It's been nearly three years since No Doubt first filed against Activision for improper use of their likeness in 2009 Guitar Hero spin-off, Band Hero. Since then the evil publisher has counter-sued the band, claiming they were in breach of contract and are seeking to unjustly enrich themselves -- a humorous assertion from a company routinely trying to nickel-and-dime their customers into submission.
Activision's legal team filed for a dismissal of the original suit, but Superior Court Judge Ramona See rejected that motion on Tuesday and suggesting that the matter be decided by a jury. The judge also turned down No Doubt's request for an injunction against further use of their likeness performing the work of other artists in the game.
While no specific court date is set at this time, opposing counsel have already begun preparing their cases. Kotick's hired guns claim to have a strong defense that includes a recording where the publisher informs the group exactly how unlockable content would be used in-game. Plaintiff attorneys are also confident, having now repeatedly won the right to pursue the case. I just have to wonder if anyone will still be playing Band Hero by the time all this gets resolved.
Get more destructoid: We're indie-run, blogging for the love of it, and our site will always be free. Optionally, you can support us and get: (1) Faster pages from our cloud server (3) Wide(r)screen (3) No big ads on Dtoid, Japanator, Tomopop, or Flixist (4) Auto contest entries, and (5) Dibs on betas & downloads. Try it out
Unsavory comments? Please report harassment, spam, and hate speech to our moderators, and flag the user (we will ban users dishing bad karma). Can't see comments? Apps like Avast or browser extensions can cause it. You can fix it by adding *.disqus.com to your whitelists.