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Harmonix calls for an encore in Gibson patent case
The patent suit brought by Gibson against Harmonix and other parties related to Guitar Hero and Rock Band was stayed due to the US Patent and Trademark Office deciding to reexamine the patent. According to Patent Arcade, Harmonix and a group of retailers have asked a Tennessee court to continue proceedings -- of the case against them.Why is Harmonix engaging in this seemingly self-destructive (but not in the cool rock star way) behavior? When the USPTO looked into the patent again, it changed the definition of "musical instrument" to include the characteristics of being "adapted for making musical sounds" and "the instrument audio signal comprising an electrical signal output by the musical instrument that varies in response to operation of the instrument by the user of the system." Harmonix apparently believes that because of this new definition, and because of the precedent set by Gibson's other case, against Activision, the case will go in its favor in the end. If the stay is lifted, Harmonix will then file a motion for summary judgment of non-infringement.
Break out the lighters for sunburst THIEL CS3.7 speakers
THIEL is well-known for its impeccable cabinet construction, but the photo above takes its typical speaker porn up a notch. Or eleven. Pictured is a very special edition of its vaunted CS3.7 speaker built in conjunction with Gibson Custom Shop (as in Gibson guitars). Your eyes don't deceive you, the driver-less CS3.7 cabinet seen above is wearing a sunburst finish which, much like the entrants to our own THIEL giveaway, has reduced us to "me want" monosyllables. In case the drop-dead-gorgeous looks aren't enough to win you over, the ten pairs made will be signed by none other than company founder Jim Thiel and -- get this -- Les Paul. The company has not decided which lucky souls will receive the eight remaining pairs (one will be auctioned off for charity, another is slated for Savant AV's NYC design center), but considering that garden-variety CS3.7s weigh in just shy of $13,000 per pair, we're skipping right to shameless groveling. More pics after the break.[Via AVGuide]Read - Sunburst CS3.7 backstory, chapter 1
Activision and Gibson settle Guitar Hero patent lawsuit
Earlier this month, Activision and Gibson Guitar Corporation (the guitar manufacturer) settled the year-old litigation over a patent dispute, according to court documents obtained by Gamastura. With all the lawsuits we've been writing about recently, you'd think we'd see more posts like this every once in a while, right?The terms of the settlement haven't been released as of yet and we've requested comment from both companies. Confusing the situation even more is Gibson's recent loss in ... umm ... another case with the publisher, we suppose? Perhaps the two companies will explain. Activision remains engaged on another music/rhythm game front with Genius Products ... via 7 Studios, its development studio, over Scratch: The Ultimate DJ. Like us, you'll just have to wait patiently until the tantalizing results of that lawsuit come to light.
Gibson loses Guitar Hero patent suit, outlook on other claims in doubt
It appears Gibson's master plan to play patent troll against many companies within the game industry will fail. Engadget reports that Activision's defensive lawsuit against Gibson has succeeded. The guitar maker was trying to squeeze some extra cash out of its former partner by tying Guitar Hero to a patent it had whereby a "musician can simulate participation in a concert by playing a musical instrument and wearing a head-mounted 3D display that includes stereo speakers." Not only did the court not agree with Gibson's patent claim, but the judgment stated Activision's plastic peripherals aren't instruments, but "toys that represent other items."Activision's win puts doubt on Gibson's ability to continue its litigious money-grab against Harmonix, EA, Viacom, and its ability to stop major retailers from selling the Guitar Hero games. Perhaps Gibson should seek better counsel the next time it attempts to take on an entire industry with a weak patent claim.Source -- Gibson loses GH patent lawsuit, gets booed off stage [Engadget]Source -- PDF of ruling.
