Gibson fires Guitar Hero lawsuit at Wal-Mart, other retailers

Last we checked we actually weren't in the Twilight Zone, but quite frankly, the bigwigs at Gibson just might be. Seemingly out of nowhere, the famed guitar manufacturer sparked up a lawsuit against Activision claiming that Guitar Hero titles violate one of its patents. Now the company appears to be on the warpath, suing Wal-Mart, Target, GameStop, Amazon, Toys 'R' Us and Kmart in an attempt to get the game off of store shelves. Reportedly, Gibson took "this action reluctantly, but is required to protect its intellectual property." For the retailers that did comment, they chimed in only to say "we aren't commenting," and judging by the looks of things, the games are still widely available -- for now.

[Meai @ Mar 21st 2008 10:08AM]

Just a clever trick in order to get more sales! In fear of not catching a copy customers will flood the supermarkets!

[CUBSWILLWIN @ Mar 21st 2008 10:06AM]

I bet they're only suing because they need money for something. If that wasn't so, Gibson wouldn't send lawyers to blast people with lawsuits

[jason @ Mar 21st 2008 1:32PM]

Have you seen the Gibson-fender guitar??? this is what happens when the greats collide.....

http://www.youtube.com/watch?v=5uZr3JWYdy8

[Dave @ Mar 21st 2008 2:46PM]

Goddamn you, Jason. I was really excited about seeing that guitar, too.

[Nick @ Mar 21st 2008 2:51PM]

Hahah Rick Roll'd

[CUBSWILLWIN @ Mar 21st 2008 3:32PM]

thanks for the comment before I clicked the link :-)

[jason @ Mar 21st 2008 7:00PM]

Def an epic rickroll tho..

[Jonny @ Mar 23rd 2008 8:38AM]

If you ask me, the whole RickRoll thing is tired, way played out, and stupid.

Well, it was stupid to begin with.

[jason @ Mar 23rd 2008 2:17PM]

didn't ask you... click the link...

[Chad @ Mar 21st 2008 10:08AM]

I'm schizophrenic...and so am I

[tdowling @ Mar 21st 2008 12:34PM]

Schizophrenia is not multiple personalities.

[vileta2 @ Mar 21st 2008 12:56PM]

I think you mean bipolar?

[dhughes @ Mar 21st 2008 1:28PM]

I wonder if Santa Claus is bi-polar??

[MichaelD @ Mar 21st 2008 3:30PM]

Bipolar is not multiple personalities either. It seems bipolar is the new condition to make ignorant jokes about these days...

[linktowhat @ Mar 23rd 2008 9:22PM]

Dissociative identity disorder is the term for multiple personalities.

[Chad @ Mar 24th 2008 10:20AM]

ROFLMAOPIMP!!!!!!!!

Good gawd you people are anl. It's called a joke.

[Alex Padilla @ Mar 21st 2008 10:09AM]

What the hell is their problem? Do they not realize that they authorized Harmonix (and now Activision) to model their game controllers off of their guitars? It's not like the two developers made these electronic "replicas" without getting Gibson's approval first. I don't know what's going through Gibson's head, but whatever it is, it's not logic or sanity. Gibson, get a grip, grow up, and think before you act (both in the product licensing and in the lawsuits).

[601210 @ May 1st 2008 11:15AM]

It's unrelated. They're suing about a "virtual reality" device that shows concert footage, and uses a guitar with a separate track for the guitar.

[NHAnimator @ Mar 21st 2008 10:09AM]

"A copy of the patent is included in Gibson’s lawsuit and dated Nov. 23, 1999. It describes a device that lets a user 'simulate participation in a concert by playing a musical instrument and wearing a head-mounted 3-D display that includes stereo speakers.'

The device also includes playback of audio and video of a prerecorded concert and a separate track of audio from the user’s instrument."

In Guitar Hero:

1. You don't play a musical instrument.
2. There is no head-mounted display.
3. There are no stereo speakers.
4. There is no audio/video of a prerecorded concert.
5. There is no separate track of audio from the user's instrument.

That all ya got, Gibson? Cause you may want to try suing me for playing air guitar, too.

[wrod @ Mar 21st 2008 10:28AM]

That's the killer right there - their patent applies to a musical instrument being used in the simulation. The guitar used in GH is most definately not a musical instrument...

