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Activision sued over Guitar Hero's mono sound issue

8:35 PM on 12.12.2007, Colette Bennett 50 comments

Activision sued over Guitar Hero's mono sound issue photo
     Legal System

There's something about rocking out with your cock out and lawsuits that seem to go hand in hand, whether it comes to the legality of mosh pits or whose song was whose first. Activision is certainly seeing the results of this pairing, as they have recently been named in a class action suit that claims they willfully deceived the consumer by advertising the Wii version of Guitar Hero III as having Dolby Pro Logic II surround sound (rather than mono sound, which is what it actually has).

Via Game | Life:

"The suit, brought by plaintiff Samuel Livingston of San Diego and represented by the law firm KamberEdelson, LLC, "seeks actual damages, individual restitution, equitable relief, civil penalties, costs and expenses of litigation, including attorney's fees, and all further relief available."

The suit claims that Activision has not rectified the problem for "any purchaser" of Guitar Hero III, nor has it taken steps to point out the issue to future purchasers. By noting that the game is still on store shelves this holiday, the suit alleges that Activision is continuing to engage in deceptive practices."

Ugh. I don't suppose the 2008 replacement discs promised by Activision after the complaint surfaced is bandaging this one. Wired contacted Activision for comment, but were merely told the company "cannot comment on any on-going litigation." They're either huddled in the boardroom trying to figure out what to do next, or holed up in hotel rooms borking the groupies they've earned from including "Rock you Like a Hurricane" among Guitar Hero III's song choices.


Next page: More Activision stories




Patriot SE's Avatar
Patriot SE at 12/12/2007 20:45
Any sensible judge will see that Activision has made a very clear attempt at rectifying the issue and this loser is just out to make quick cash and some minor notice from the gaming public.
Scrixx's Avatar
Scrixx at 12/12/2007 20:48
I'm sueing destructoid for the image they used for this article because it made me laugh so much, I pissed my pants.

Everyone should do it, it's the latest rage.

/kidding, I heart destructoid.
DarkTetsuya's Avatar
DarkTetsuya at 12/12/2007 20:54
Normally I'd dismiss this as a 'frivolous' lawsuit, but then I heard about the blocking the patch for ROCKBAND to make the GHIII guitars play nice, so I say... take Activision to the cleaners!
Ichigo Style's Avatar
Ichigo Style at 12/12/2007 20:57
Shouldn't Activision be concerned about their own defects before they go wagging their finger at EA? Hmm now?
Shin Oni's Avatar
Shin Oni at 12/12/2007 21:00
If Activision wanted more business, they'd just let the damn guitars be compatible. I mean, I don't see the harm.
Cyberxion's Avatar
Cyberxion at 12/12/2007 21:02
Yeah, so...um. Hmn. I've heard that the problem aint all that big a deal, but y'know, people like to sue.
TheStripe's Avatar
TheStripe at 12/12/2007 21:05
Activision will settle at about the same time the guy realizes he has no case because a fix is underway. This won't even make it to court. Activision, like any publicly traded company, can't take this to court. The bad press alone is worth far more than what this guy will settle for, let alone actually paying lawyers to go to court and the associated fees. Really, all you have to do to make mad cash in the US is find a company with any sort of liability, and sue. Even if you have no case, you'll get a settlement, because these companies can't have the bad press of a lawsuit in court. Patent infringement is about the only one that HAS to go to court if the company believes they're right because a settlement would have to include a per-item license for using technology they didn't have rights to. Defeating infringement allegations in court removes that indemnity. (My roommate is a law student. Watching him suffer makes me glad I have a real job.)
Husky Hog's Avatar
Husky Hog at 12/12/2007 21:13
Rock out with your cock out
Dexter345's Avatar
Dexter345 at 12/12/2007 21:25
God, don't people have something better to do with their time? I mean, I'm not for companies not delivering on promises, but are there other ways to go about handling it, like, I don't know, waiting for the free replacement discs? Some people really make me sad for humanity.
Jayson Napolitano's Avatar
Jayson Napolitano at 12/12/2007 21:25
Serious. What a clown. People will sue for anything.
Scape's Avatar
Scape at 12/12/2007 21:27
As petty as this lawsuit seems to be..after what Activision did blocking Harmonix's Rock Band patch I can only wish the worst for them when it comes to GH.
TheStripe's Avatar
TheStripe at 12/12/2007 21:40
I've been wishing for GH to blow up in Activision's face ever since their old-money white CEO said of Rock Band "I haven't seen the product yet."
Spykron's Avatar
Spykron at 12/12/2007 21:50
so is this the 3rd or 4th lawsuit for GH3? i lost count.
Ichigo Style's Avatar
Ichigo Style at 12/12/2007 21:55
Cyberxion: I take it you only have one speaker? The difference between Mono and Dolby Pro Logic II is pretty big...
Barcode's Avatar
Barcode at 12/12/2007 22:02
It might be best for them to let people with the mono discs to get discs in the mail that have the patch needed to fix the problem.