Gibson loses Guitar Hero patent lawsuit, gets booed off stage
Well, we can't say we didn't see this one coming -- the US District Court for the Central District of California just ruled that Guitar Hero doesn't infringe Gibson's goofy patent on "simulating a musical performance." Just as we thought, the case more or less turned on whether Guitar Hero controllers are actually "musical instruments," and not surprisingly, the court said they're not -- it called them "toys that represent other items." What's more, the court also found that Gibson's patent only applies to devices which output analog audio signals and not MIDI signals or other types of control signals, so it's looking like other rhythm game developers are in the clear for now. We're guessing this also means Gibson's similar lawsuit against Harmonix for Rock Band is on hold while the company decide whether or not to appeal -- let's hope it decides this nonsense isn't worth it.[Thanks, Matt; warning, PDF read link]
Video: Gibson Dark Fire guitar hands-on
We'll be honest -- we're totally in love with Gibson's Dark Fire guitar. The $3,499 update to the Robot guitar we played with at CES last year is lighter, faster, easier to use and features new Chameleon Tone technology that actually reconfigures the individual pickups to deliver different sounds. The FireWire / MIDI breakout box enables you to record directly to a computer, but you can also tweak presets and control the guitar from the included Ableton Live / Guitar Rig bundle. It's seriously hot -- and it's even hotter when it's being demoed by German inventor Chris Adams, who might be the single coolest dude at CES. Check it out after the break!%Gallery-41525%
Gibson kicks out the Dark Fire second-gen Robot Guitar
Gibson's limited-edition Robot Guitar was undeniably cool when we played with it last year, and it looks like the sequel's going to be even hotter -- say hello to Dark Fire. The flame-red axe features a second-generation Robot tuning system can get up to pitch in less than a second -- and not only is it smaller and lighter than the weighty original, battery life has been significantly extended to 500 tunings on a single charge. Once you're in tune, you'll be able to make almost any noise you want with the Chameleon Tone system: in addition to a P90 and a bridge-mounted humbucker, there's a third piezo pickup in the bridge that can be blended with the standard units for what Gibson called an "incredible array of tonal possibilities." In case that's not enough for you, the Dark Fire also ships with the Robot Interface Pack, a powered breakout box that lets you integrate your axe into almost any digital audio workflow you can dream up: there's two quarter-inch balanced line outs, headphone out, FireWire (sorry, MacBook owners), and a special hex connector that carries the output of each string from the piezo pickup -- these can either be broken out into individual quarter-inch outputs or used to control MIDI guitar controllers with an adapter. Original Robot owners aren't being left out: Gibson says it'll upgrade them for "close to cost," after the Dark Fire launches on December 15th. Pretty wild, all in all, but we'll wait for pricing information to hit before we consider trading in our battered old Tele.[Via Music Radar]
Guitar Hero gets branded up
Activision has announced a whole slew of brands will be supporting the upcoming Guitar Hero: World Tour, from amps right on down to guitar strings. It's nothing new to us, considering the company did the same thing for previous Guitar Hero games, but the list for World Tour is kind of massive. It goes: Ampeg Audio-Technica EMG Pickups Ernie Ball Evans Drumheads Guitar Center Krank Amplification Mackie Marshall Orange County Drum & Percussion Pork Pie Percussion Regal Tip Sabian cymbals Vox Zildjian drumsticks Of course, with Rock Band tapping Fender for their guitar needs, and Gibson suing everyone on the planet, we wonder why Activision hasn't found another suitable Guitar manufacturer to feature in their game. May we suggest Ibanez? They make some nice guitars!%Gallery-23491%[Via Joystiq]
Guitar Hero World Tour features lots of brands (except Gibson!)
An Activision press release that just landed in our inbox breathlessly details every single promotional tie-in that Guitar Hero World Tour's packing. Really, it's a huge list! Here it is, straight from the release: "Ampeg, Audio-Technica, EMG Pickups, Ernie Ball, Evans Drumheads, Guitar Center, Krank Amplification, Mackie, Marshall, Orange County Drum & Percussion, Pork Pie Percussion, Regal Tip, Sabian cymbals, Vox and Zildjian drumsticks." Notice anything missing? Considering it's busy trying to sue everyone but Activision, even retailers, it's unsurprising that guitar-maker (and patent-claimer) Gibson is nowhere to be seen. Of course, the total absence of any Gibson branding on Guitar Hero World Tour's Genericasters was our first clue but it would appear that lack of cooperation extends to the in-game experience as well. So, while you trick out your virtual drum kit with gear from the above purveyors, your axe will remain hopelessly generic. Isn't there any game in town besides Gibson and Rock Band BFF's Fender?
Cinemassively: Gibson Island in Second Life
Earth Primbee, Cypress Rosewood, and the Gibson Guitar company created a video to let Second Life residents know that they're ready to rock. Tateru Nino recently wrote about Gibson's entry into the virtual world that will take place today on their island. While most companies are fleeing SL in droves, it seems as if Gibson didn't get the memo, as they roll out a 12-hour premiere and showcase their guitars. It's nice to see a company that doesn't get intimidated by a little negative backlash!If you have machinima or movie suggestions from any MMO, please send them to machinima AT massively DOT com, along with any information you might have about them. Please note that due to the high volume of Second Life submissions, we would prefer submissions from other platforms.
Gibson joins Second Life, Bob Welch to perform
Actually, we're talking about the other Gibson for those of you who were thinking about William Gibson. Gibson Guitar corporation, the famous manufacturer of acoustic and electric guitars (their website is down due to a configuration error at the time of writing), are launching an island in Second Life on Wednesday, 16 July to promote their products, and the work done through the Gibson Foundation (ditto on the website cock-up, sorry). While Gibson Island (not to be confused with the more famous Gibson location in Second Life, the cyberpunk dystopia named for the aforementioned William Gibson) is not yet open to the public, we were able to get an early peek at the site (a really long lens comes in handy) while Metaverse Media Group staff and contractors were finishing up construction on the site. As part of the launch, 70s multi-platinum solo artist and former Fleetwood Mac vocalist/guitarist Bob Welch will perform in an exclusive concert with other Second Life musicians. Bob Welch's avatar (Bobwelch Magic) will also appear on stage along with celebrity musicians Cypress Rosewood and Von Johin.
