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jmtb02
Founder of Wonderful Elephant + jmtb02 Studios. Formally Armor Games CEO, previously at Kongregate, 100+ Flash games many of which featuring a little blue elephant

John Cooney @jmtb02

Age 38, He/Him

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UC Davis

Northern California

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Video Game Patents: Guitar Hero Under Fire

Posted by jmtb02 - March 21st, 2008


How far are the video game patent laws going to go?

As mentioned in a previous article, video games are coming under heavy fire from patent holders, who announced that they own the writes to gameplay mechanics or hardware. The most recent victim? Guitar Hero.

In 1999, Gibson filed a patent to protect a "System and method for generating and controlling a simulated musical concert", which by definition is what Guitar Hero is, kind of. Looking deeper into the patent, you'll see that the actual technical device it looks to control is a head-mounted 3d display, in a addition to a virtual musical instrument. But as we all know, it's not necessarily the device that it is protected... it's the method of technology that is outlined in the list of points made in the patent filing.

So Guitar Hero is under fire from Gibson, a popular guitar and instrument company. They already tried to break down Activision, who in turn is trying to kill off the patent in a US court. But now Gibson is becoming SERIOUS BUSINESS, launching lawsuits on big box retailers who are selling Guitar Hero products: Wal-Mart, Gamestop, K-mart, and Amazon to name a few. Why? They are selling products that infringe on copyright.

But wait, wasn't Guitar Hero made over three years ago? This begs to ask why Gibson wasn't making the claim then. It's no secret that Guitar Hero exists in the world, especially since it has made over a billion USD since launch. But maybe that was why Gibson waited... if they win this patent lawsuit, Gibson is entitled to a huge load of cash for each sale that is made on the Guitar Hero game franchise.

So who's next? Are rhythm games with any sort of simulated music/gameplay experience up for lawsuit? Poor Coolio-Natio :(.

The patent for Gibson is 9 years old and who knows what they actually did with it themselves, but I feel the who ordeal is painfully unnecessary.

Read the Patent
Activision Calling Foul
Earlier Yahoo Article

Video Game Patents:  Guitar Hero Under Fire


Comments

That looks unneccessarily complicated.

God I hate people like this. Who just do this for the sake of making money. I mean, is there REALLY any other reason for what Gibson is doing?

This sort of thing is still going on now.
Ubisoft now owns the name "Tom Clancy" for instance.
Insane.

Maybe Gibson actually knew about it, they just wanted to get the bggest amount of money out of it as possible. So they waited untill Guitar Hero got big, then they'de sue them and get more money. If they stop music-based games they'll be
1. agnry faic(s) because people (like me) <3 music based games.
2. possible protest.
3. massive fights over it, because think about how many music-based games there are, i don't think they could sue all of the poeople actually....

but yeah. it's pretty crap. But fair do's I'd be pretty pissed if someone was makin cash offa my Big selling porduct. even after i spent money on patenting it so it WOULDN'T get copied.

also i thimk that the music artist featured in the game might back up GH because the game is selling their music (people decide they like that track in the game and go and buy it from iTunes etc)

I don't know about you guys, but I have a good feeling Activision is gonna win this one. The "Activision Calling Foul" link is reason enough for me.

I read about this a few days ago. What miffs me is that Gibson has been involved in the GH games since the beginning. I think all of the first-party GH controllers are modeled after Gibson guitars (the SG, Xplorer and Les Paul), and the games are filled with more GIbson brand guitars.

If what Activision says is true (about not continuing the marketing with Gibson) then that'd be a logical reason as to why they're going crazy now, but it just seems stupid at this point. Seems like they're just bitter about it.

As long as Gibson doesn't get what they want (which I'm sure they won't), I'll be happy. I can't go without more Guitar Hero.

Guitar Hero will still exist... Gibson won't block Activision... only make them pay up per copy.

That is so laaame. Gibson doesn't even make video games. That's like saying air conditioners are a copyright infringement of refrigerators because they both make stuff cooler.

Wait, all Guitar Hero controllers are licensed by Gibson... hypocrites!

I always thought gibson sponsered GH

Correct me if I'm wrong, but didn't Konami do this kind of thing with Guitar Freaks before 1999?

(PS) It's coolio-niato, not coolio-natio
<a href="http://coolio-niato.newgrounds.com/">http://coolio-niato.newgrounds.com/</a>
:o

Cadbury owns the colour purple no one else is allowed to make a candy in purple wrappers. I find this kind of stuff stupid.

wow.

I couldnt imagine ife without music-based games :O

=[

does this mean rock band is in danger too?

Yeah, i agree with wonchop... i'm the proud owner of a guitar freaks (original arcade game) and it eas the same concept, but only 3 buttons

It just goes to show how corporate greed makes every comapany look like an @$$hole. Just look at it as every bull crap business court case that shows up.

The fact that I can look at the diagram and understand it entirely is worrying.

I've said it before and I'll say it again - shit like this is what's killing respect for copyright. This sort of thing really annoys me.

I mean, whenever some arse tries to make some money out of patent trolling or similar stuff, it drags respect for the whole system down, and as always it's the developers who are stuck in the middle getting fucked over from all directions.

You're just saying that because that is your opinion.
Silly you.

Thats terrible. Did you know that Guitar Hero is coming out for DS? Check it out at the Nintendo.com.

I really hope this becomes well publicized, Gibson would probably lose more money then they would make due to there reputation drop if everyone knew how pathetic they were being. I know I lost respect for them after reading that article, bastards.

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