Gibson Guitar has launched a law suit against Activision claiming the publisher hasn't got the license for software used in the Guitar Hero game, its expansions and the guitar controller itself.
Harmonix are already pressing legal avenues to claim royalties for Guitar Hero III, it seems everyone wants a piece of the simulated rock pie which since 2005 has netted over $1 billion.
Gibson demands that Activision cough up the cash and buys this 'license' to use their patent or they say all Guitar Hero related merchandise should be immediately halted from sale.
"Based on our preliminary analysis, the Guitar Hero software (including any expansion packs) and the guitar controller provided by Activision being used as a musical instrument (packaged with the software or sold standalone) are covered by the ... patent," read the letter Gibson sent to Activision in January. "Gibson requests that Activision obtain a licence under Gibson's... Patent or halt sales of any version of the Guitar Hero game software."
Naturally Activision has launched their own attack where they want clarification over this sudden move by Gibson Guitars, they say they had an "implied license" since they've waited three years before making this spontaneous claim against the publisher.
"Gibson is a good partner, and we have a great deal of respect for them," said George Rose, general counsel for Activision. "We disagree with the applicability of their patent and would like a legal determination on this."
Perhaps fans should file their own lawsuit citing the training and encouragement they've received from Guitar Hero is in fact a rose-tinted and naive view of the music industry. Lookout Activision...
Gibson launches patent suit against Activision about Guitar Hero
13 March 2008 | By Jamie Davey