The latest round in the battle between Activision and the band No Doubt, which centers on the depiction of the group in Band Hero, has gone to the Gwen Stefani-fronted quartet.
No Doubt originally sued the publisher for turning them into a “virtual karaoke circus act,” because of the game’s ability to use the likenesses of rockers while performing the music of other groups. Activision, for its part, countersued, claiming breach of contract and unjust enrichment by the band.
The LA Times reports that Los Angeles County Superior Court Judge Kenji Machida ruled in favor of No Doubt on two clauses: first, rejecting a shift of venue to a federal court (Activision had argued that the case centered on a copyright issue, which it felt justified the move), and second, “rejecting Activision’s effort to invoke freedom-of-speech protections under the 1st Amendment in defense of the broader use of the No Doubt avatars.”
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No Doubt Wins a Few Skirmishes in War with ATVI
April 16, 2010 -
Posted in
Shout box
Papa Midnight: Monte: That's honestly rather short-sighted. As has been proven with other persons who have been targeted, if it wasn't Quinn, it would be someone else.10/18/2014 - 6:26pm
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Avalongod: I think that's part of what gives an esoteric news story like this real life...it taps into a larger narrative about misogyny in society outside of games.10/18/2014 - 3:29pm
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Avalongod: @Monte, well the trolls made death threats that came to police (and media attention). I think this is tapping into a larger issue outside of games about how women are treated in society (like all the "real rape" stuff during the last election)10/18/2014 - 3:28pm
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Wonderkarp: Zippy : Havent tried the PS4 controller. might later.10/18/2014 - 2:37pm
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Monte: Seirously, If Quinn was not involved and GG was instead about something like the Mordor Marketing contracts, the trolling would have never grown so vile and disgusting. There have been plenty of movements in the past that never sufferred from behavior..10/18/2014 - 1:57pm
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Monte: We have seen scandel's before but the trolling has never been as vile as what we see with GG. Trolls usually have such a tiny voice you can barely notice them, but its like moths to a flame whenever femistist are involved.10/18/2014 - 1:53pm
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ZippyDSMlee: Wonderkarp: You might be able to if you had a PS4 controller.10/18/2014 - 1:00pm
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MaskedPixelante: http://store.steampowered.com/app/327940/ Night Dive starts charging for freeware.10/18/2014 - 12:21pm
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Matthew Wilson: the sad thing is there are trolls on both sides of this. people need to stop acting like their side is so pure.10/18/2014 - 12:19pm
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MechaTama31: So, only speak out on a scandal that hasn't attracted trolls? I wouldn't hold my breath...10/18/2014 - 10:49am
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Monte: I feel like GG just needs to die. The movement is FAR to tainted by hatred and BS for it to be useful for any conversation. Let GG die, and then rally behind the NEXT gaming journalism scandal, and start the conversation fresh.10/18/2014 - 10:33am
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quiknkold: and we dont have a Dovakin to call a cease fire10/17/2014 - 7:37pm
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quiknkold: The whole thing is Futile. Both sides are so buried deep in their trenchs that there isnt a conversation. Its just Finger Pointing, Name Calling, Doxxing, Threats. there needs to be a serious conversation, and GG isnt it.10/17/2014 - 7:37pm
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quiknkold: I thought it was a good article. Jeff is right. I feel like GamerGate did destroy its message. I am for Ethics in game journalism, but man. so much hate. and its on both sides. I've seen some awful stuff spewed on twitter. Its a big reason why I exited..10/17/2014 - 7:34pm
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Matthew Wilson: while he focused on gg, he did call out both sides crap.10/17/2014 - 7:18pm
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Papa Midnight: That was a damn good read offered by Jeff Gertsmann.10/17/2014 - 7:17pm
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Matthew Wilson: http://www.giantbomb.com/articles/letter-from-the-editor-10-17-2014/1100-5049/ deferentially a nice write up.10/17/2014 - 6:44pm
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james_fudge: I think Evan killed it. He's a great guy and super smart.10/17/2014 - 6:38pm
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Technogeek: Papa Midnight: I kind of figured "it's horrible" was implied by "CNN".10/17/2014 - 5:07pm
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james_fudge: Matthew I mean outlets that don't cover games normally.. and conservative sites looking for clicks10/17/2014 - 4:39pm
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Comments
Re: No Doubt Wins a Few Skirmishes in War with ATVI
Even though it feels dirty to say it I'm with Activision on this one. I think if I were to take the likenesses of a famous music group and create an animated video of them singing a song that isn't there's I should be able to without asking anyone for permission first. It's a transformative act just like remixing one song with another is a transformative act, in my mind it should be covered in fair use.
my vanity is justified
Re: No Doubt Wins a Few Skirmishes in War with ATVI
Ten to one activision will probably win this via the contract they sign.
