic excuse for rocker wannabe's. i'd be willing to bet that "MTV get off the air" isn't one of the songs included. i wish harmonix would do the music world a favor and commit a collective suicide, or at least keep their crappy games to mainstream music. i can't believe this crap....

  • lamprey263

    Posted Nov 25, 2008 3:59 pm GMT

    I think I saw something on G4 that was kind of a how-to guide of putting your own metal plate on the drum pedal, I didn't think much of it at the time since I didn't have Rockband nor did I ever want it, but now it kind of makes sense why they had that how-to to begin with

  • senorbusyman

    Posted Nov 25, 2008 3:05 pm GMT

    all of u people need to stop hitting, & strumming ur god for saken instruments so hard! it's the reason y all of ur instruments keep breaking...i had mine since 2007 the day ROCK BAND was release, & never did i have faulty problems wit my guitar!

  • MikeLirette

    Posted Nov 25, 2008 11:41 am GMT

    It's about time something was done, me and my brother bought rock band and the pedal broke within a week.. now that's just poor quality..

  • Autolycus

    Posted Nov 25, 2008 7:05 am GMT

    a lawsuit is necessary because the only thing that teaches these companies a lesson (which just about all companies need) is to take their money.

  • Autolycus

    Posted Nov 25, 2008 7:03 am GMT

    regardless of how MTV Games wants to spin it, they choose a cheaper part and there for a less quality. The damn thing has broke on 4 different places and I've Frankensteined the thing back together every time. Now it looks nothing like it originally did. Thanks to a wood block, some drilled holes and some zip ties.

  • MightyJordan

    Posted Nov 25, 2008 2:10 am GMT

    Good luck to him. I hope he wins, so that we could actually get some decent hardware for Rock Band. And while he's at it, sue RedOctane for their drum kit as well. Their bass pedal is atrocious. It broke just over a week after I got the game.

  • Shadowsouled

    Posted Nov 24, 2008 5:37 pm GMT

    Finally, a suit that makes sense.

  • faseli

    Posted Nov 24, 2008 2:38 pm GMT

    Actually if you look at the trade prices of the Rock Band kits then you will see that they didn't rip off Europeans, they just allowed the retailers to have more flexibility on margin. Any retailers that were not selling the game and band and in box for a reasonable £150.00 were ripping you off. The trade prices on Guitar Hero World Tour however, now they are a rip off.

  • dmish82

    Posted Nov 24, 2008 12:39 pm GMT

    Well, I broke my Rock Band 1 pedal along with a friend of mine. My friend upgraded to the Rock Band 2 bundle and has broken the "aluminum reinforced" pedal also. Exact same spot. Fortunately, I'm using a pedal with an all aluminum plate. If they don't extend the warranty for the pedal, I agree they should be sued for this.

    I must say however, I love and enjoy this game!

  • ken8659

    Posted Nov 24, 2008 11:57 am GMT

    I bought rockband 1 a few months ago played it like mad when i got it and now i occasionally play it. I never had problems with the pedal but i had a problem with one of the button symbols some screws fell out in the first day of play and made it slightly less responsive.

  • tidyspidey

    Posted Nov 24, 2008 11:02 am GMT

    I can't understand why a lawsuit is necessary - well, at least from the UK law point of view. The Sale of Goods Act states that any item purchased should work for a "reasonable amount of time fit for its use" following purchase. So, a bottle of milk costing 60p should indeed last until it's sell by date - it would be unreasonable for you to assume it would still be fine a few months later. However, in RBs case, if you've paid £100 for the set of instruments and the drum pedal breaks, regardless of the 60-day warranty they give you, it would be reasonable to assume that your purchase would last beyond 60 days as it cost you a fair bit of money - and if either a retailer or publisher refused a return/repair/replacement based on it being past it's 60 day warranty if it broke, I would just take them to the small claims court where they would be made to eat their 60 day warranty. A lawsuit is just excessive - people just need to get to grips with consumer laws and be prepared to fight. A store manager or publishers refusal to replace an item is never the final say, though many give up at that hurdle, which is why they often get away with it.

    jjdomo - I understand where you are coming from, but do remember amongst all the 1000s of units sold that work and last perfectly, there are some that have defects and would break. That said, I'm sure there are also some club-footed users bashing away on them in an agressive manner, so I see both sides.

    I haven't bought rock band yet, but if I did and the kick pedal broke shortly after 60 days, I'd be taking it back and would guarantee I'd get a replacement.... I might have to fight for it, but I'd get it.

  • hannify

    Posted Nov 24, 2008 10:32 am GMT

    Not a big fan of harmonix after ripping off us europeans

  • jjdomo

    Posted Nov 24, 2008 9:28 am GMT

    I don't understand what you people are doing to the kick pedals to cause them to break so much. I've had my RB game for almost a year now and I play the drums all the time and it's fine. I've had lots of other people over playing he drums too and it's never broken. I have a feeling you are pressing too hard right at the weakest point in the middle of the pedal. If you play it correctly, it shouldn't break.

