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Activision responds to No Doubt lawsuit photo

Yesterday we learned that No Doubt was suing Activision over its appearance in Band Hero, seemingly encouraged by the Kurt Cobain situation and claiming that they never agreed to be used as in-game puppets that sing any crap song on command. Activision has since bitten back and -- surprise surprise -- denies any wrongdoing.

"Some of the world’s most popular and iconic artists have been featured in Guitar Hero as playable characters, and we are proud to count No Doubt among them," responds the evil publisher. "Activision has a written agreement to use No Doubt in Band Hero -- an agreement signed by No Doubt after extensive negotiations with its representatives, who collectively have decades of experience in the entertainment industry.

"Pursuant to that agreement, Activision worked with No Doubt and the band’s management in developing Band Hero. As a result, Activision believes it is within its legal rights with respect to the use and portrayal of the band members in the game and that this lawsuit is without merit. Activision is exploring its own legal options with respect to No Doubt’s obligations under the agreement."

While I'm not one to usually side with Activision, lawsuits brought about by the bruised egos of musicians who are taking themselves too seriously aren't things I like to see. I'm also fairly certain that Activision, of all companies, would have made sure that its agreement with No Doubt was iron-clad before Band Hero arrived. The publisher doesn't strike me as the kind of company to not make sure its back is covered.

What do you think? Is the band just stomping its feet because it wasn't aware of what it agreed to, or should the evil publisher admit it's wrong to make Gwen Stefani sing Spice Girls songs?


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41 comments | showing # 1 to 41

Tubatic's Avatar - Comment posted on 11/05/2009 10:42
Tubatic
Thigh.
Harris Hatsworth's Avatar - Comment posted on 11/05/2009 10:43
Harris Hatsworth
I hate musicians.
Dexter345's Avatar - Comment posted on 11/05/2009 10:48
Dexter345
I'm with you, Jim. I hate to defend Activision, but my guess is that the contract signed by No Doubt's representatives clearly spells out what can and cannot be done with the band's likeness, and I'd bet this is well within those limits.
Preacher747's Avatar - Comment posted on 11/05/2009 10:49
Preacher747
Wow, selling out finally bites back. Hopefully this will make famous musicians read the fine print before they sign that deal and cash that licensing check. Sometimes merchandising is not the answer.
mgmgarcia01's Avatar - Comment posted on 11/05/2009 10:50
mgmgarcia01
It sounds like maybe No Doubt's lawyers didn't read the contract properly. Also, what Preacher said.
PhazonYoshi's Avatar - Comment posted on 11/05/2009 10:53
PhazonYoshi
It's wrong to make -anybody- sing spice girls songs.
shinryu108's Avatar - Comment posted on 11/05/2009 10:54
shinryu108
I put my signature on a piece of paper because they promised me some cash for my next botox shipment but now I don't want my fans to think I'm selling out. WAT DO?
Nicojay2's Avatar - Comment posted on 11/05/2009 10:58
Nicojay2
I cannot believe that the contract does not clearly state either that No Doubt's likenesses can only be used in conjunction with their songs or that the likenesses can be whored to whatever crap tune Band Hero is padded with.
Does anyone know if one can view these contracts online (super-duper unlikely).

Also thigh.
Sonvar's Avatar - Comment posted on 11/05/2009 10:59
Sonvar
If I were No Doubt I wouldn't want to be seen singing No Doubt songs because it's downright embarassing.

Sarcasm aside they signed a contract allowing themselves to be put into the game much like the Cobain one and they really don't have much valid legal recourse. When they signed up to do this they had to know that was going to happen and to say they didn't is just ignorance on their part which the law doesn't care about.
RenagadePanda's Avatar - Comment posted on 11/05/2009 11:00
RenagadePanda
I'm sure Gwen Stefani loves the Spice Girls.
andycadaver's Avatar - Comment posted on 11/05/2009 11:01
andycadaver
Oh, it's ON! I'm suing you Mister Sterling, for violating the code of honor by depicting No Doubt as only Gwen Stefani in that header image, when No Doubt is in fact a whole band made up of multiple people! What makes you think you can use the likeness of some solo musician in place of the likeness of a whole band when it's the whole band that should be properly displayed? You crazy, out-of-control, egotistical, megalomaniacal, Avatar-loving, British, used-to-be-wearing-a-monocle nonsensical journalist! I'll have your balls for this, do you hear me? YOUR BALLS.
Ganjookie's Avatar - Comment posted on 11/05/2009 11:01
Ganjookie
I'm with all of the bands here. Use their likenesses for their songs not others bands/musicians.

