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
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Neo_DrKefka: Only good thing I seen come out of the Biddle incident was the fact a professional fighter offered to give 10k to an anti bullying charity for a round in the ring with Biddle.10/19/2014 - 7:49pm
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Neo_DrKefka: Even after all the interviews she is still on twitter making fun of people with disabilities (Autism) yet she is a part of the crowd that is on the so called right side of history...10/19/2014 - 7:48pm
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Neo_DrKefka: Which #GameGate supports are constantly being harassed and bullied. Brianna Wu who I told everyone she was trolling GamerGate weeks ago with her passive aggressive threats was looking for that crazy person in the crowd.10/19/2014 - 7:47pm
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Neo_DrKefka: I believe the problem #GamerGate has with Sam Biddle is he is apart of this blogging group that in a way hates or detests its readers. Also being apart of the crowd that claims its on the right side of history isn't helping when he is advocating bullying10/19/2014 - 7:45pm
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MechaTama31: Of course, I'm looking at these tweets in isolation, I don't know a thing about the guy.10/19/2014 - 7:06pm
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MechaTama31: If anything, the sarcastic implication seems to be that the SJW crowd is bringing back the bullying of nerds. But it's the GGers who are out for his blood? I'm lost...10/19/2014 - 7:01pm
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MechaTama31: I don't really get this Sam Biddle thing. The reaction to his tweets seems to be taking them at face value, but... they're tongue in cheek. Right?10/19/2014 - 7:00pm
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Andrew Eisen: I have it. The problem, so far as I can tell, is neither of them allow me to overlay my webcam feed or text links to my Extra-Life fundraising page.10/19/2014 - 4:08pm
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quiknkold: and yes, its free10/19/2014 - 4:05pm
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quiknkold: should grab Hauppauge capture. has mic support and can upload directly to youtube10/19/2014 - 4:05pm
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Andrew Eisen: The former.10/19/2014 - 4:00pm
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quiknkold: was it StreamEez, or the StreamEez feature in Hauppauge Capture? cause I know Capture has alot more support from the devs.10/19/2014 - 3:54pm
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Andrew Eisen: I actually tried StreamEez last week. Flat out didn't work.10/19/2014 - 3:53pm
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quiknkold: I use the Hauppauge Capture software's StreamEez. Arcsoft showbiz for recording. I just streamed a few hours of Persona 4 Golden with zero problem using the program. Xsplit is finniky when it comes to Hauppauge10/19/2014 - 3:40pm
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Andrew Eisen: Trying to capture console games and broadcast with Open Broadcaster System because I've had technical difficulties using XSplit 3 weeks in a row.10/19/2014 - 3:37pm
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quiknkold: and what are you trying to capture?10/19/2014 - 3:31pm
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quiknkold: same one I have. ok. what program are you using?10/19/2014 - 3:31pm
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Andrew Eisen: Haupaugge HD PVR 210/19/2014 - 3:28pm
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quiknkold: What Capture Card are you using, Andrew10/19/2014 - 3:26pm
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quiknkold: I know Biddle isnt Kotaku. he's just a employee. Its up to Kotaku if they want to punish him for being a public representative of Kotaku...well...I wouldnt be against it.10/19/2014 - 3:26pm
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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.