  • raahsnavj

    Posted Nov 24, 2008 8:50 am GMT

    This isn't like food or water, or heat... no one NEEDS to buy rock band. There was more than ample customer reviews and even professional reviews. They covered the people that took a gamble and bought the game before there was lots of feedback on it.

    This lawsuit isn't a 'balance of power' or a message to say 'coorporations should do more' it is nothing more than proof consumers are idiots and companies will either have to constantly pamper these morons or stop producing anything at a reasonable profit.

  • redrider25077

    Posted Nov 24, 2008 8:48 am GMT

    its not a question of whether or not people know how to play... the mic and the usb hub on my rock band kit stopped working after about 2 months of play and i couldnt figure out why. instead of dealing with the headache of sending back faulty equipment, i just sing on the headset which eliminated the need for the hub. harmonix needs to fix these problems. they never had any large scale ussues like this when red octane was making the instruments.

  • georgeorjose

    Posted Nov 24, 2008 8:30 am GMT

    some people just know how to play and others dont.

  • shadowblade99

    Posted Nov 24, 2008 8:25 am GMT

    Maybe they should include the guitar on that suit too. Mine just broke this weekend from wear and tear, not throwing because I failed a song. I've had to replace my GH one with a wired exploder. I'll probably do the same with the fender since the exploder is the only one that stands the test of time.

  • SyrusKahn

    Posted Nov 24, 2008 7:58 am GMT

    haha thats why you go with GH:WT...

  • BigDaddy973

    Posted Nov 24, 2008 7:41 am GMT

    Sucks

  • Canez69

    Posted Nov 24, 2008 7:21 am GMT

    blah its a piece of shyt my kick pedal on rock band 2 broke in less than a month of getting it and then i went back to my rock band pedal and it broke a few days after. and the new pads on the rock band 2 drums are comming off, cheap as hell if you ask me but thats just me.

  • BlackSamvara

    Posted Nov 24, 2008 6:47 am GMT

    Ridiculous. I've been through two of the kick pedals, and It's no surprise that finally someone decided to call Harmonix out on it... I love Harmonix, and appreciate that they added the metal plate to the new RB2 kit, But it'd be great if they'd do something about the RB1 pedal. Of course, I don't want them to have to cease sale of the game, just improve upon the craftsmanship.

  • Ultraviolence

    Posted Nov 24, 2008 6:46 am GMT

    Further to my point... It's a 'game', not an actual instrument. They have to make this cheaper than a real kit (i.e. plastic where possible). If Harmonix/MTV were to manufacture this gear "properly", it'd be made from the same materials as a real electronic kit. Example, the ION RB2 kit. Yes, this would cut back on the 'defective kicks' but you would also be paying $600+ for the game...

  • Ultraviolence

    Posted Nov 24, 2008 6:41 am GMT

    I don't understand how someone could break the kick pedal. I've been using the RB1 kit (on Hard/Expert levels) since it came out, right up until RB2 was released. I've never had any problems with any of the gear.

    We've had a few RB1/RB2 parties now, and I will say that there ARE those people who feel it necessary to almost put their foot through my floor, when using the kick-drum. I cringe everytime, but the RB kick is still working fine - and I've seen it abused on a number of occassions.

    I would think you'd have to seriously misuse the RB kick on a regular basis, before it would break.

    With that being said, I don't see why Harmonix/MTV should be responsible for the idiocy of those certain people who obviously don't respect the gear that they've purchased. If you're spending upwards of $150 for this game/accessories, you better make damn sure you learn to use that gear properly, from the 'get-go'... They shouldn't be held accountable for the fools that don't understand what proper intended use means.

  • MSG-Deathscythe

    Posted Nov 24, 2008 6:14 am GMT

    knew the kick pedal was weak the first time i tried it at a store. when i bought it, it worked ok as i used it with extreme care. well, i sold the whole thing when world tour came out, so i don't have to worry about it.

  • afrosud12

    Posted Nov 24, 2008 5:17 am GMT

    couldn't they just make the damn thing out of rubber and pot metal?

  • zig_star

    Posted Nov 23, 2008 9:45 pm GMT

    Rock band should be sued for its instruments not being compatible with wii guitar hero games, and no good features on the wii versions.

  • jasonlc3221

    Posted Nov 23, 2008 9:23 pm GMT

    @Flat Line

    Yeah, I'm with ya on that one, my foot just wears out too quickly unless I just play drums on easy, but let's face it, easy is just way too easy.

  • Zcrimson07

    Posted Nov 23, 2008 9:11 pm GMT

    this is why engineers need to know about material properties so that when they design something, they make it right. thanks material science!

