Activision Sues No Doubt

[Andy Chalk]

Activision Sues No Doubt

Band Hero [http://www.activision.com] by filing a countersuit claiming the group has breached its contract by refusing to perform any publicity or marketing services in support of the game.

Back in November it was revealed that No Doubt had No Doubt [http://www.escapistmagazine.com/news/view/95933-No-Doubt-Sues-Activision-Over-Band-Hero] for "an unauthorized performance by the Gwen Stefani avatar in a male voice boasting about having sex with prostitutes." Activision, naturally, defended its use of the band as being within the limits of its contract.

Now the publisher is taking matters a step further, launching a suit of its own claiming that No Doubt has in fact breached its contract with Activision. While essentially denying any wrongdoing on its part, Activision claims that No Doubt has refused to perform any of its contractually-obligated duties in support of Band Hero.

"No Doubt... agreed to provide services, including marketing services, to promote the Band Hero videogame. Even though Activision fully paid No Doubt under the parties' contract, No Doubt failed and refused to perform the services No Doubt had agreed to provide and otherwise breached its agreement with Activision, including by refusing to perform promotional services," the complaint says. "No Doubt furthermore has been unjustly enriched by its wrongful conduct against Activision, including by retaining money paid to the band for services it then refused to provide."

To support its claim, Activision also included a copy of No Doubt contract, which sets out marketing services the band agreed to provide, including the inclusion of Band Hero material on its website, press tours and interviews and video "shout-outs." The company is seeking unspecified damages from the band as well as a return of all payments made to the band, legal feels and other awards the Court "deems just and proper." A full copy of the complaint is available here [http://reporter.blogs.com/files/gov.uscourts.cacd.460150.3.0.pdf]. (PDF format)

Source: GamePolitics [http://gamepolitics.com/2009/12/09/atvi-returns-fire-no-doubt]


Permalink

 

[Amnestic]

General Denial
All allegations with reference to Activision that have not been specifically admitted in the preceeding paragraphs are hereby denied.

The wording of that made me smile.

I note that half the PDF is answering claims from the No Doubt suit, I don't suppose we have access to their file as well? Most of them are "Activision denies this." so it's not exactly clear.

 

[Christemo]

*facepalm*

Bobby Kotick, ARE YOU FUCKING DEAF? they loud and clearly told you that they didnt want to perform other people´s songs.

why couldnt you just do what you did with Bret Michaels in GH3 and only make them appear on their own song?

Activision cant sink deeper in their bunker of cow dungs.

edit: *head-desk* now that ive read 1/4th of the PDF (cant be arsed to read it all), every 4th sentence is that "Activision denies the truth etc". arent they just saying that they are lying douchebags.

 

[FallenRainbows]

This is why you don't fuck with the big company's. Lawyers.

 

[Low Key]

Both parties in this matter are a bunch of babies. Oh no, a pixelated Gwen Stefani and company can be made to perform other bands' songs. THE HORROR! And holy shit, No Doubt didn't help market a game that sells several millions of copies every release? Think of all the starving children in Africa!

Both sides need to get on with making subpar music and subpar games.

 

[lvl9000_woot]

Wow somebody is getting sued and Erik Estavillo isn't involved!? *shock*

 

[TsunamiWombat]

*dons ring of Fire Resistance 20/-*

I agree with Activision.

Wether or not the band feels being able to sing different songs through Gwen is wrong, THEY signed the contract, THEY took the money, and THEY gave away the rights assigned to Activision in the contract. Artistic hissyfits aside, Activision is completly within it's legal rights to do whatever the hell it wants with No Doubt's image as it is covered by their contractual obligations and by failing to provide service No Doubt has essentially painted a giant bullseye on themselves. No judge is going to side with a band (whose importance, in my opinion, is very debatable) whose pissing and moaning about having to perform it's contractual obligations. Welcome to real goddamn life, you get paid for something you have to DO it - the alternative is to get a real job, Gwen.

 

[obisean]

If you're going to sue someone over a contract, at least make sure you held up your end before doing so. I have no doubt that No Doubt will lose this.

 

[thebobmaster_v1legacy]

This is no doubt going to end in a settlement. There's no way either case will be allowed to get to court. I'm sure both parties are smart enough to not try to push all the way with shaky cases. No Doubt is shakier, but I don't remember seeing Taylor Swift promoting the game, or Carlos Santana promoting the last game. Why weren't they sued?

the alternative is to get a real job, Gwen.