The use of likeness will probably used as a broad term, sometimes I wish people would actually read contracts and actually ask questions rather then signing it and then 10 weeks later flipped out because something so obviously coulda been subverted.
Re: No Doubt Wins a Few Skirmishes in War with ATVI
Are you serious? You really think that No Doubt didn't have a team of high-priced attorneys go over each and every word in that contract with a fine-tooth comb before signing it? Waddya think? The drummer's Dad reviews their contracts for them?
And the word "subverted" isn't the word I think you really wanted to use. I suspect that you wanted to use the word "averted." Maybe you should have your Dad review your comments for you before posting them.
Re: No Doubt Wins a Few Skirmishes in War with ATVI
Yeah, I bet those lawyers went and looked it over and over. But I still doubt they will win.
Re: No Doubt Wins a Few Skirmishes in War with ATVI
This is on the edge patent troll disputes, activision paid for their music and likeness to use in a music game where you can dick around with avatars and songs...... really they should get a life....
Until lobbying is a hanging offense I choose anarchy! CP/IP laws should not effect the daily life of common people! http://zippydsmlee.wordpress.com/
Copyright infringement is nothing more than civil disobedience to a bad set of laws. Let's renegotiate them.
---
http://zippydsm.deviantart.com/
Re: No Doubt Wins a Few Skirmishes in War with ATVI
Imagine Activision came up to you and said "We'd like to stick your likeness in as the main character in our game."
So you agree, sign a contract expecting to only see your character do certain things you agreed to beforehand and when the game comes out 80% of the content is watching you as the avatar get buttraped. Vividly.
You probably would be apt to sue.
Re: No Doubt Wins a Few Skirmishes in War with ATVI
questionmark1987
Not really since they were paid for the use of thier imagae and any songs that might have thier name on it but do not own anymore,ect,ect,ect.
Until lobbying is a hanging offense I choose anarchy! CP/IP laws should not effect the daily life of common people! http://zippydsmlee.wordpress.com/
Copyright infringement is nothing more than civil disobedience to a bad set of laws. Let's renegotiate them.
---
http://zippydsm.deviantart.com/
Re: No Doubt Wins a Few Skirmishes in War with ATVI
People have a right to determine how their likeness is used and depending on the wording of the contract they signed they may well have a good legal case as well.
I know I wouldn't want my likeness being used to sing a song I really disagreed with or whose band I really had a problem with. Maybe it is being picky and maybe some people will think its frivolous but all of use should at least have control over our own persons and representations thereof.
Re: No Doubt Wins a Few Skirmishes in War with ATVI
People have a right to determine how their likeness is used and depending on the wording of the contract they signed they may well have a good legal case as well.
I know I wouldn't want my likeness being used to sing a song I really disagreed with or whose band I really had a problem with. Maybe it is being picky and maybe some people will think its frivolous but all of use should at least have control over our own persons and representations thereof.
Re: No Doubt Wins a Few Skirmishes in War with ATVI
Sure. Unless, that is, we sign that control away.
Re: No Doubt Wins a Few Skirmishes in War with ATVI
What's with using Stock Tickers in the subject line? Are we CNN now?
Re: No Doubt Wins a Few Skirmishes in War with ATVI
Great, this will likely just embolden more artists to keep suing for one reason or another.
Re: No Doubt Wins a Few Skirmishes in War with ATVI
Is the inverse actually better?
Do we actually want to embolden game companies to do more such violations? If they want to profit off their likeness, they need permission and a contract. Generally companies getting permission to do something with someone else's IP is a good thing.
Re: No Doubt Wins a Few Skirmishes in War with ATVI
Depends really, upon if the contract ACTUALLY says what they claim.
Re: No Doubt Wins a Few Skirmishes in War with ATVI
Yes, but I truly believe that No Doubt's case has merit. Artists will always sue for one reason or another. Only the legitimate complaints, which I believe No Doubt has, will truly hold water in court.