Activision infringes Gibson, Gibson infringes self?

Gibson has basically told Activision that the Guitar Hero series infringes on one of their patents. Gibson said that games in "which players press buttons on a guitar-shaped controller in time with notes on a TV screen, violates a 1999 patent for technology to simulate a musical performance".



Activision has thus called bull and asked the U.S. court to find the claim invalid and stop Gibson from getting any dough from the claim. Activision also said that by waiting three years to raise its claim, the guitar maker had granted an implied license for any technology.

So this is where it starts to get me and I say what the hell?

Gibson has been featured in all the GH games so far and partnered with Activison until now. Activision has also been granted licensing rights from Gibson to model its controllers after their guitars.



It didn't occur to Gibson until now that they were cool with licensing the guitar as a controller, knowing full well what they were doing, but they weren't cool with the actual logistics of the game? Its like saying sure you can model our guitars for your game, you just can't use it....

Then I get to thinking:
1. Why wait so long to file this if this was the case? The series has been around since '05.
2. Rockband anyone?
3. They contributed to the supposed infringing by allowing their guitars to be modeled.

The copy of Gibson's patent showed a method for simulating a live performance using a musical instrument, a 3D headset with stereo speakers, and a pre-recorded concert.

The claim just seems absurd to me all around. Why license peripherals to something you would later claim is breaching a patent of your own?

Source: yahoo news