Not only that, it's retarded of the guy to force a lawsuit. They could've asked for a free copy of the fixed game.
CaptainApocalypse's Avatar
CaptainApocalypse at 12/12/2007 22:15
I hate how litigious our society has become, but Activision was kinda asking for this one. Don't tell me that they didn't know. They're not sorry, only sorry they got caught.
Samit Sarkar's Avatar
Samit Sarkar at 12/12/2007 22:20
I want Activision to go down, but at least they’ll be offering replacement discs eventually. Someone should sue them for blocking the PS3 patch to make the Les Paul compatible with Rock Band. I still don’t see why more people aren’t furious about it—Activision is targeting PS3 owners specifically, because the 360 Les Paul already works with Rock Band! That’s some bad business, if you ask me. I also can’t understand why Activision even has a say in a patch that was developed by Harmonix’s software engineers and submitted to Sony for release on the PSN. It doesn’t make any sense to me.
The-Excel's Avatar
The-Excel at 12/12/2007 22:36
How does a franchise with such a long history of lawsuits behind it survive this long?
John B's Avatar
John B at 12/12/2007 22:38
*sigh* If they were like the old Activision from the Atari 2600 and C64 era, this would never have happened. They knew how to come out with flawless, kick-ass games back then.

That said, I think that this lawsuit is unnecessary and yet another abuse of the legal system. They have already announced a replacement plan. Let's see how that fares before firing off a lawsuit. Hopefully, they'll also fix the awful timing issues on certain songs as well.
Necros's Avatar
Necros at 12/12/2007 22:43
They already said they're trying to fix it, and people can send away for a fixed game for free. What more do they want?
Gamechamp's Avatar
Gamechamp at 12/12/2007 22:45
But at what point would you ever want the game to play different sound on each speaker in a music game? It would just make it awkward!
FrozenSpaceMonkey's Avatar
FrozenSpaceMonkey at 12/12/2007 22:56
This makes The Don't-Sue-People Panda a sad panda...

but seriously, I couldn't really notice that my friend's Wii copy of GH3 was monaural sound
bleep's Avatar
bleep at 12/12/2007 23:03
hoydensnare's Avatar
hoydensnare at 12/12/2007 23:09
Sue their pants off! How a music based video game can have mono sound in this day and age is beyond me.
OldschoolVgamer's Avatar
OldschoolVgamer at 12/12/2007 23:55
Is that picture at the top a guy or girl. With all the metrosexuality and defying gender expectations, I can't tell what it is.
OldschoolVgamer's Avatar
OldschoolVgamer at 12/12/2007 23:55
Is that picture at the top a guy or girl. With all the metrosexuality and defying gender expectations, I can't tell what it is.
angusm's Avatar
angusm at 12/13/2007 00:41
Holy shit... that guitar, just, just wow that guitar.
AirborneToxicEvent's Avatar
AirborneToxicEvent at 12/13/2007 00:48
I say good. I think the game blows and it's barely even a game. It's basically like playing WoW, but instead you're looking at a different stream of depthless images and pounding different buttons thousands of times - all to really crappy cock rock music.
thunderleg's Avatar
thunderleg at 12/13/2007 00:54
When in doubt assume it's male.
jpitner's Avatar
jpitner at 12/13/2007 01:03
I'm really starting to not like Activision's douchebaggery, so I approve of this lawsuit. False advertising isn't just a catchphrase lol.

If you're going to be dicks to your competition, something is going to happen.

That and they "forgot" to go to class on "letting our peripheral work on another system could help our sales" day
specter620's Avatar
specter620 at 12/13/2007 01:22
@hoydensnare
Completely with you. FFS it's 2007 and you forgot stereo?!

But like they said, most people won't notice. It'll be the same 99% of the people who listen to 128k MP3s out of the shitty headphones that came with their iPods.
Ichigo Style's Avatar
Ichigo Style at 12/13/2007 02:25
AirborneToxicEvent: I hardly think WoW is a game, there I said it. To each his own. I love Rhythm Games. You know what makes them games? Oh, I dunno, maybe that you're pressing colourful buttons and faking strumming instead of really playing a guitar.
Scape's Avatar
Scape at 12/13/2007 02:33
Also, isn't it strange how since Activision became the top publisher, their douche bag rating has gone through the roof?
Burnt Meatloaf's Avatar
Burnt Meatloaf at 12/13/2007 05:56
So, it's OK to mislead the consumer if you patch it after complains start rolling in?