[Konstantino @ Mar 21st 2008 10:51AM]

Actually 4 and 5 are technically incorrect. There IS prerecorded music, and the guitar track played in guitar hero is kept separate from the vocals and other instruments.

[NHAnimator @ Mar 21st 2008 11:54AM]

@Konstantino:

"4. There is no audio/video of a prerecorded concert."

I HAVE heard prerecorded music, but not from any concert.

"5. There is no separate track of audio from the user's instrument."

There ARE separate tracks during song play, but not FROM the user's instrument. A separate track be turned on or off based on input from the user, but there is no audio coming from the instrument itself (as it would from a real guitar).

I would argue that 4 and 5 ARE technically correct.

[Sime @ Mar 21st 2008 10:11AM]

its already to late to remove it. Everybody and their mother has guitar hero

[Rob @ Mar 21st 2008 10:16AM]

It's never too late to stop new releases. Look at what happened to Buffalo and all their routers. You can't get them from retailers anymore. That's a shame cause I love their routers. I'm not sure Gibson has much ground here. But, if they take their case to Texas, they'll probably win.

[retro77 @ Mar 21st 2008 10:12AM]

Must be a "likeness" issue. Ya it looks like a guitar. Ya, Gibson makes guitars. Hope Gibson looses, seems like a frivolous lawsuit.

[Dale @ Mar 21st 2008 11:24AM]

It's more complicated than that - they look like GIBSON guitars, because Gibson licensed the likenesses and designs of their guitars to the publishers of the game!

[retro77 @ Mar 21st 2008 12:00PM]

If they licensed it then there shouldnt be an issue...right?

[Wink Jr. @ Apr 3rd 2008 4:31PM]

Doesn't Gibson realize this game has undoubtedly sent who knows how many millions of gamers out to buy real guitars...

... which after a couple of weeks or a broken string, will sit in the corner, collecting dust but looking "kewl".

[kevjohn @ Mar 21st 2008 10:12AM]

When Guitar Hero is outlawed, only outlaws will have Guitar Hero.

[LiqwidZero @ Mar 21st 2008 10:17AM]

And my Schwartz will be bigger than yours.

[Raiden @ Mar 21st 2008 11:19AM]

i think gibson never realized that a ban on guitar heroes will deter away from future developments, which in effect screw his own patent..

*developers
"Hey lets make a new guitar heroes name.."
"Nah, I hate being sued, last time we pulled our stuff, people sent death threats to us"
"How about another carbon copy FPS though?"
"Sounds great, that'll at least make more money with all those DLC maps"...

*meanwhile, gibson hugs his patent to sleep, every freaking earthly day...

[Lo_Opy! @ Mar 21st 2008 10:19AM]

it seems like people and companies are getting more sue-happy every day....

[Barry @ Mar 21st 2008 12:51PM]

Is it that companies are more sue happy today or is it that we hear about every frivolous lawsuit almost the moment it gets filed?

[max mcleod @ Mar 21st 2008 10:19AM]

Gibson is just mad that they've been making the same boring ass guitars for the past billion years, and can't pull themselves out of the gutter...

[PhilxBefore @ Mar 21st 2008 1:37PM]

Are you kidding?

Gibson is classic! They stand by their guitars because they know they are perfect! Boring ass guitars? Aren't you the one holding the Gibson shaped controller?

You don't fix something thats not broken. Theres no need to change anything about their guitars because theres nothing wrong with them at all. Personally, many of my friends swear by Gibson, and I won't play anything thats not a Gibson unless its an Ibanez. ;)

[bored analyst @ Mar 21st 2008 11:43PM]

@PhilxBefore

You're missing the point. Although the Gibson Les Paul is one of the best guitar models available (comparable to Fender's Stratocaster and Telecaster models) it is OVER 40 YEARS OLD and has been copied/emulated/licensed to/by numerous companies (such as Yamaha).

The fact is that you are not actually holding a Gibson Les Paul, rather an approximation of it's appearance which is a fundamental falure point of this lawsuit. You are not actually holding a guitar or a musical instrument of any kind. If you maintain that a Guitar Hero controller is a musical instrument, the same must be said for all control pads, keyboards and mice on the planet.

