Gibson is trying to get Activision to stop selling "Guitar Hero"

[Hexa]

Hi all,

Just found this article.... I thought that Gibson already had a deal with them to license the Les Paul trademark. Sounds like Gibson is trying to be a bit greedy.


The Associated Press: 'Guitar Hero' Subject of Patent Dispute

LOS ANGELES (AP) — Video game publisher Activision Inc. has asked a federal court to declare that its popular "Guitar Hero" game does not violate a patent held by real-guitar maker Gibson Guitar Corp.

Gibson's 1999 patent covers a virtual-reality device that included a headset with speakers and that simulated participating in a concert, according to a complaint filed on Tuesday by Santa Monica, Calif.-based Activision in U.S. District Court in Los Angeles.

Gibson is trying to get Activision to stop selling "Guitar Hero" until it gets a license under the patent, according to the complaint. But Activision says it doesn't want or need a license under the patent.

[Paul46]

Gibson greedy? Whatever next???

[dwagar]

hey, c'mon, those poor lawyers need to work too you know?

[Hexa]

Originally Posted by dwagar

hey, c'mon, those poor lawyers need to work too you know?

That must be the reason

Anyways, just found it funny that Gibson would partner with a company to exclusively present Gibson guitars in a game to later sue them because they built the guitar simulation game in question.

[diceman]

Originally Posted by Hexa

That must be the reason

Anyways, just found it funny that Gibson would partner with a company to exclusively present Gibson guitars in a game to later sue them because they built the guitar simulation game in question.

I was going to say the same thing! Thats ridiculous...

[SamsDaddy]

I have been reading a bit about this issue and the main speculation is that Gibson MUST sue Activision in order to protect their patent even though they have partnered with them. In fact, Activision may well be a willing participant in the suit and they may reach an easy settlement just to satisfy that Gibson has defended their patent.

The idea here is that if Gibson does not sue to protect their patent, then some other third party can come along at any time and contest that Gibson's patent in invalid since they didn't defend it.

That is just some of the speculation I have read. I will have to wait to hear more facts before casting judgement. I just wanted to put this out there because I think a lot of people too eagerly jump on the "Gibson are greedy bastards" bandwagon without considering that there might be another side to the issue.

[LoKi]

This is in the backstage too. I don't think the suit will fly because Guitar Hero has nothing to do with simulating actual music. It is a game of reflex and timing, the guitar shaped controller is the only thing that makes it remotely similar and even that isn't necessary to play the game.

[Mikeeeeh]

Originally Posted by LoKi

This is in the backstage too. I don't think the suit will fly because Guitar Hero has nothing to do with simulating actual music. It is a game of reflex and timing, the guitar shaped controller is the only thing that makes it remotely similar and even that isn't necessary to play the game.

The article states the patent is not about simulating atcual music but simulating participating in a concert

I'm no law expert by any means but it could be interpreted either ways... complete farse though IMO

[Yowzer]

I thought I read somewhere that part of Activision's defense was that Gibson didn't defend the patent prior to this. My memory sucks, though, and I am too lazy to try and find it now.


To be honest, I always thought that Guitar Hero was just DDR for people who didn't want to look foolish jumping around on those mats.

[dwagar]

I always thought that, instead of buying your kid Guitar Hero and a nintendo or whatever it is, buy him a real guitar and get him some lessons.

Instant gratification isn't all it's cut out to be.

[Oh_Well!]

You've said all too well! I couldn't agree with you any more.

[BlaZ1n]

I am 23 and kind of grew up playing video games. Funny thing I tried to play this the other nght. Couldn't do it. Knowing how to play the song on a real guitar caused me to mess up lol.

[LPNick]

Thats funny, im 19 and the first time I picked up GH 1 I was instantly good at it, hmm. The 1st 2nd and 3rd came around, never owned them, I sold my video games to get a 1984 JCM 800 :P. Now Rock Band is out with nothing to do with Gibsons, but I think the game isn't the best simulation, granting that there are only 5 buttons and when the notes go down or up in pitch the guitar doesn't always match it. And another thing is that the songs picked are USUALLY poor at best. There are only a few classics, and the majority being power chord crap from now. Hopefully they will get their heads in the right place in the future of this franchise....

[LoKi]

I'm not bad at GH... But if I know how to play the song already, the muscle memory kicks in and screws me every time... Haha

GH isn't a simulation at all. Its a game of timing and reflex, and is absolutely nothing like playing a real instrument in any setting.

Why isn't Gibson going after Rockband instead? They aren't published by the same company, and Rockband is more of a simulation *with everything from buying a van, to hiring a manager and going on tour*.

Oh well.

[LPNick]

Originally Posted by LoKi

I'm not bad at GH... But if I know how to play the song already, the muscle memory kicks in and screws me every time... Haha

GH isn't a simulation at all. Its a game of timing and reflex, and is absolutely nothing like playing a real instrument in any setting.

Why isn't Gibson going after Rockband instead? They aren't published by the same company, and Rockband is more of a simulation *with everything from buying a van, to hiring a manager and going on tour*.

