No Doubt-Activision Lawsuit Finally Heads to Trial

[WMDogma]

No Doubt-Activision Lawsuit Finally Heads to Trial

[img_inline src="http://cdn.themis-media.com/media/global/images/library/deriv/47/47103.jpg"]
Judge denies Activision's request to keep Band Hero dispute away from a jury.

The two-and-a-half year legal dispute between ska band No Doubt and Activision may finally be coming to a head, as a superior court judge declined Activion's request for a dismissal and gave No Doubt the green light to present their case to a jury.

Originally, No Doubt appeared in the game Band Hero as playable characters, but filed a lawsuit of their own [http://www.escapistmagazine.com/news/view/95933-No-Doubt-Sues-Activision-Over-Band-Hero], claiming the band had breached its contract by refusing to perform any publicity or marketing to promote Band Hero.

While Activision's request may have been declined, its lawyers have already stated that they have a strong defense prepared, complete with video evidence allegedly contradicting No Doubt's claims they were uninformed of Band Hero's features.

Source: Gamasutra [http://www.ajc.com/business/jury-to-hear-no-1448577.html]

Permalink

 

[gigastar]

Looks like Activision is set up to destroy another case against it.

Might be one worth watching, except i cant be there...

 

[Therumancer]

Seems like kind of a petty condition for licencing their images IMHO

Well, yes and no. People have done some pretty whacked out things with these band games that basically mock the performers involved, which can be as simple as having them perform another band's songs in the characteristic voice.

As I understand the complaints, you could pretty much have No Doubt, with their frontwoman singing, perform a song with a male vocalist and perform the animations based on that performer.

Nobody really wants to be mocked, and having videos of people doing that kind of stuff might get their goat, hence why they wanted to give a limited usage contract.

In the end it all comes down to what Activision/No Doubt agreed to, and probably who witnessed the contract and what their understanding of it was. Neither of the claims (limited use, full use) are inherantly ridiculous positions.

Interestingly, providing video evidence might very well raise as many questions as it solves given that negotiations might have taken a while, and what was said might not match what happened during the final meetings and when the contracts were signed.

 

[Formica Archonis]

Wow. Band I don't care for fights publisher I don't care for. I'm torn on how apathetic I should feel.

That said....

While Activision's request may have been declined, its lawyers have already stated that they have a strong defense prepared, complete with video evidence allegedly contradicting No Doubt's claims they were uninformed of Band Hero's features.

I've yet to see a corporate lawyer state their case was a wreck. IIRC, SCO was going down fast and their lawyers were still insisting that a come-from-behind victory was just around the corner.

 

[Albino Boo]

No Doubt a ska band, that news to me. I thought they were a middle of the road soft rock band myself.

 

[Mouse_Crouse]

Unless there's something unexpected in the contracts, I just don't see No Doubt winning this one. Activision can make the case that even if not directly stated it is implied based on previous game entries.

 

[Something Amyss]

Seems like kind of a petty condition for licencing their images IMHO

Hendrix's was worse, really. Though it was his estate, not him, how set the deal.

Captcha: All Dancing.