February 22, 2011
An Update on the No Doubt v. Activision Suit: The End of Guitar Hero?
We previously blogged about No Doubt's lawsuit against Activision. In a nutshell, the band admits that it granted Activision a license to use the names and likenesses of its members in one of the Guitar Hero games ("Band Hero"); however, the band claims that it never agreed that Activision could use avatars of the band members to perform songs by other artists and sing in voices of other artists (an example was Gwen Stefani, the lead singer of No Doubt, singing "Honky Tonk Woman"). (You may recall that Courtney Love was also peeved that the game allowed Kurt Cobain's avatar to sing the songs of other artists).
A California trial court had denied Activision's motion to dismiss the suit; last week, an appeals court affirmed. Here's an update on the lawsuit from the LA Times "Company Town" blog:
A three-judge panel on Tuesday rejected Activision Blizzard Inc.'s motion to throw out a lawsuit filed in 2009 by the rock band No Doubt, dealing a minor blow to the Santa Monica video game giant.
The ruling by the federal district court of appeals paves the way for No Doubt to proceed with its suit, which alleged Activision breached its contract with the group when it allowed players of Activision's video game Band Hero to use band members' avatars to perform songs they did not write.
The band, in its lawsuit, said the game's feature "transformed No Doubt band members into a virtual karaoke circus act."
Activision Blizzard filed a motion to have the lawsuit dismissed, saying it had the right of creative expression. The motion was rejected in April by Los Angeles County Superior Court Judge Kenji Machida. The appellate court Tuesday agreed with Machida, saying No Doubt can pursue its case against Activision.
While the decision is probably a mere prelude to further legal maneuvers by both sides, the Guitar Hero video game series itself, which had once generated more than $1 billion in revenue for Activision, was recently declared dead. Activision last week said it would shut down its Guitar Hero business, lay off 500 workers and cease development of a Guitar Hero title that was slated for release this year.
Here's a copy of the appellate court decision that allows No Doubt's lawsuit to continue.
[Meredith R. Miller]
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