Legal misconduct or otherwise, it simply baffles me how a game about music can screw up the audio. It's just another clear-cut case of a developer shouting, "we don't care!"
mrlokievil's Avatar
mrlokievil at 12/13/2007 07:06
After finding out that activision blocked the rockband patch I want them to lose millions. Even though they have announced replacement discs, they are still selling it. I say down with activision.
parrothead's Avatar
parrothead at 12/13/2007 07:53
Down with Activison....unless they release a kick ass version of Pitfall!!
mandlebaum123's Avatar
mandlebaum123 at 12/13/2007 08:28
A big thing about the suit is that they are still selling the games that have the false advertising, even though they are well aware of the issue.
brad drac's Avatar
brad drac at 12/13/2007 08:56
I don't think some of you understand what a frivolous lawsuit is, because this very much is not. Even if activision are working to fix this(by an ephemeral date in 2008), they should not have released a game that had "dolby pro logic" printed on the cover with only monaural sound in game, that is clearly fraudulent. It's not enough that they're "working to address it," it really shouldn't have happened in the first place. This, combined with them blocking harmonix's PS3 GH3 guitar compatibility patch shows they hold their customers in contempt. Sue away, I say.
Mxyzptlk's Avatar
Mxyzptlk at 12/13/2007 09:04
Does this mean we can start suing every publisher who rush their games out unfinished?
rubadub's Avatar
rubadub at 12/13/2007 09:27
I agree its a dumb lawsuit but at the same time its sad that this kind of thing really is necessary otherwise companies would walk all over consumers. Its the only way people have to keep the corps honest, at least to our faces.

Not to mention something like this is very easily remedied with a sticker over the graphic. When I worked in publishing we often had to use a sticker to cover up a mistake on a jacket or book cover and there is no reason they could not have done this here as well.
jpitner's Avatar
jpitner at 12/13/2007 09:36
I think it's more of an issue since it's regarding using another company's product; not that they didn't meet some goal.

Like Quest 64, boasting multiple player characters on the box and in the manual (obviously didn't happen), but people aren't going to sue over that, because it's not another company involved. It was just a crappy release.

When you proclaim you have another company's product in your game/movie/whatever, you are making a statement. I liken it to a car company boasting about having the best firestone traction tires on the market, but when you buy it, you find out your tires are bald and there's no name printed on the side of the tire; hello stock tire.

An essential component is missing, and I have a feeling someone involved with Dolby is behind this suit, along with the public taking down douchebaggery.
kaneka's Avatar
kaneka at 12/13/2007 10:32
"seeks actual damages, individual restitution, equitable relief, civil penalties, costs and expenses of litigation, including attorney's fees, and all further relief available."

REALLY??!!

ACTUAL DAMAGES?! did the mono sound burst his eardrums or some bullshit..sueing is the most ridiculous thing in the world.
disneyninja's Avatar
disneyninja at 12/13/2007 10:36
there needs to be a two week waiting period before finally filing a lawsuit, just like buying a gun. gives you a cool down period before you kill someone or make a fool of yourself.
king3vbo's Avatar
king3vbo at 12/13/2007 12:00
How can you get actual damages from mono sound? Explain that to me
Corak's Avatar
Corak at 12/13/2007 12:34
In this day and age you can sue for really stupid shit. Like those aholes that got cash for spilling coffee on themselves and then sueing mcdonalds saying it was too hot, or the fact that it didn't have a warning label on it. A warning label for coffee? News flash: its supposed to be hot. Or that burgler getting stuck in the garage of the house he was going to rob and then turned around and sued the homeowners. Or that ahole judge sueing that little Korean dry cleaners for a TON of money for ruining his pants that they offered to replace. Last I heard they might have to move back to Korea because of the legal costs of the case.

I don't believe this is nearly as stupid as those though. Is activision wrong for this? Yup, but at least they recognized it and have some sort of fix. But thats not good enough for this guy, nope he has to have money because of it. Its such a big deal that it ruined his life, also he would have to prove all this, which something tells me he won't be able to do. Is there enough mental anguish to warrant a payout? Can he prove that Activision doing this caused him significant financial harm? Did he miss work or school because of this game having mono sound? A little something I've learned about the legal system, its not about what you know, its about what you can prove.
Fading Star's Avatar
Fading Star at 12/14/2007 00:44
Lawsuits? Rock, rock on!
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