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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
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About NyghtcrawleRone of us since 11:22 AM on 11.27.2007

Name: Eric
Age: 22

Consoles Owned Currently:
Custom SNES
Gameboy Color (Oh yeah)

PSN Handle: NyghtHawk

Well I guess about me...

Basically, I am currently in my 5th year of college as an Architecture major and I have one more year to go after that. Love design to death even though it can suck all your energy and life away. I've been a gamer since I can remember. Had an Atari when I was like 4 and been going strong ever since. I love video games for what they are and I'm not big into arguing what system is better than another (unless someone really irks me the wrong way). Everyone is entitled to their own opinion. But I guess since this is my blog, I will admit that I am diehard Sony fan, tried and true. It doesn't mean that I hate the 360 or Wii or whatever, it just means I prefer my PS3 and PSP. Oh, and I'm also a Socom fanatic. Love the game to death and still play to this day. Confrontation anyone? I also can't forget my SNES. That was the console I truly "grew" up on and love it dearly.

Don't lie, you want it.

I think most people will realize that I'm real easy to get along with. I might have my opinions but if you can respect them then I can respect yours. If everyone on the internet stopped being good for nothing fanboys it would make life so much easier...

The Destructoid community is a fun one to be a part of. Feel free to hit me up, disagree with me, say you hate my opinion, befriend me, or whatever else is on your mind.

Last but not least just remember my favorite quote ever, "I guess if luck wasn't involved, I'd win every one."