February 15, 2011
The Los Angeles Times reports that Activision has lost its bid to get a lawsuit filed by ska-rockers No Doubt thrown out. A three-judge panel rejected the company's motion to throw out the 2009 lawsuit that alleged breach of contract.
The group contends that the breach occurred when Activision allowed players of Band Hero to use band members' avatars to "perform songs they did not write." The band said in its lawsuit that this "transformed No Doubt band members into a virtual karaoke circus act."
In its appeal of the suit, Activision said that it was simply a matter of "creative expression." The three-judge panel apparently disagreed.
No Doubt can now proceed with its lawsuit.
Comments
Re: Appeals Court Rules: No Doubt Lawsuit Against ...
I'm wondering if No Doubt is worried that their in-game avatars performing another artist's songs could be construed as an unauthorized performance and they could be on the hook for licensing fees for said performance?
Re: Appeals Court Rules: No Doubt Lawsuit Against ...
But I thought No Doubt already was a circus act?
Re: Appeals Court Rules: No Doubt Lawsuit Against ...
Yeah...because when Gwen Stefani sings "Ring of Fire" in real life she miraculously sounds like Johnny Cash. It's quite a spectacle you need to see in concert.
(EDIT: this was meant as a reply to Greevar...but I failed at button clicking)
Re: Appeals Court Rules: No Doubt Lawsuit Against ...
I hope acti loses this one.
http://www.magicinkgaming.com/
Re: Appeals Court Rules: No Doubt Lawsuit Against ...
Right, because no band ever performs another group's songs in live concert ever.
-Greevar
-Greevar
"Paste superficially profound, but utterly meaningless quotation here."
Re: Appeals Court Rules: No Doubt Lawsuit Against ...
Is virtual karaoke circus act that much of an insult to No Doubt?
Re: Appeals Court Rules: No Doubt Lawsuit Against ...
Nope, No Doubt is an insult to virtual karaoke circus acts.
Re: Appeals Court Rules: No Doubt Lawsuit Against ...
Probably less an 'insult' and more a 'we gave you permission to use our assets for X and Y, but not Z.. you used them for Z, now we are annoyed'
Re: Appeals Court Rules: No Doubt Lawsuit Against ...
I just want to know what rock No Doubt was living under, that it came as any surprise to them. Had they really never seen a (whatever) Hero game before?
Re: Appeals Court Rules: No Doubt Lawsuit Against ...
I think it all comes down to what was in that contract. If they gave persmission for use of their assets in specific ways and did not give it in others, then regardless of what else has been put into the game, Activision would not have had permission to do so.
When dealing with stuff like this it is not unusual to put in artist-specific code branches.
Re: Appeals Court Rules: No Doubt Lawsuit Against ...
Activision is already retirign the Guitar Hero serie,s os, not liek they're doing any real damage other than financial.
Re: Appeals Court Rules: No Doubt Lawsuit Against ...
Nah, even if the Guitar Hero series continues it won't be doing much either. Not like people are going to stop playing the game just because they used someone's likeness without official paperwork.
Even if No Doubt fans somehow "boycotts" the game, it won't last long either, see: Modern Warfare 2.
Re: Appeals Court Rules: No Doubt Lawsuit Against ...
Honestly ,even if I was still a fan of them I wouldn't boycott the game, I'd get it because I'd think being able to play as a favorite rock star is a selling point.