We still think Gibson's attempt to claim that Guitar Hero violates its patent
on "simulating a musical performance with a musical instrument" is totally unfounded and ridiculous for a number of reasons (it involves a "3-D headset," for one), but we can sort of see why the company is now suing Harmonix as well -- they're a Fender outfit, after all. The third in a series of petulant lawsuits
filed by the notoriously litigious guitar maker over the patent claims Harmonix, Viacom, and Electronic Arts are all liable for Rock Band
, but it's not clear if Gibson is going after just the guitars or the drum kit as well, which is probably closer to actually counting as an instrument
. Of course, the patent itself hasn't changed since the last time we read it, and it's obvious that Gibson's going to have itself quite a challenge convincing the court that playing Guitar Hero or Rock Band involves musical instruments of any kind -- after all, it's just Simon, right?
Disclaimer: Nilay is a lawyer and a rock star, but he's not your lawyer (or your monkey, man) and this is not legal advice or analysis.