Appeals Court Rules: No Doubt Lawsuit Against Activision Can Proceed

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 ...

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.

 
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quiknkoldI'm 7 years old, and my cousin(Also 7, maybe 8 at this time) tells me has Battletoads. its Summer Vacation. We play and play and play until finally, We won coop. Those were the days.09/23/2014 - 5:29pm
quiknkoldlets take a moment to share some gaming memories, shall we?09/23/2014 - 5:28pm
MechaTama31I buy stuff off the eshop because it gives me the convenience of a flashcart without the guilt.09/23/2014 - 5:03pm
Montewell thanks for the info Eisen; try that the next time i need something off the eshop09/23/2014 - 3:54pm
james_fudgere: MP, i've sent tech support a note - thank you :)09/23/2014 - 3:14pm
IanCNah that wasnt directed at you Andrew :)09/23/2014 - 3:00pm
Papa MidnightRe: SIEGE 2014 Keynote: oh dear...09/23/2014 - 2:44pm
MaskedPixelanteDear GP, something called "doubleverify" is causing some nasty browser issues on my end. Probably one of your ads.09/23/2014 - 2:36pm
Andrew EisenOh hell no. No, it took Nintendo a dog's age just to get to the point its competitors have been at for a while! (And it's still not there yet, in a lot of respects.)09/23/2014 - 2:26pm
IanCSame as PSN handles it, fi you are trying to say only nintendo do that.09/23/2014 - 2:23pm
Andrew EisenYou have to try to purchase something first. Pick a game, hit purchase and if your wallet doesn't have enough to cover it, you'll be given an option to "add exact funds" or something like that.09/23/2014 - 2:05pm
MonteI have seen no option for that on my 3DS; anytime i want to add funds it only gives me the option to add in denominations of $10, 20, 50 or 10009/23/2014 - 2:03pm
IanCWhat Andrew Wilson said. PSN is the same when you make a purchase over a certain price (£5 in the UK)09/23/2014 - 2:02pm
Andrew EisenNeither eShop charges sales tax either. At least in California.09/23/2014 - 2:00pm
Andrew EisenBoth Wii U and 3DS eShops allow you to add funds in the exact amount of whatever's in your shopping cart. If your game is $39.99, you can add exactly $39.99.09/23/2014 - 1:57pm
Infophile@Matthew Wilson: As I understand it, any regulations to force tax online would also set up an easy database for these stores to use, minimizing overhead.09/23/2014 - 1:30pm
MonteReally, the eshop just does next to nothing to make buying digitally advantagous for the customer. Its nice to have the game on my 3DS, but i can get more for less buying a physical copy at retail. And that's not even counting buying used09/23/2014 - 1:18pm
MonteIanC, The Eshop wallet system only lets you add funds in set denominations and the tax makes sure you no longer have round numbers so you ALWAYS loose money. A $39.99 game for instance requires you to add $50 instead of just $4009/23/2014 - 1:13pm
Matthew Wilsonbut thats just it those sites, even the small ones, sell all over the country.09/23/2014 - 11:12am
Neenekoeither that or it would follow the car model of today. big ticket items are taxed according to your residence, not where you buy them.09/23/2014 - 11:07am
 

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