Gibson sues MTV, EA over "Guitar Hero"

[FLICKOFLASH]

Gibson Guitar said on Friday that it filed a patent infringement lawsuit against Viacom Inc's MTV networks and Harmonix as well as Electronic Arts relating to the wildly popular "Guitar Hero" video games.

The lawsuit, filed in Federal District Court in Tennessee, relates to the same patent involved in another suit Gibson filed earlier against various retailers, the Tennessee-based guitar maker said in a statement.

The "Guitar Hero" series has sold more than 14 million units in North America and raked in more than $1 billion since its 2005 debut.

Gibson said the games, in which players use a guitar-shaped controller in time with notes on a television screen, violate a 1999 patent for technology to simulate a musical performance.

Harmonix developed the first "Guitar Hero" game and was later bought by MTV. Electronic Arts and another company, Activision Inc, as well as several retailers, either develop, distribute or sell one or several of the games in the "Guitar Hero" series.

"This lawsuit is completely without merit and we intend to defend it vigorously," Harmonix said in a statement.

A spokesperson for Electronic Arts could not be reached for comment.

Earlier this month, Activision filed a preemptive suit against Gibson, which had complained that the games infringe upon one of its patents.
Activision filed a lawsuit asking the U.S. District Court for Central California to declare Gibson's patent invalid and to bar it from seeking damages.

Gibson, whose electric guitars are used by legendary blues and rock artists such as Eric Clapton, B.B. King and Slash, has been a high-profile partner in the "Guitar Hero" games.

Activision licensed the rights to model its video controllers on Gibson guitar models and to use their likenesses in the game.

Activision has said that by waiting three years to raise its claim, Gibson had granted an implied license for any technology.

Press Statement from Gibson Guitar in Regards to Guitar Hero Retailer Lawsuit

NASHVILLE, Tenn.--(BUSINESS WIRE)--On Monday, March 17th, Gibson Guitar Corp. brought a lawsuit against various retailers, which are selling Guitar Hero products that are infringing on one of Gibson Guitar's U.S. patents. Gibson Guitar took this action reluctantly, but is required to protect its intellectual property and will continue to do so against any other person in accordance with the law and its rights.

Gibson had tried to settle this issue by negotiating directly with Activision as soon as the patent filed through one of Gibson's divisions was discovered and validated by outside counsel. Activision chose to initiate litigation without notice to Gibson. Now Gibson must pursue enforcement of its patent which predates the launch of the Guitar Hero game by several years.

Gibson is known worldwide for producing classic models in every major style of fretted instrument, including acoustic and electric guitars, mandolins, and banjos. Gibson's HD.6X-PRO Digital Guitar and the Gibson Robot Guitar represent the biggest advances in electric guitar design in over 70 years. Founded in 1894 in Kalamazoo, Michigan, and headquartered in Nashville since 1984, Gibson Guitar Corp.'s family of brands now includes Epiphone, Dobro, Maestro, Kramer, Steinberger, Tobias, Echoplex, Electar, Flatiron, Gibson Baldwin Music Education, Slingerland, Valley Arts, Maestro, Oberheim, Sunshine Piano, Take Anywhere Technology, Baldwin, J&C Fischer, Chickering, Hamilton, and Wurlitzer. Gibson's website is Gibson: Electric Guitars, Acoustic Guitars, Bass Guitars, Pianos, Drums and Other Musical Instruments

[RR2rock]

Gonna be interesting how this bottoms out--

Gee...a billion dollars??? That's sure a lot, who knows, for these game players, their next step will be an actual 'Gibson' guitar.


Anyhow, interesting news feature and sure wonders how or where this will go.





~RR

[ThrashPirate]

Lame

"violate a 1999 patent for technology to simulate a musical performance."

Are you serious? Can you even patent something like this?

Did you guys see South Park's episode about Guitar Hero? It was hilarious!! Poor Randy could not impress his son and son's friends that he could play a REAL guitar!! Real guitar playing is SO GAY!!

[LoKi]

Originally Posted by ThrashPirate

Lame

"violate a 1999 patent for technology to simulate a musical performance."

Are you serious? Can you even patent something like this?

You can patent almost anything. There is a posting in the first sub forum that has a link to the actual patent. The wording is interesting, and it may actually have some merit.

They did wait a long time though. They probably forgot they held this patent until Rockband came out and Fender starting making money off the licensing instead of Gibson.

I think Gibbo knew it all along, only when the game started making real money did they want a piece of the pie. Gibbo is all about the money these days. I mean look at the price of a new les paul for gosh sakes. I really want a les paul but for me it's only going to be an empty dream, sad really....