Activision should get a clue after 3 or 4 lawsuits and realize that artists do not want to be represented playing other artists songs.
JayZilla's Avatar - Comment posted on 11/05/2009 11:02
JayZilla
gee when are the other artists gonna start suing Activision for letting other band's likenesses sing their songs...
Threaded's Avatar - Comment posted on 11/05/2009 11:03
Threaded
If it has legal merit I'm fine with this. I doubt many musicians would want their likeness singing other bands work, crap or otherwise. (I doubt the other band would want them singing their song as well)

If it's just them trying to "lolsue" even though they knew their likeness may be used to sing other songs then they can just screw off.
Nicojay2's Avatar - Comment posted on 11/05/2009 11:12
Nicojay2
Jayzilla's on to something there. If the contracts aren't clear as to whom can appear performing a song artists can go all kinds of sue-happy on Ativisions ass. This drama may never end.

Stefani breast or thigh?
andycadaver's Avatar - Comment posted on 11/05/2009 11:15
andycadaver
@Nicojay2
Are you kidding? Always the thigh. Much better meat.
WormFOODx's Avatar - Comment posted on 11/05/2009 11:15
WormFOODx
Ultimately it isn't the fact that they are suing Activision due to a bruised ego, but the real concern is what was the representation and negotion like with Activision? The courts will have to look to see if they can find evidence that Activision misrepresented what the bands were commiting to.

If the band wins though it will open the doors to all of the iconic figures from their recent games to sue.
Tino's Avatar - Comment posted on 11/05/2009 11:15
Tino
Come on No Doubt, what's so bad about this?

Whine whine whine. Really, your following in the footsteps of Courtney Love here. Have you ever read that woman's Twitter? Are you SURE you want to be like her?

Side note, DO read that woman's Twitter. It's painful.
mourning orange's Avatar - Comment posted on 11/05/2009 11:21
mourning orange
Nice gams on that one
Xzyliac's Avatar - Comment posted on 11/05/2009 11:21
Xzyliac
I know I said alot when this first came up but I'll say it again becase this is the Internet:

This is what musicians do all the time and more often than not it falls into the favor of Evil Corporation X. There's something to be said about that and also to the fact that this isn't the first time somebody has gotten pissy over ylthe use of their likeness in GH and every time they fail.

Lesson? Don't do business with Activision. They have evil magic words in their contracts that blindsight lawyers.
Preacher747's Avatar - Comment posted on 11/05/2009 11:32
Preacher747
@Xztliac
I think those "evil magic words" are commas followed by lots of zeros; they distract from the actual words written on the contract.
Vectrex's Avatar - Comment posted on 11/05/2009 11:34
Vectrex
Thigh, leg, and HEELS.
Saborlas's Avatar - Comment posted on 11/05/2009 11:40
Saborlas
Say what you will about No Doubt, Gwen Stefani is hot. I'd hit that so hard, if you pulled me out you'd go seven years into the future.
Haeon's Avatar - Comment posted on 11/05/2009 11:41
Haeon
And I quote: 'To this day, I have no idea what that woman was singing about. Like literally no idea. I don't know what a "Holla back girl" is. But I have to imagine it's a foul disease ridden thing that wears too much make up to cover up the fact that it's a 47 year old fishdog.'
Tubatic's Avatar - Comment posted on 11/05/2009 11:56
Tubatic
THIIIIIIGH!

free touch's Avatar - Comment posted on 11/05/2009 12:12
free touch
haha, she's 40.
SecCom's Avatar - Comment posted on 11/05/2009 12:16
SecCom
I think part of the issue here is that No Doubt and other artists have seen Beatles: Rock Band and thus how a music game should really work in terms of representing a band. Now that they've seen the light, they are regretting their decision to go to Activision.
Nicojay2's Avatar - Comment posted on 11/05/2009 12:21
Nicojay2
Definitely agree, thigh man myself, just need to baste her thigh in my special hot sauce.

