Gibson Sues Walmart

[fett]

babifett has a real guitar I got him. A Squire. Of course.:ROTF: He's 25 and built the GH tar we all know. He has abosutely no interest in playing a real guitar. And that's sad. Maybe he will get tired of the game and realize that to play a real guitar is transendental.(sp):ROTF:

[fuel0707]

What I find funny is that my brother just bought "Guitar Hero" about a month ago. I was at his house about a week ago for the first time to see "Guitar Hero". My brother's controller for the game is a LP-shaped hunk of plastic that has the Gibson logo on the headstock. Apparently Gibson wasn't too ticked or concerned if they licensed the LP shape and/or logo for the controller.

The only ones who'll make any money off this lawsuit will be the attorneys and I think that Gibson will waste a lot of money like they did against PRS.

[~K~]

The only reason you guys think gibson is being greedy is because they are a big corporation much like the whole FMIC strathead fiasco. You don't stay in business by allowing people to make knockoffs of your product. You don't stay in business by putting money into R&D and let other people walk away with the work from it.

If you wrote a song and someone in your band quit the band, started a new band and that band got famous by stealing your work, you'd be lined right up for a lawsuit... This is NO different except the players are huge corps ...

These companies have a responsibilty to grow and prtoect their interests, you don't do that by turning a blind eye. Last time I looked this was America and this type of thing was part of capatilism.

[VoiceX3]

As a music store owner I'd have to disagree with you on this. We constantly have a flow of new students signing up for lessons due to Guitar Hero, not to mention all the beginner guitars we sell to these kids. In my opinion it's a good thing!

Matt, you do probably know better than me, and I'm glad that's the trend you're seeing. I have 2 stepsons (well they will be after I get married April 11th) who have all 3 guitar hero games and while they used to want to learn to play for real, now they have no desire.....it's too hard, they'll just keep playing guitar hero which makes them "cool". About 90% of their friends are exactly the same way. Breaks my heart for sure.

plus it also turns people onto music that they might not have ever heard before.

This is true, so there's a good point. I was listenning to Slipknot while at work this afternoon, and a diehard RAP dude knew the song and said it "jammed" and said he knew it from guitar hero.

The only reason you guys think gibson is being greedy is because they are a big corporation much like the whole FMIC strathead fiasco. You don't stay in business by allowing people to make knockoffs of your product. You don't stay in business by putting money into R&D and let other people walk away with the work from it.

If you wrote a song and someone in your band quit the band, started a new band and that band got famous by stealing your work, you'd be lined right up for a lawsuit... This is NO different except the players are huge corps ...

These companies have a responsibilty to grow and prtoect their interests, you don't do that by turning a blind eye. Last time I looked this was America and this type of thing was part of capatilism.

Kev, the thing that sucks about this is how Gibson did a 180. Activision actually did all the proper licensing with them before it came out. Years later, the game is HUGE and Gibson now wants a bigger piece...that's wrong. I'd understand if Activision didn't do it properly, but they did. Gonna be interesting to see exactly what comes of this.....let the story unfold!!!!!!

[~K~]

It's not wrong depending upon how it unfolded. The company i work for makes a product. Whatever I design while working for them regardless of where it goes automatically becomes their property because i am hired at will.

If Gibby hired Activision to get this thing off the ground then activision has no legal rights to it.

[rjohnstone]

It's not wrong depending upon how it unfolded. The company i work for makes a product. Whatever I design while working for them regardless of where it goes automatically becomes their property because i am hired at will.

If Gibby hired Activision to get this thing off the ground then activision has no legal rights to it.

Gibson didn't hire them to do anything.

Gibson is claiming patent infringement on a "game concept" they filed back in the late 90's.
Gibson claims the whole "concept" for the game was their idea, yet didn't make any claim to it until now.

Even while they were negotiating the license deals with Activision to use the LP guitar and Gibson name on a controller.

So it brings to light that Gibson's legal department is either run by complete fuck ups or they noticed how popular this game is getting and decided to push some infringement case based on an old patent that never saw the light of day.

"Gibson had tried to settle this issue by negotiating directly with Activision as soon as the patent filed through one of Gibson's divisions was discovered and validated by outside counsel. Activision chose to initiate litigation without notice to Gibson. Now Gibson must pursue enforcement of its patent which predates the launch of the Guitar Hero game by several years."

A copy of the patent is included in Gibson's lawsuit and dated Nov. 23, 1999. It 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."

The device also includes playback of audio and video of a prerecorded concert and a separate track of audio from the user's instrument.

Doesn't exactly sound like the game we all know of as "Guitar Hero".

Last I checked, the "controller" is anything but a musical instrument and is incapable of creating music. Unless you beat it on the floor... in which case I guess you could call it a drum.
And my box appears to be missing the 3-D glasses and stereo speakers as well.

This will fail miserably.