Oh well.

Because Rock Band isn't at all associated with gibson. The controller is a strat and the in-game guitar are fender and gretsch, so they have no reason to.

[GNR4EVR]

Isnt that kinda like letting an old lady back into your car even though you see her getting ready to but let her anyway?....

[LoKi]

Originally Posted by LPNick

Because Rock Band isn't at all associated with gibson. The controller is a strat and the in-game guitar are fender and gretsch, so they have no reason to.

It has nothing to do with association with Gibson, its about patent infringement. Activision and Gibson have a partnership to allow their guitars in the game. Always have. Gibson is claiming they own a patent on a similar device, and the law requires they defend their patent, otherwise it sets a bad precedent.

[Glester]

That Guitar Hero game is so gay, Gibson should hang their heads in shame for even thinking of a lawsuit because the toy guitar is a single cut that looks a bit like a les paul, with red green and yellow plastic buttons on it, what a bunch of fags

[GNR4EVR]

Call it what you will, but it inspires folks to want to learn for real, theres something to be said about that

[dubyatf]

I'm headed to the toy store now to stock up. I know these pre-lawsuit Guitar Heros are going to be worth more than the forthcoming ones.

[LPNick]

Originally Posted by LoKi

It has nothing to do with association with Gibson, its about patent infringement. Activision and Gibson have a partnership to allow their guitars in the game. Always have. Gibson is claiming they own a patent on a similar device, and the law requires they defend their patent, otherwise it sets a bad precedent.

Not to start an argument, but Rock Band was developed by Harmonix Music Systems which is not part of Activision. Unless Gibson has all rights regarding the controller and the supposed "concert simulation" Rock Band isn't included in this.

[LoKi]

Originally Posted by LPNick

Not to start an argument, but Rock Band was developed by Harmonix Music Systems which is not part of Activision. Unless Gibson has all rights regarding the controller and the supposed "concert simulation" Rock Band isn't included in this.

I already said that. The only reason why I brought up 'Rockband' is because they are more of a 'simulation' of performing than Guitar Hero. Neither is a true simulation though, they are games based on timing and reflex.

We'd have to actually see Gibson's patent, or a prototype to find the comparison, but I can't see this lawsuit amounting to anything.

[drewbertca]

If this Law suit is based on concert simulation, does that mean if I try and fail to put on a concert (play one and suck) using my Les Paul am I going to be sued too? Does Gibson have a patent on concerts....if so a lot of people and companies are in trouble.

[LoKi]

Originally Posted by drewbertca

If this Law suit is based on concert simulation, does that mean if I try and fail to put on a concert (play one and suck) using my Les Paul am I going to be sued too? Does Gibson have a patent on concerts....if so a lot of people and companies are in trouble.

I don't doubt they'd try.

I've seen plenty of bands that deserve to be sued for being pure shite.

[drewbertca]

Originally Posted by LoKi

I don't doubt they'd try.

I've seen plenty of bands that deserve to be sued for being pure shite.

Lol me too...but they are sometimes good for a laugh....

[LoKi]

Originally Posted by drewbertca

Lol me too...but they are sometimes good for a laugh....

It's like karaoke... I wonder if Gibson will sue everybody with karaoke setups? I mean, it lets you simulate that you have talent.

Always good for a laugh, especially hardcore Japanese karaoke.

[Kuroyama]

Dude! I sing Japanese karaoke!! Ive even been known to beat Japanese people at singing it. (yeah, that takes practice)

Ill be honest. I started playing guitar years ago and quit. Just lost motivation. Recently (1-2 years ago?) I STRONGLY considered buying Guitar Hero for my Playstation.

But I figured... if I can be motivated enough to learn to play a plastic 4 button guitar... I can get off my arse and learn the real thing. Im glad I made that choice, but GH helped me to make it.

[MrWrong]

Gibson has sued both Harmonix and Viacom over Gibson's patent for music concert simulation. Here are some links, and there are some diagrams at the patent office link if you have the right QuickTime browser plug-in.

Gibson Patent for Music Simulation

Wired article 1, on Music Simulation

Wired article 2, Gibson suit against Harmonix

[LoKi]

Originally Posted by Kuroyama

Dude! I sing Japanese karaoke!! Ive even been known to beat Japanese people at singing it. (yeah, that takes practice)

Ill be honest. I started playing guitar years ago and quit. Just lost motivation. Recently (1-2 years ago?) I STRONGLY considered buying Guitar Hero for my Playstation.

But I figured... if I can be motivated enough to learn to play a plastic 4 button guitar... I can get off my arse and learn the real thing. Im glad I made that choice, but GH helped me to make it.

Guitar hero is a lot of fun! I'd recommend it, just for parties even.

That patent has some interesting wording... The lawsuit might actually be legit...

[GNR4EVR]

Damn! Guess that means I cant play GNR on my Les Paul anymore cuz Im "Simulating". Wouldnt want Gibson's lawyers to get a woodie over that.