Without any aids:
If you play a Guitar Hero controller, what do you hear? A series of indistinguishable clicks.
If you play a real guitar, what do you hear? A series of notes which are distiguishable by volume, pace and most importantly, pitch.

I will agree that Ibanez produce some awesome instruments and design ideas.

[Blu-Sam @ Mar 21st 2008 10:20AM]

lol, what's wrong with find one on ebay or other auction online?

[dervheid @ Mar 21st 2008 10:25AM]

Patent Stupidity.
I concur with NHAnimator.
Guitar Hero is NOTHING like participating in a concert.
IT'S A GAME!
This shit needs kicking out of court sharpish.
Then someone needs to kick the shit out of whichever Gibson exec/lawyer that came up with this.
The're only making themselves look like COMPLETE NUMPTIES.

[SirWalksAlot @ Mar 21st 2008 10:33AM]

Would Gibson still sue if the game were called "Saxophone Hero" with hits from Kenny G and the like? Absolutely not.

The issue here must be that Gibson sees FAKE guitar sales biting into their REAL guitar sales. It's far more likely, in my mind, that their sales should increase because of the fact that the people exposed to guitar hero are more likely to want to play a real guitar.

The reason Gibson will have this lawsuit thrown out is that ultimately the "guitar" in guitar here is just a joystick with a shoulder strap. The shape is completely arbitrary, existing solely to mimic (quite poorly) the appearance of a musical instrument; unlike an actual guitar which has a particular (albeit somewhat flexible) design for a reason.

[sjdurfey @ Mar 21st 2008 12:04PM]

so you think guitar hero's guitars are taking away sales from Gibson? ummmm, how? a guitar hero guitar is a controller and can only be used in one way...to play a video game. meanwhile a gibson guitar can be played anywhere. the two look similar, but are completely dissimilar in usage. if anything guitar hero will spur guitar sales, therefore helping Gibson, because now you have all the wanna be rockers buying guitars. Now, if someone was making counterfeit gibson guitars (read: actual guitars, not guitar hero guitars), then you would be on to something.

[sjdurfey @ Mar 21st 2008 12:05PM]

ah, forget my post. i missed something in your original post. however, i dont think gibson has an issue with activision selling guitars for their games, they just want their precious patent that they arent using to protect them and give them lots of money. its a shame we can't delete posts.

[Phour ZwanZig @ Mar 21st 2008 5:41PM]

If it is sales or not, either way, gibson's patent is dif than what GH is.. Soo I have a crazy Idea..

Why doesnt Gibson do something with that patent and ride the GH hype like RockBand and bring in new money off their Gibson Hero..

[Xew @ Mar 21st 2008 5:43PM]

Kenny G on Saxophone Hero? I'm not even going to comment...

[SirWalksAlot @ Mar 21st 2008 5:52PM]

He's only "the world’s most renowned saxophonist" http://www.kennyg.com/bio.php ;)

[Fred @ Mar 21st 2008 10:35AM]

Meh, I got rid of Guitar Hero for Rockband anyway...although this is total BS on Gibson's part. You only licensed the design OF YOUR FREAKING GUITARS!!!! I mean it's not like they snuck this game in on you, YOU WERE INVOLVED IN PRODUCING IT, YOU MORONS!

[sjdurfey @ Mar 21st 2008 12:07PM]

the issue isnt with how the guitars look at all. did you read the article? its about the concept of guitar hero infringing on one of their patents, or so they think.

[Fred @ Mar 21st 2008 2:04PM]

I get that, it's just that you'd think that a company that is licensing their products to be in a game about playing virtual guitars would be smart enough to know their own intellectual property, and when approached would say, "Hey didn't we patent something like this a while back? Hey we'll get back to you before we allow our designs to be used in your patent infringing game." Rather than letting the idea become a marketing juggernaut and then try to stop a pretty fast moving train.

[AndrewP @ Mar 21st 2008 11:03AM]

I just want credit for the stories that I lead engadget to.

[Eddie W @ Mar 21st 2008 11:10AM]

I play guitar and was thinking it might be nice to own a Les Paul as my next electric. I'll be rethinking that now and buying from a company that spends their time making guitars rather than licensing their product to a video game company and then turning around to sue them.

[vudean @ Mar 21st 2008 11:16AM]

buy a paul reed smith