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.