  • demoman_chaos posted Nov 23, 2008 8:24 pm GMT (does not meet display criteria. sign in to show)

    demoman_chaos

    Posted Nov 23, 2008 8:24 pm GMT (hide)

    And once again, some random ock that wants easy money is sueing avideo game company.
    If you aren't stomping on the pedal the entire time, it won't break. If you press near the middle of the pedal and not the top, it will hold. So rock on, just not as hard.

  • feirlessleider

    Posted Nov 23, 2008 7:45 pm GMT

    I'm a little torn on this issue...I definitely think the manufacturers should stick behind their warranty and replace faulty equipment...but also I have the original Rock Band drum set that I bought when the game launched last year and have had no problems with it. And I played it every day for a very long time so part of me thinks it's just the consumers abusing the products...I dunno. Don't get me wrong either because I play drums so I have the technique down for actually using a kick drum so maybe better education as to how you should be using the set should be given.

  • Exocent

    Posted Nov 23, 2008 7:28 pm GMT

    My pedal broke, but I fixed it easily with some duct tape and a short piece of 1 x 2 wood.

  • krsna119

    Posted Nov 23, 2008 7:18 pm GMT

    I dont understand how someone can break that kick pedal.... I am a pretty heavy guy and I tried jumping on it and mine wouldnt break

  • grocsblech

    Posted Nov 23, 2008 5:45 pm GMT

    Not very nice of them to do an about face with their extended warranty. I wouldn't be happy either if I had bought this kit (got GH-World Tour kit instead)...

  • Flat_Line_____

    Posted Nov 23, 2008 5:30 pm GMT

    Hopefully mine won't break,(crosses fingers..) I use mine backwards with the heal of my foot instead of the ball lol. Anyone else tried it that way? I seem to have better control like that, and my foot doesn't seem to get as tired... I guess cause maybe I'm using my calf more than the tendons in my ankle to hit it, lol I dunno...

  • rnieto

    Posted Nov 23, 2008 5:20 pm GMT

    Sure, just go ahead and grab my picture. I posted that on the Game Audio Network Guild website and somehow made it here.

    Nice going, Gamespot.

  • kotetsu2k2

    Posted Nov 23, 2008 5:17 pm GMT

    So how do we get in on this lawsuit? for those of us who also want a piece of the pie, and to have our kits taken care of.

  • rynmls

    Posted Nov 23, 2008 5:06 pm GMT

    in your face!!!!

  • codeman5533

    Posted Nov 23, 2008 4:01 pm GMT

    wow

  • Shadow_Fax87

    Posted Nov 23, 2008 3:18 pm GMT

    @ax23000 The companies do that because it's cheaper that way, if they had really cared about you after you bought your drum set they would extend the warrenty without making you pay for it. So in short, it's cheaper to make a crappy drum set and have a short warranty then to make a good quality drum set and have a long warrenty. It's about the money...

  • Timmy_Gwar

    Posted Nov 23, 2008 3:05 pm GMT

    Full agreement with ax23000. I dont know about the rest of you but my parents dont buy me things anymore, I work for my money and $200 is alot for something that has had numerous complaints about breaking under regular usage.

  • JamesSoprano

    Posted Nov 23, 2008 2:46 pm GMT

    PixyMisao ... the Lawsuit is against Harmonix .... not EA .... tho i hate how EA is bullies but i gotta say i pick Guitar Hero cause it's what started it all ( sure other games happened before GH but they were not successfull like they were and also it was the first franchise over here ) i still say the drums look like Fisher Price made them and i think it's stupid to bang on plastic for a game. that's just my 2 cents ... oh yea and the guys with the lawsuit .. i hope they get their money back from Harmonix or More then that either way i hope the guys suing Harmonix Wins

  • ax23000

    Posted Nov 23, 2008 2:17 pm GMT

    Sometimes I really don't get people. Why is anyone against this? Companies should not sell defective merchandise. Do you guys really think it is cool for them to do this? I get that they made a really neat game, but seriously...they sell a drum kit they KNOW has problems and then tell you you're screwed if it happens to break outside of the warranty. That is just unacceptable. Or it should be. Instead I see things like this:

    "You can't expect something indestructable if you're only paying $200 for a game, guitar, and drumset."

    First of all, the issue isn't whether the drum kit is indestructible. It's not like the guy wants to be able to drop his drum kit off a roof, or set it on fire, or hit it with a baseball bat. He just wants to use it exactly the way it is supposed to be used and not have it just break. That is not unreasonable.

    Second of all, I don't know how much money you are making, but you don't 'only' spend 200 dollars on a video game. 200 dollars is the price of a a video game console for Pete's sake. sake. If I spend 200 dollars on something I expect it to work. End of story. I don't just shrug my shoulders and say, eh, what do you expect for 200$? I don't care if a real drum kit costs 600$, I didn't buy a real drum kit. I didn't want a real drum kit. I wanted rock band, a video game.

    Agh...whatever...you guys are nuts.

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