...That's a lot of people without real jobs. Must be relaxing, flying all over the world on a schedule and perform 20 songs in a row for fans that will most likely knock the last album for either being too much or not enough like their old album. Yep, singing professionally is not a real job.

Edit: And damn it, someone beat me to the "no doubt" terrible pun.

 

[TsunamiWombat]

This is no doubt going to end in a settlement. There's no way either case will be allowed to get to court. I'm sure both parties are smart enough to not try to push all the way with shaky cases.

the alternative is to get a real job, Gwen.

...That's a lot of people without real jobs. Must be relaxing, flying all over the world on a schedule and perform 20 songs in a row for fans that will most likely knock the last album for either being too much or not enough like their old album. Yep, singing professionally is not a real job.

Edit: And damn it, someone beat me to the "no doubt" terrible pun.

No doubt you intend for me to feel guilty. I apologize for suggesting Gwen doesn't have a real job, it was no doubt just my irritation at a famous Rockstar getting pissy over use of her image she signed over contractually, I always try to defend the difficulty of the work performance artists do. But let there be no doubt, she needs to shut the hell up.

No Doubt.

 

[Xvito]

Wow... They signed a contract with THE DEVIL, and now they are complaining... Just... Wow...

 

[Slycne]

*facepalm*

Bobby Kotick, ARE YOU FUCKING DEAF? they loud and clearly told you that they didnt want to perform other people´s songs.

why couldnt you just do what you did with Bret Michaels in GH3 and only make them appear on their own song?

Activision cant sink deeper in their bunker of cow dungs.

edit: *head-desk* now that ive read 1/4th of the PDF (cant be arsed to read it all), every 4th sentence is that "Activision denies the truth etc". arent they just saying that they are lying douchebags.

Pages 21 to 25 are the original contract. The only way Activision would possibly be at fault in this situation is if they didn't submit materials for review under Approval Rights( section 6 Approval Rights is on page 22), otherwise nothing in that contact states anything along the lines of them having limited access to their likeness for only their songs. Granted I am not a lawyer.

In my opinion, No Doubt signed something without reading all the details and now they are mad about it. The best way to settle this would be for No Doubt to return part of their fee, Activision pushes out an update limiting their likenesses to only their songs and they both just suck up that fact that some games will never be updated.

 

[TsunamiWombat]

Wow... They signed a contract with THE DEVIL, and now they are complaining... Just... Wow...

According to article A, section 3 of the Devil's performance contract, any comparison either visually or representativly of the devil to Robert Kotick, Activision, or the Activision brand is to be considered defamation of the Devil's character and libel of the Devil and Hell(C) brand - requiring me to issue a cease and desist order as the devil wants it to be known once and for all he is NOT responsible for Activison and quote "Doesn't even want to touch that shit".

*facepalm*

Bobby Kotick, ARE YOU FUCKING DEAF? they loud and clearly told you that they didnt want to perform other people´s songs.

why couldnt you just do what you did with Bret Michaels in GH3 and only make them appear on their own song?

Activision cant sink deeper in their bunker of cow dungs.

edit: *head-desk* now that ive read 1/4th of the PDF (cant be arsed to read it all), every 4th sentence is that "Activision denies the truth etc". arent they just saying that they are lying douchebags.

Page 21 to 25 are the original contract. The only way Activision would possibly be at fault in this situation is if they didn't submit materials for review under Approval Rights, otherwise nothing in that contact states anything along the lines of them having limited access to their likeness for only their songs.

And I sincerely doubt a company with a cadre of Lawyer Ninjas like Activision does is going to make that kind of mistake - IMO No Doubt simply neglected to read and understand their contractual obligations.

 

[thebobmaster_v1legacy]

This is no doubt going to end in a settlement. There's no way either case will be allowed to get to court. I'm sure both parties are smart enough to not try to push all the way with shaky cases.

the alternative is to get a real job, Gwen.

...That's a lot of people without real jobs. Must be relaxing, flying all over the world on a schedule and perform 20 songs in a row for fans that will most likely knock the last album for either being too much or not enough like their old album. Yep, singing professionally is not a real job.

Edit: And damn it, someone beat me to the "no doubt" terrible pun.

