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.

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Comments

Re: Appeals Court Rules: No Doubt Lawsuit Against ...

Submitted by CyberSkull on Wed, 02/16/2011 - 23:17.

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 ...

Submitted by mattchew86 on Wed, 02/16/2011 - 15:17.

But I thought No Doubt already was a circus act?

Re: Appeals Court Rules: No Doubt Lawsuit Against ...

Submitted by Defenestrator on Wed, 02/16/2011 - 14:52.

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 ...

Submitted by killatia on Wed, 02/16/2011 - 12:46.

I hope acti loses this one.

http://www.magicinkgaming.com/

http://www.killatia.com/

Re: Appeals Court Rules: No Doubt Lawsuit Against ...

Submitted by greevar on Wed, 02/16/2011 - 10:10.

Right, because no band ever performs another group's songs in live concert ever.

-Greevar

"Paste superficially profound, but utterly meaningless quotation here."

Re: Appeals Court Rules: No Doubt Lawsuit Against ...

Submitted by Adaptor on Wed, 02/16/2011 - 09:16.

Is virtual karaoke circus act that much of an insult to No Doubt?

Re: Appeals Court Rules: No Doubt Lawsuit Against ...

Submitted by MonkeyPeaches on Wed, 02/16/2011 - 16:10.

Nope, No Doubt is an insult to virtual karaoke circus acts.

Re: Appeals Court Rules: No Doubt Lawsuit Against ...

Submitted by Neeneko on Wed, 02/16/2011 - 09:30.

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 ...

Submitted by MechaTama31 on Wed, 02/16/2011 - 00:09.

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 ...

Submitted by Neeneko on Wed, 02/16/2011 - 09:29.

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 ...

Submitted by hellfire7885 on Tue, 02/15/2011 - 23:11.

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 ...

Submitted by Pvt. Jackass on Wed, 02/16/2011 - 01:50.

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 ...

Submitted by hellfire7885 on Wed, 02/16/2011 - 14:26.

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.

Shout box

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Matthew Wilson: https://soundcloud.com/totalbiscuit/weaponised-charity a interesting audio log.10/19/2014 - 12:04pm

prh99: Also there is no story in rational and respectful discussion (where you can find it).10/19/2014 - 10:44am

prh99: Well they are probably doing it on Twitter and probably the GG hashtag so any voice reason gets drowned out by idiocy. Also it's far easier to broad brush a group.10/19/2014 - 10:41am

Wonderkarp: dont fool yourself, Technogeek. Remember Mass Effect 3? How about the ferver against Phil Fish?10/19/2014 - 10:18am

MechaTama31: None of which is the fault or responsibility of the people who are not trolling, harassing, threatening, doxxing, etc. So why is their opinion hostage to the people who are?10/19/2014 - 10:06am

Technogeek: If the developer were male there wouldn't have been a "conversation" in the first place.10/19/2014 - 2:27am

Monte: trolls are just at their absolute worst when it comes to women and feminist. You could bet good money that if the developer were male the trolls would be silent and the conversation would actually focus on the journalism.10/18/2014 - 9:18pm

Monte: Papa: Not the first time we've had a journalism scandals before, but the harassment never got close to this level; the difference with this scandal is that feminists are involved. Without the feminist angle, their would be A LOT less harrassment10/18/2014 - 9:15pm

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

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

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

Wonderkarp: Zippy : Havent tried the PS4 controller. might later.10/18/2014 - 2:37pm

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

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

ZippyDSMlee: Wonderkarp: You might be able to if you had a PS4 controller.10/18/2014 - 1:00pm

MaskedPixelante: http://store.steampowered.com/app/327940/ Night Dive starts charging for freeware.10/18/2014 - 12:21pm

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

MechaTama31: So, only speak out on a scandal that hasn't attracted trolls? I wouldn't hold my breath...10/18/2014 - 10:49am

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

All shouts

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