Gibson launches Guitar Hero lawsuit

By Ellie Gibson Published 13 March, 2008

Claims patents have been infringed.

Gibson Guitar has filed a lawsuit against Activision, claiming the Guitar Hero games infringe one of the company's patents.

According to Reuters, Gibson has a 1999 patent for technology used to simulate a musical performance. It sent a letter explaining this to Activision in January.

"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," the letter read.

"Gibson requests that Activision obtain a licence under Gibson's... Patent or halt sales of any version of the Guitar Hero game software."

It's all a bit odd as the two companies have previously been big chums; Activision is licensed to model the Guitar Hero controllers on Gibson guitars and their likenesses appear in the games.

"Gibson is a good partner, and we have a great deal of respect for them," said Activision general counsel George Rose.

"We disagree with the applicability of their patent and would like a legal determination on this."

In other words, Activision has gone and filed its own suit - asking the court to declare Gibson's patent invalid, and bar it from seeking damages. Activision claims Gibson granted an "implied licence" by waiting three years to make its claim.

This isn't the only legal tangle the publisher is caught up in; Guitar Hero creator Harmonix is claiming its own royalties for the third instalment in the series.

Still, there's probably enough gold to give everyone a share and still have change for chips. More than 14 million Guitar Hero games have been sold in North America alone, and the game has raked in more than USD 1 billion since its 2005 debut.

Picture of Ellie.

About Ellie Gibson

Since joining Eurogamer in the mid 2000s, Ellie has written about subjects as diverse as the fall of Gizmondo, the rise of Hollyoaks actresses in Red Alert games and the noise a bear makes under NSFW circumstances.

Read more articles from Ellie by visiting the Ellie Gibson archive page.

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Comments (13) Latest comment 4 years ago

Comments threads automatically close after 30 days, but please feel free to continue chatting on the forum!

  • Redeye #1 4 years ago

    Bend over, Activision - everyone wants a go.

    Better hope there's time for lubricant. >;)

  • Hench #2 4 years ago

    lol Redeye

  • DADHAT #3 4 years ago

    I have Guitar Freaks with the plastic guitars on the PSone at home, and that was around way before Guitar Hero... or does this patent cover some other technology?

  • w00t #4 4 years ago

    Like sharks circling the smell of money in the water...

    "They made HOW MUCH from Guitar Hero!?
    Get the lawyers. We can get a slice of this."

    Although Harmonix's claim is legit.

  • McBradders #5 4 years ago

    This is what happens when you cockblock Harmonix.

    Haw haw :3

  • Pirotic #6 4 years ago

    why, did Ellie break a nail playing?

  • Masarin #7 4 years ago

    Die patents, die!

  • seasidebaz #8 4 years ago

    hang on, i thought guitar hero had a gibson sg controller?

    if so, wtf?

  • neuroniky #9 4 years ago

    @Redeye:

    Remember, there's ALWAYS time for lubricant.

  • monkie_king #10 4 years ago

    Spitting on it doesn't count.

    What is Harmonix's claim based on? Doesn't that imply that any developer that parts company with its IP is similarly entitled to royalties from subsequent sequels?

  • UncleLou #11 4 years ago

    Die patents, die!


    Wow, yeah, that would be great. Noone investing in the development of new technology anymore because they'll never be able to cover the development costs, terrific idea.

    Just because the patent system sometimes gets abused (and you have no idea if that's even the case here), and US software patents are crap, doesn't mean they are bad. Patents drive innovation, they don't restrict it,.

  • silver-jon #12 4 years ago

    Die, lawyers, die.
    Why can't Gibson just be happy that they're getting a bunch of free advertising every time someone plays the game, that probably thousands of people worldwide have since gone on to think "hey, you know what ? I enjoy playing that game and I always wanted to actually play a real guitar" and then gone and bought a Gibson guitar. And why join the fray when the game (and presumably the original infringement) has been known about for over 2 years ?

    Did I hear someone at the back say "greed" ?

  • smelly #13 4 years ago

    "hang on, i thought guitar hero had a gibson sg controller?

    if so, wtf? "


    Did you actually read the article before going to the comments?