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Gibson loses patent suit against Activision over Guitar Hero photo

About a year ago, Gibson Guitars filed a lawsuit against Activision over patent infringement. The story goes that Gibson (who had been licensing guitar designs and logos to RedOctane for years by this point) realized that they had a patent for "simulating a musical performance" and decided to try and swipe a piece of the music gaming pie by suing both Activision and Harmonix.

Well, the Activision suit was thrown out of court yesterday. The main issue seems to be whether or not the plastic guitars used in the games qualify as "musical instruments" (as the Gibson patent is intended to be a kind of VR system which uses a headset and a real instrument to simulate being on a stage in front of a crowd). I think its safe to say what logic would dictate where such a question is concerned and the court saw fit to see things the same way.

No word yet on the status of the suit against Harmonix yet, but I think its pretty safe to say that it will probably shake out much the same way if the guitar-maker decides to continue to pursue it. Gibson also has the option to appeal the ruling in favor of Activision and, since they were dumb enough to file this retarded suit in the first place, I wouldn't put it past them.

My hope is that they could just be happy to get their licensing monies and shut the hell up. Of course, after these lawsuits, maybe that boat has sailed.








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Conrad Zimmerman is Destructoid's News Editor and home to the busiest mustache in the gaming press. An amateur historian and pop culture fanatic, Conrad possesses a nearly limitless wealth of videogame factoids and a passion for the power of games to teach, inspire and entertain. He enjoys reading, writing and turning things which should be fun into work. Likes Mega Man 2, Arcade Games, Books about games, Board games, Having cultural interests that aren't games Meet the rest of the team



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7 comments | showing # 1 to 7
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Aaron Mxy Yost's Avatar - Comment posted on 03/03/2009 20:52
Aaron Mxy Yost
Too bad they've now lost out on the money they could have made by continuing to license their guitars to appear in World Tour onward. Karma can be a bitch for patent trolling.
Chronic Logic's Avatar - Comment posted on 03/03/2009 20:56
Chronic Logic
"simulating a musical performance?" That's very vague. By that definition the Wii peripherals also simulates a musical performance if you play wii music. If i hook up my keyboard to play a piano video game, isn't that "simulating a musical performance?" I guess this "guitar hero music simulating phase" has brought out all kinds of patent guys who want to make some easy money. Aren't we forgetting that a lot of musical simulator arcade games came out during the late 90's? I remember some guitar, drum, disc jockey, and piano arcade games that were cool.
NyghtcrawleR's Avatar - Comment posted on 03/03/2009 21:00
NyghtcrawleR
Didnt you know patent trolling is the cool thing to do nowadays? Everyone and their mom should patent ideas and things so they can sue when the feel necessary. Nothing like not having to work for your own money.
Chronic Logic's Avatar - Comment posted on 03/03/2009 21:09
Chronic Logic


Yup, it's a DJ mixer game. Crazy huh?
Vedicardi2's Avatar - Comment posted on 03/03/2009 22:37
Vedicardi2
lol I wonder what game gibson will give their license to now
KaL YoshiKa's Avatar - Comment posted on 03/03/2009 22:51
KaL YoshiKa
Vague patents should be thrown out before they're even given a chance to fester.
atastysammich's Avatar - Comment posted on 03/04/2009 05:31
atastysammich
@Chronic Logic
hey man learn a real turntable and u can get laid lol
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