Gibson Sues Rock Band

[Andy Chalk]

Gibson Sues Rock Band

Guitar manufacturer Rock Band [http://www.gibson.com].

According to a Harmonix [http://www.next-gen.biz/index.php?option=com_content&task=view&id=9682&Itemid=2]for infringing on the same patent they claim Activision violated with Guitar Hero. The patent, issued in 1999, describes a "system and method for generating and controlling a simulated music concert experience" which will "simulate participation in a concert by playing a musical instrument and wearing a head-mounted 3D display that includes stereo speakers."

"Gibson Guitar has made good faith efforts to enter into a patent license agreement with the defendants in this case," the company said in a statement. "The defendants have not responded in a timely manner with an intent to enter into negotiations for a patent license agreement. 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."

Harmonix defended its game in a brief release of its own, pointing out the differences between the Guitar Hero and Rock Band games and the technology described in the patent, and adding, "It is unfortunate that Gibson unfairly desires to share in the tremendous success enjoyed by the developers of Rock Band and Guitar Hero."

Gibson said [http://www.escapistmagazine.com/news/view/82300]the claims are "disingenuous and lack any justification."


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[thebobmaster_v1legacy]

This reminds me of The Romantics suing Harmonix because their cover of "What I Like About You" was too good.

 

[REDPill357]

My thoughts exactly, bob.

 

[Echolocating]

http://www.google.com/patents?id=YAUZAAAAEBAJ&printsec=abstract&zoom=4

Here's a really good article on patents and how they cripple the digital world...
http://gamasutra.com/features/20070227/sirlin_01.shtml
...sure patents are great when they're used properly, but the abuses seem to go unpunished.

What I'd like to see are government fines for abusing the patent system based on a percentage of what they would have received in "damages" if the lawsuit was actually legitimate. It would make companies like Gibson think twice before sitting on an idea and then cashing in when it's wildly popular; you know, abusing the patent system. If they were really so concerned with their patent, a lawsuit should have been filed when GuitarFreaks first hit the scene, but no... you see Gibson wasn't concerned with making a guitar game... and 9 years later, here we are.

 

[Saskwach]

a "system and method for generating and controlling a simulated music concert experience" which will "simulate participation in a concert by playing a musical instrument and wearing a head-mounted 3D display that includes stereo speakers."

I'm just wondering when Rock Band provides you with a head-mounted 3D display.
Besides that, if their patent document is no more focused than "some way to think you're playing music without playing music" then IMO the patent is about as frivolous as if Ford had bought a patent on "a machine that uses an engine to transport people or objects", and then just sued everyone who made a car.

 

[brkl]

There is no musical instrument (a stick with buttons and a lever is not a musical instrument), no headmounted display. The Wii version of Rock Band doesn't even have stereo sound Such a bullshit lawsuit.

 

[L.B. Jeffries]

http://www.google.com/patents?id=YAUZAAAAEBAJ&printsec=abstract&zoom=4

Here's a really good article on patents and how they cripple the digital world...
http://gamasutra.com/features/20070227/sirlin_01.shtml
...sure patents are great when they're used properly, but the abuses seem to go unpunished.

What I'd like to see are government fines for abusing the patent system based on a percentage of what they would have received in "damages" if the lawsuit was actually legitimate. It would make companies like Gibson think twice before sitting on an idea and then cashing in when it's wildly popular; you know, abusing the patent system. If they were really so concerned with their patent, a lawsuit should have been filed when GuitarFreaks first hit the scene, but no... you see Gibson wasn't concerned with making a guitar game... and 9 years later, here we are.

They already have those. Given the fact that a) Gibson warned Harmonix before the game was published and b) if they win they'll make a ton of money...Gibson is just taking the gamble and the odds are looking good for them.

 

[The Franco]

Since when is gibson not searching for money? Every guitar they make is about 500 dollars US worth of parts with about another 100 to 750 to manufacture (assembly line versus handmade) and yet they people will still pay $2000 for a les paul. It's no shocker to me that gibson would try to squeeze blood from a stone with this stupid lawsuit.

 

[Echolocating]

Gibson is just taking the gamble and the odds are looking good for them.

I don't see how Gibson has a good chance, actually... but I guess we'll find out soon enough.

If Judge Judy was here, she'd give those Gibson bastards the what for! ;-)

 

[thebobmaster_v1legacy]

There is a reason. Game companies hate Aussies.

 

[Eagle Est1986]

Hey they hate us Europeans too! We haven't got Rock Band either yet, hope this Gibson thing doesn't affect it's release over here, not that they've given us a date mind you...

 

[Saskwach]

But its weird. Why is it only certain titles? Stuff like Condemned 2 had an almost siultaneour release, and GTA IV has a worldwide one, and yet equally as good ones get stopped like this.

My guess for Rock Band is the simple logistics and costs involved. Those packs are BIG so they'd take longer to produce and cost more to build and transport than a simple disc and box. The cost and time involved in delaying for a worldwide release probably made them scream and they decided "Let's make mucho money now in the US and move on to the rest with that big sack of money and time we've bought ourselves."

 

[BruceyBaby]

Well i'm definately NEVER buying a Gibson guitar now

 

[TOGSolid]

That patent doesn't sound anything like Rock Band/Guitar Hero. Looks like Gibson needs to go back to patent trolling class.

 

[akmarksman]

Who forwarded a bunch of emails from
E
D
G
E
games/Timmy Langdell to Gibson?

This isn't even April yet guys..come on.