Gibson Sues Game Makers & Retailers

[AB]

Nashville Tn.

Gibson Guitar Corp. has widened its attack on the video game industry with a second patent infringement lawsuit. It claims, in a case filed Thursday in federal district court in Nashville, that by developing, distributing and promoting the video game "Rock Band," Harmonix, MTV Networks and Electronic Arts are violating a virtual-reality patent the guitar maker holds.
The same 1999 patent is at issue in a seperate lawsuit Gibson filed earlier in the week against Walmart and five other retailers. The real-guitar maker claims that the stores are violating the patent by selling the Activision Inc., game "Guitar Hero." The game publisher says it doesn't want or need a license under the patent as Gibson claims. Gibson wants the company to pay damages for infringing on its patent and to stop selling Guitar Hero and "Rock Band," according to the lawsuit.

[TJL]

I'm really confused. What exactly are they suing for?

[AB]

I don't really understand it either. Are the guitars in the game Gibson look-a-likes or something? I've never played it so I don't really know. I'm guessing they want part of the profits.

[Hollow]

this is guitar hero. rock band is pretty much the same thing, just with more instruments.

http://www.codinghorror.com/blog/images/guitar_hero_package.jpg

i assume gibson thinks that people will be more likely to buy that instead of their real guitars. ridiculous, they didn't invent the damn thing, not to mention the real ones and the game controllers are used for different purposes anyway.

[TJL]

i assume gibson thinks that people will be more likely to buy that instead of their real guitars. ridiculous, they didn't invent the damn thing, not to mention the real ones and the game controllers are used for different purposes anyway.

Gibson is probably miffed that the instruments used in the game look like their guitars.

They might have a case.

[theshark8777]

Actually this is what they are suing for:

NASHVILLE, Tenn. - Gibson Guitar Corp. has widened its attack on the video game industry with a second patent infringement lawsuit.
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It claims, in a case filed Thursday in federal district court in Nashville, that by developing, distributing and promoting the video game "Rock Band," Harmonix, MTV Networks and Electronic Arts are violating a virtual-reality patent the guitar maker holds.

The same 1999 patent is at issue in a separate lawsuit Gibson filed earlier in the week against Wal-Mart Stores Inc. and five other retailers. The real-guitar maker claims the stores are violating the patent by selling the Activision Inc. game "Guitar Hero."

Before Gibson filed either lawsuit, Activision sued Gibson in Los Angeles this month asking for a federal court declaration that it is not violating Gibson's patent.

The game publisher says it doesn't want or need a license under the patent as Gibson claims.

"We disagree with the applicability of their patent and would like a legal determination on this," George Rose, Activision's general counsel, said in explaining Activision's lawsuit.

Gibson officials haven't said why the company is not suing Activision directly.

Representatives for Harmonix, MTV Networks and Electronic Arts — the companies Gibson sued Thursday over "Rock Band" — did not immediately return phone calls seeking comment.

Harmonix also created and developed some of the "Guitar Hero" games.

Gibson said in a statement released Friday that it had made "good faith efforts to enter into a patent license agreement with the defendants in this case.

"The defendants have not responded in a timely manner with an intent to enter into negotiations for a patent license agreement," according to the statement. "Gibson Guitar had no alternative but to bring the suit, and it will continue to protect its intellectual property rights against any and all infringing persons."

Gibson wants the companies to pay damages for infringing on its patent and to stop selling "Guitar Hero" and "Rock Band," according to the lawsuit.

A copy of the patent included in Gibson's lawsuit is dated Nov. 23, 1999, and describes a device that lets a user "simulate participation in a concert by playing a musical instrument and wearing a head-mounted 3-D display that includes stereo speakers."

"Guitar Hero" users perform songs using a stringless, plastic guitar that plugs into a game console. A TV connected to the gaming console displays animated musicians playing along and graphics that guide users' play.

"Rock Band," which hasn't garnered the sales and popularity captured by "Guitar Hero," lets players hook up to peripherals modeled after a guitar, drums and a microphone and form a virtual band.

Founded in 1894 in Kalamazoo, Mich., and headquartered in Nashville since 1984, Gibson Guitar Corp. has brands including Dobro, Maestro, Kramer, Steinberger, Tobias, Echoplex and Wurlitzer.

[TJL]

So Gibson holds a patent on a video game thing that they never made, and is suing because other people made a similar game.

I'd like to see where this goes.