The Onion Settles Gibson Vs. Guitar Hero

It's difficult to see Gibson and Harmonix/MTV fight over patents—like watching your once ice-cream-loving parents argue about the financial merits of eating in—the fun has been sucked from dessert and nothing that Bryers can say will fix it.

So does Gibson's 1990's filing entitle them to a a piece of the Guitar Hero pie? No clue. Luckily we have the Onion who ran some "man on the street" responses to the difficult situation. Our favorite was from Bruce LaSaard, Elevator Installer. "Excuse me, but after last week's championship game at Ray's Creekside Tavern, I believe it is I who owns Guitar Hero."

Well said, fictitious man-on-the-street. Well said, indeed.

Gibson Sues Over Guitar Hero [The Onion] Thanks MrPants!

Harmonix Respond To Sue Happy Gibson

Gibson's first lawsuit against Activision was stupid enough, but subsequent filings against retailers and now Harmonix and MTV show they're clearly suffering from a particularly acute case of STUPID LAWSUIT FEVER. Harmonix are having none of it, and have issued a statement claiming Gibson's suit is "completely without merit".

It is unfortunate that Gibson unfairly desires to share in the tremendous success enjoyed by the developers of Rock Band and Guitar Hero. This lawsuit is completely without merit and we intend to defend it vigorously.

Gibson's patent, filed nearly 10 years ago, required a 3D display, a real musical instrument and a recording of a concert. Rock Band and Guitar Hero are completely different: among other things they are games, require no headset and use a controller only shaped like a real instrument.

Gibson Goes Sue Happy On MTV And EA

After slapping retailers selling Guitar Hero with a lawsuit, Gibson today said it has also filed suit against EA and MTV, publisher of Rock Band and parent company of Harmonix, respectively. While the Reuters report doesn't mention Rock Band by name, which happens to use Fender brand guitars and controllers, the suit may implicate clearly implicates the EA/MTV Games title as violating Gibson's patent for "simulating an on screen musical performance." It is, after all, simply a better Guitar Hero. Let's hope Guitar Center has a big Gibson blow out sale this weekend, setting the manufacturer up with some obviously much needed cash.

Update: Gibson has provided a statement indicating that it "had no alternative but to bring the suit", naming Rock Band and developers Harmonix in court documents. More info after the jump.

Gibson Sues Guitar Hero Retailers "Reluctantly"

The feud between Guitar Hero publisher Activision and guitar manufacturer Gibson raged on today, with Gibson responding to Activision's statement from earlier today. Activision implied that Gibson cried patent violation only after the marketing agreement between the two fully dissolved, and that it believes "Gibson's claims are disingenuous and lack any justification."

Gibson publicly fired back this afternoon, saying that it filed suit reluctantly and "is required to protect its intellectual property and will continue to do so against any other person in accordance with the law and its rights." The full statement about all this hubbub, from Gibson's perspective is after the jump.

Activision Responds to Gibson Suit

Activision, beleaguered of late with Guitar Hero related lawsuits, went on the offensive today responding to claims by Gibson that Guitar Hero infringes on a nine year old patent for technology to simulate a musical performance.

Gibson's lawsuit is a transparent end run around an impartial court that Activision asked on March 11 to rule on patent assertions that Gibson knows have no merit. Our Guitar Hero retailing partners have done nothing wrong. We will confront this and any other efforts by Gibson to wrongfully interfere with Activision's relationship with its customers and its consumers.

As Activision noted in its filing, Gibson waited three years to make its patent allegations, and only did so after it became clear that Activision was not interested in renewing its marketing and support agreement with Gibson. Activision continues to believe that Gibson's claims are disingenuous and lack any justification.

Ouch, there's nothing worse than a jilted guitar manufacturer.

Last week, Guitar Hero III came out in Japan. The game sold something like 3,000 copies fore both the PS3 and the PS2. Ouch. Not surprising as guitar-based music games were popular in Japan nine years ago. Nine years ago? As game site Next Generation points out, that's the same number that guitar manufacturer Gibson pulled out for its legal suit. As Next Gen points out:

1999, hmm? A quick visit to our good friend Wikipedia reveals that Konami's GuitarFreaks game made its debut in Japan in 1999, meaning it was most likely in the production and planning phases since 1998 at the latest.

My guess is that someone in the Gibson corporation's marketing department heard of GuitarFreaks in 1999 and immediately checked to see if Konami had filed a patent in the US. When their search revealed no results, they filed a patent themselves, and waited patiently. For nine years. How utterly slimy.

It would appear that Harmonix isn't the only Activision partner who has is in a legal tiff with the publisher. Guitar manufacturer Gibson, whose guitar body styles are licensed for Guitar Hero controllers, says Activision is infringing on a nine year old patent for technology to simulate a musical performance. Reuters reports that Activision has in turn filed suit in federal court to render that patent claim invalid.

According to the report, Gibson sent Activision a letter in January requesting that the Guitar Hero pub apply for a license or stop selling the game. Activision essentially responded, "We thought since you didn't say anything about it, we were cool." Then it went in for a high-five/extended secret handshake thing. It was awkward.

Activision's "Guitar Hero" violates patent: Gibson [Reuters]

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