Gibson 'Guitar Hero' suit thrown out
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Looking back, 2008 was a litigious year for Guitar manufacturer Gibson. Three years after a 2005 deal with Activision to have licensed the use of its guitars in Guitar Hero games, the Nashville-based instrument maker went after the Santa Monica-based game publisher in court.
Gibson's lawsuit contended that Guitar Hero's mock guitars--modeled on actual Gibson axes under license--infringed on a patent it registered in 1999 for "technology for simulating a musical performance." So adamant was the six-string supplier about its claims that it threatened legal action in a Tennessee court against retailers who sold Guitar Hero games and against Electronic Arts and MTV over Rock Band's faux guitar.
After the original filing last March, Activision quickly asked the US District Court of Central California to throw out Gibson's suit and prevent the guitar maker from seeking damages. Last Thursday, the court did exactly that, summarily dismissing the contention that Guitar Hero violated U.S. Patent No. 5,990,405, which Gibson holds.
"No reasonable person of ordinary skill in the relevant arts would interpret the '405 Patent as covering interactive video games," wrote Judge Mariana R. Pfaelzer in a stern ruling obtained by GameSpot. "Gibson would have this Court determine that any device that controls something that produces musical sounds is covered by the '405 Patent."
The Tennessee motions also appear doomed, as they had been stayed pending the outcome of Judge Pfaelzer's decision.
This article was originally posted on GameSpot.
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no judge should have the power of summary execution of a patent like this.
Gibson should appeal.
keep midi alive!!!
.
It was a patent on simulated musical performances... which is probably the dumbest patent ever awarded.
Games such as Guitar Hero, pay fees to use music in their games.
In fact, I would argue that games such as Guitar Hero have actually increased the demand for the real thing. I say this, because that's exactly what happened with my son. After becoming an expert on Guitar Hero (completing "Stairway to Heaven" on "Expert"!!!), he now has 2 electric guitars and plays on our church worship bands. He wants to go into the music industry.
The people at Gibson have lost their minds.
It's a game with a mock guitar look-alike thing with no strings and some buttons. Gibson should have the sense to accept the ruling and accept the free publicity the game provides.
Personally I would dump the name and ask one of their competitors if they can use theirs from now on. Gibson; hang your greedy heads in shame.
They were just trying to extort money from Activision and games retailers.
It should be a crime to use the legal process for extortion.
lehnerus
Sorry to say, for all of the good Henry J, the CEO has done in rescuing Gibson and Wurlitzer from oblivion, he is an attorney, and not IMO a real inventor. Despite his many patent filings, few if any of which have been built and put on the market.
This is where the patent system falls down: they no longer really require building what you patent, leaving the patent system and the marketplace at the mercy of "patent trolls".
Luckily for the majority of "real" inventors out there (you know, the ones with innovative ideas, but without the means to make them a reality) you don't have to own a factory to get a patent. You want to stifle innovation, make inventing solely the business of the big guys in the world (Apple, IBM, Microsoft, Activision, Gibson, Ford, GE, etc) - because what you propose would do exactly that.
lawsuit a few years ago against the very fine guitar
maker PRS. Since PRS makes a much better guitar than
Gibson this appeared to be their underhanded way of
"Competing". I cost PRS a huge amount of money to win
against this stupid suit. Activision should work with
PRS from now on.
Good for Your Son.
My Grandchildren have Rock Band World Tour and are getting very proficient with the instruments.
My 11 year old Grandaughter could / should be a KIck Butt Drummer.
FWIW I am a "dedicated" Gibson Product user but these lawsuits are BS,
HAIL ! Hail !! ROCK N ROLL !!!
brand, and even go for 'signature models', etc. As
imitation is the sincerest form of flattery, isn't it a good
thing that anyone coming to the guitar for the first time,
and doing it through gaming, thinks that, on the whole,
most guitars look like Gibsons, and not like the ubiquitous,
often-copied-never-bettered Strat stereotypes?
This is all a bit reminiscent of the Gibson/Paul Reed Smith
Single-cutaway Wars...
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