Guitar Hero No More?

Gibson Files Suit Over "Guitar Hero"
Gibson has told Activision Inc that its popular "Guitar Hero" video games infringe one of Gibson's patents. Gibson said the game violates a 1999 patent for technology to simulate a musical performance. A copy of Gibson's patent included in the court filing showed a method for simulating a live performance using a musical instrument, a 3D headset with stereo speakers, and a pre-recorded concert.

"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," Gibson's law firm said in its January 7 letter. "Gibson requests that Activision obtain a license under Gibson's ... patent or halt sales of any version of the 'Guitar Hero' game software."

On Tuesday, 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 made its claims in a letter sent to Activision in January, a copy of which was included in Activision's lawsuit. Gibson has been a high-profile partner in the "Guitar Hero" games, with Activision licensing the rights to model its controllers on Gibson guitar models and to use their likenesses in the game.

"Gibson is a good partner, and we have a great deal of respect for them. We disagree with the applicability of their patent and would like a legal determination on this," Activision general counsel George Rose said in a statement.

Activision said its games did not infringe Gibson's patent, and that by waiting three years to raise its claim, the guitar maker had granted an implied license for any technology.

(Source: Reuters)