[åron]

Sounds like posturing for leverage, since the suit is pretty weak for the reasons cited above by Rick. Perhaps Gibson wants more in game promotion of their brand, or maybe they want Epiphones in WalMart.
When you think about it, Gibson did gain something in that PRS suit. They proved that they're willing to go the distance on a high profile lawsuit even though they have no case. Fast forward to today, and unless I'm way off base, Wal Mart and Activision will make some settlement offerings.

Making the system work isn't always about having the best argument. It's often just the will to commit the resources your opponents can't afford to risk.

[SEEGERMANY]

The only reason you guys think gibson is being greedy is because they are a big corporation much like the whole FMIC strathead fiasco. You don't stay in business by allowing people to make knockoffs of your product. You don't stay in business by putting money into R&D and let other people walk away with the work from it.

If you wrote a song and someone in your band quit the band, started a new band and that band got famous by stealing your work, you'd be lined right up for a lawsuit... This is NO different except the players are huge corps ...

These companies have a responsibilty to grow and prtoect their interests, you don't do that by turning a blind eye. Last time I looked this was America and this type of thing was part of capatilism.

DING DING DING, we have a winner!

[UFORocks]

in the USA, enough is NEVER enough!!!! there is always enough extra greed to TRY and go after even MORE!!!!! HAHAHAHAHAHAHAHAHAHAHAHA!!!!

i love the USA so much i am starting to hate it. everything is about the money, even if it is damaging to society - not that my sentiments have much (if anything) to do with gibson suing walmart....

this country used to be great and was founded on awesome ideas, but it went from "what is good for the group" to "what is good for ME and fuck everyone else!!"

to me, gibson is just perpetuating this concept into the realm of the absurd. as was already mentioned, why sue a retailer?!?!?!

What we have today is 'The American Dream' run amok. It has gone from this....

"If, as I have said, the things already listed were all we had to contribute, America would have made no distinctive and unique gift to mankind. But there has been also the American dream, that dream of a land in which life should be better and richer and fuller for every man, with opportunity for each according to his ability or achievement." (James Truslow Adams; The Epic of America; 1931).

.... to, "take what you can, as fast as you can, and step on anyone's neck that gets in the way".

What this really means for the, 'commoners', i.e. us; is more money out of our pockets in one way or another. If Gibson loses they'll make up all the money they spent, plus what they wanted out of the suit to begin with, by raising their prices. If walmart loses they'll make up the costs by raising their prices, and when you consider the people that shop at walmart (middle to lower middle class), a few cents or more on everything you buy there means a lot.

It's a real double edged sword, capitalism is; on one hand everyone has the opportunity to become a 'big fish', on the other hand the success of the big fish usually comes at the expense of all the fish smaller than it.

-Steve

-Steve.

[rjohnstone]

DING DING DING, we have a winner!

Do we?

Gibson is trying to lay claim to something in which they had ZERO involvement in its development.
The patent claims are weak at best. Similarity is not grounds for an infringement claim when it comes to patents. You have to prove that the source of the idea that the infringer used came from those patents.

That's not protecting ones property, that's a blatant attempt at stealing Activisions hard work.

Read the patent filing 5990405... NOT EVEN CLOSE.
It was a system designed to be used with a REAL guitar... think glorified video Karaoke machine. Hardly a "video game".

A musician can simulate participation in a concert by playing a musical instrument and wearing a head-mounted 3D display that includes stereo speakers. Audio and video portions of a musical concert are pre-recorded, along with a separate sound track corresponding to the musical instrument played by the musician. Playback of the instrument sound track is controlled by signals generated in the musical instrument and transmitted to a system interface box connected to the audio-video play back device, an audio mixer, and the head-mounted display. An external bypass switch allows the musician to suppress the instrument sound track so that the sounds created by actual playing of the musical instrument are heard along with the pre-recorded audio and video portions.

[SEEGERMANY]

Sorry, maybe I wasn't clear. I'm not sure what Gibson has or doesn't have. I was focused on Kevin's overall viewpoint.

[rjohnstone]

Sorry, maybe I wasn't clear. I'm not sure what Gibson has or doesn't have. I was focused on Kevin's overall viewpoint.

I completely agree with Kevin's viewpoint, however it doesn't really apply in this case.

[j2379]

maybe they should let the game go & let them use gibson guitars in the game as a way of marketing there guitars to kids & gamers who otherwise wouldnt give a crap.

[dg]

That's exactly what they did, but they still are suing after the fact.

[Bengal]

I think they should have sued if the "players" image on the screen is using a Les Paul type guitar. I have never once played Guitar Hero but I think I remember someone on the cover playing something that looked like a Les Paul. That's what they should go after. Maybe. If I know what I'm talking about, which I probably don't.

But it seems to me that Gibson thinks they have a leg to stand on. With Harrys newer policies and Gibson puting out inferior instruments, you can see they don't like throwing money away so I assume they think they have a very sturdy leg to stand on. Who knows? Only the judge hearing the case. All our speculation doesn't mean shit if the judge sees it Gibsons way. And lets face it, our court system doesn't get it right all the time.