What was the article about again?
munkee's Avatar - Comment posted on 11/05/2009 12:40
munkee
how fucking sexy is that picture, hey :D

anyway, get over it 'no doubt'.. they are probably reaping royalties from activision constantly or got paid a huge sum of money in the first place. Its not as if they are broke is it?!
matrixdude171's Avatar - Comment posted on 11/05/2009 13:41
matrixdude171
Don't they realize they're just a bunch of glorified screamers?
Snaileb 's Avatar - Comment posted on 11/05/2009 14:01
Snaileb
I like money.
BattyAdroit's Avatar - Comment posted on 11/05/2009 16:48
BattyAdroit
Jim: Read my comments in the other front page story about this. I think the issue is way more complicated than some of the "LOL EVIL ACTIVISION FOOLED STUPID NO DOUBT INTO SIGNING AWAY THE RIGHTS OF THEIR LIKENESSES BCUZ THERE SMART AND COOL AND USE TRICKY WORDING AND I DONT EVEN LIKE NO DOUBT ANYWAY SO WHO CARES!!! ALSO JIM STERLING BIAS JOKE!!!!1" responses that you'll probably see in this thread.

As far as a band having a "bruised ego" - well, I think any artist has a right to protect their image and intellectual properties. If No Doubt doesn't want their likenesses singing NKOTB songs, I think they should have some say about it.

No Doubt claims that the contract obligates Activision to use their likenesses only for their three songs. I know from personal experience that what a contract states, and what the developer actually does, can often be two completely different realities - especially in a megasuperhuge organization such as Activision. That's why lawsuits happen.

But see, not many people here will even consider that. I think if it were a band we were collectively interested in (Children of Bodom for example), we might be willing to see the issue differently.
munkee's Avatar - Comment posted on 11/05/2009 16:52
munkee
@ BattyAdroit

Your points are completely valid.. unfortunately your first paragraph makes you come across like a smug twat :D
BattyAdroit's Avatar - Comment posted on 11/05/2009 16:54
BattyAdroit
@munkee: Did this just occur to you? :)
WarZombie's Avatar - Comment posted on 11/05/2009 17:36
WarZombie
Should've read the contract. Not Activision's fault that you guys are retards (And your music sucks).
bickle's Avatar - Comment posted on 11/05/2009 17:50
bickle
@WarZombie

So you read the contract and know that the claims are without merit? Congrats, you should offer you services as legal counsel rather than wasting time on a videogame message board.

Or I guess it just *might* be possible that you have no idea what you are talking about.
DLord25's Avatar - Comment posted on 11/06/2009 00:25
DLord25
Pathetic. I will wager my first born that both No Doubt AND Courtney Love signed an agreement to this without really reading or knowing what they were signing. I will now wager my second child that they saw royalties (read: cash money) and jumped on it without any thought to the logistics. No one is as bad with money as music artists. No one. Cry me a river on your fucking mountain of cash you may or may not have squandered in your HeyDay.
Pyrex is Metal's Avatar - Comment posted on 11/06/2009 11:28
Pyrex is Metal
Unfortunately for Gwen, her legal council was a gaggle of bubbly japanese schoolgirls. I like No Doubt but seriously, get over yourselves, this is a non-issue.
Sharpless's Avatar - Comment posted on 11/07/2009 18:43
Sharpless
Fuck the law. I'd rather hurt Activision.
siriusly's Avatar - Comment posted on 11/07/2009 23:07
siriusly
I'll tell you what happened. No Doubt signed that contract, cause the idea of them as playable characters sounds good on paper. Then they saw what the in-game models actually looked like dancing around and singing and they weren't having that.
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