No doubt you intend for me to feel guilty. I apologize for suggesting Gwen doesn't have a real job, it was no doubt just my irritation at a famous Rockstar getting pissy over use of her image she signed over contractually, I always try to defend the difficulty of the work performance artists do. But let there be no doubt, she needs to shut the hell up.

No Doubt.

That, I can agree with. It's just like the whole Courtney Love vs Activision thing. Or going even further back, The Romantics suing Harmonix because the cover of "What I Like About You" in Guitar Hero: Rock the 80's was too close to the band's version. But hearing people brush off celebrities as "not having a real job" is a bit of a berserk button for me. Except for Paris Hilton. She really doesn't have much of a job. She's acted in a few movies, but what else has she done?

 

[TsunamiWombat]

This is no doubt going to end in a settlement. There's no way either case will be allowed to get to court. I'm sure both parties are smart enough to not try to push all the way with shaky cases.

the alternative is to get a real job, Gwen.

...That's a lot of people without real jobs. Must be relaxing, flying all over the world on a schedule and perform 20 songs in a row for fans that will most likely knock the last album for either being too much or not enough like their old album. Yep, singing professionally is not a real job.

Edit: And damn it, someone beat me to the "no doubt" terrible pun.

No doubt you intend for me to feel guilty. I apologize for suggesting Gwen doesn't have a real job, it was no doubt just my irritation at a famous Rockstar getting pissy over use of her image she signed over contractually, I always try to defend the difficulty of the work performance artists do. But let there be no doubt, she needs to shut the hell up.

No Doubt.

That, I can agree with. It's just like the whole Courtney Love vs Activision thing. Or going even further back, The Romantics suing Harmonix because the cover of "What I Like About You" in Guitar Hero: Rock the 80's was too close to the band's version. But hearing people brush off celebrities as "not having a real job" is a bit of a berserk button for me. Except for Paris Hilton. She really doesn't have much of a job. She's acted in a few movies, but what else has she done?

A sex tape.

 

[Xvito]

Wow... They signed a contract with THE DEVIL, and now they are complaining... Just... Wow...

According to article A, section 3 of the Devil's performance contract, any comparison either visually or representativly of the devil to Robert Kotick, Activision, or the Activision brand is to be considered defamation of the Devil's character and libel of the Devil and Hell(C) brand - requiring me to issue a cease and desist order as the devil wants it to be known once and for all he is NOT responsible for Activison and quote "Doesn't even want to touch that shit".

You just made my day... Or night... Whatever. The point is, you made it.

 

[Onyx Oblivion]

This whole Kurt Cobain and No Doubt thing is stupid. Go devs and publishers!

Even you, Bobby K.!

 

[T'Generalissimo]

I would really like Activision to win this. I mean, I am kind of assuming that their actions are within the bounds of the contract, which I obviously haven't seen, but out of Activision and No Doubt, I have a good idea which one is more concerned about contract law. It would be good to see a clueless band punished for agreeing to things without actually being aware of what they were doing, it might teach them to actually read contracts or have someone who knows what they're doing look over it.

 

[Charley]

Is it just me, or has the Guitar/Band/etc. Hero universe become a bit dickish recently?

Seems like bands who sign up for "free publicity" getting a nasty surprise, and an increasingly soulless Activision showing its ugly, money-hungry corporate side..

 

[j0frenzy]

Is it just me, or has the Guitar/Band/etc. Hero universe become a bit dickish recently?

Seems like bands who sign up for "free publicity" getting a nasty surprise, and an increasingly soulless Activision showing its ugly, money-hungry corporate side..

Ever since they have had competition, the genre has been dickish. Remember that whole thing of only being able to use Rock Band controllers with Rock Band games and Guitar Hero guitars with Guitar Hero games?

Honestly, Activision is in the right on this one. The band No Doubt did not fulfill its contractual obligations.

Also, I misunderstood the title originally. Forgot that no doubt could also be a proper noun.

Edit: Just read over the contract. It also states that any use of the characters and their likeness is at the discretion of the band members and must be submitted to the band for approval (see section 6). If approval is not given within 13 business days, then it is considered that the band approves of their likeness being used. So now several documents have to submitted for the No Doubt law suit before any decision can be fairly made. 1)That Activision sent to the band for approval the use of their likeness in game 2) That Activision sent the Failure of Approval Statement required after 10 days and 3) that No Doubt in fact failed to submit a notice of disapproval in the alloted time.