Gibson intros SG Robot Guitar, new edition of Les Paul version
Last time we saw the Gibson Robot Guitar it was in the hands of Yngwie Malmsteen, who was laying down gorgeous, undulating waves of pure classical-metal fever. The first version of the self-tuning Les Paul was a rather limited edition, but now Gibson is sharing the wealth by introducing two more widely available models. The guitar-maker will issue the original iteration of the axe, but it will now be joined by Gibson's other familiar face, the SG. Both models will apparently be available in a funky, purple-metallic finish (which we suspect only Prince could truly love), and will go on sale for a "limited time" -- though Gibson hasn't said what the cutoff will be. So, if you've got $3,999 for the Les Paul, or $3,599 for the SG, now might be the time to buy.[Via TrustedReviews]
Sunday Morning Funnies: Subtle hostility
Sunday Morning Funnies has quite the line-up this week, with even more on the horizon for next week. As always, don't forget to leave a tip about a WoW-themed comic you know! A new WoW-themed comic from Action Trip. I would explain but I think I'll just let you click through and see for yourselves. Regrettable Choice from Extra Life. Just mentally scratch out "Youtube" and replace it with "WoW Community Forums." A New Beginning with Shakes and Fidget. It comes complete with gratuitous Bar Maiden. Feel like an economic squabble? GU Comics has Just a Little Suggestion for Activision and Gibson. If you'd rather chew on politics, LFG lays out the facts of a prison break. Manic Graffiti has some insight on the Frostmourne Replica. That's pretty self-explanatory, but if you'd like more information, check out our coverage and opinions. Ding! has an opinion on Tauren hunters. From Teh Gladiators comes an intro, or a prequel, to soon-to-come shenanigans. The Brotherhood of the Hat from The Adventures of Disgraph T. Dwarf. Head through the break in order to vote on the one you liked best.
Gibson lays lawsuit on GameStop, other major retailers
Gibson seems to be poking its straw into any hole it can find these days, trying to desperately suck up some of that gooey Guitar Hero money before it's all gone. On Monday, the guitar maker filed a federal lawsuit against major retailers that sell Guitar Hero games, including GameStop, Wal-Mart, Target, Kmart, Amazon, and Toys "R" Us, seeking to prohibit sales of the games. In a statement released Thursday, the company claimed it took "this action reluctantly, but is required to protect its intellectual property."Though Gibson has yet to file suit against Guitar Hero owner Activision, the guitar company has made a legal claim alleging that the games (when played with the guitar controllers) violate Gibson's patent for a type of virtual music performance. Subsequently, Activision filed a preemptive lawsuit against Gibson last week, and then publicly dismissed Gibson's patent infringement claim. Most recently, Gibson targeted Guitar Hero creator and former developer Harmonix, its daddy's daddy Viacom and Rock Band co-publisher Electronic Arts for allegedly violating the same patent ... Yeah, our head's spinning too. [Via Engadget]
Gibson still thinks a video game is a musical instrument, sues Harmonix for Rock Band
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.
Gibson sues Harmonix, Viacom, EA over Guitar Hero
Following Activision's filing of a pre-emptive lawsuit last week – asking a judge to dismiss guitar-maker Gibson's Guitar Hero patent claim and later saying it had "no merit" – and then Gibson's lawsuit against major retailers selling the game, Gibson has now filed a patent infringement lawsuit against ... well, not Activision. No, Gibson has filed a patent infringement lawsuit against former Guitar Hero developer Harmonix; Harmonix's parent company's parent company, Viacom; and Rock Band publisher and all around Guitar Hero-less innocent bystander Electronic Arts. Gibson is claiming the aforementioned companies violate their 1999 patent covering "a system for electronically simulating participation by a user in a pre-recorded musical performance." For their money – even though they're not the ones being sued – Activision claims that "by waiting three years to raise its claim, Gibson had granted an implied license for any technology." Regardless of the outcome or the number of Gibson-branded plastic guitars out there, we suspect it won't be getting a fruit basket from the video game industry this holiday.
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.
Activision believes Gibson's patent has 'no merit'
Activision has made a formal statement about its lawsuit against Gibson Guitar Corporation's patent claim on Guitar Hero. Activision calls Gibson's squeeze-play a "transparent end run ... on patent assertions that Gibson knows have no merit." According to Activision, Gibson waited three years until this past January to make its patent allegations and only did so after Activision said it was no longer interested in renewing its "marketing and support agreement with Gibson." Poor Gibson, looks like it's just a little bitter about (Warning: double cliché alert) not seeing the light on its patent many moons ago and missing the boat on a billion dollar franchise. Meanwhile, Harmonix is still making money off the franchise it lost and is currently working out a deal with Activision over the $14.5 million the company says it's due in royalty fees.
Activision files lawsuit after Gibson claims Guitar Hero patent
Yesterday was a busy legal day for the Guitar Hero franchise, what with Harmonix pulling a $14.5 million dollar royalty suit on the same day Activision decided to address a patent claim from its guitar partners at Gibson. Sure, we're not fancy lawyers with fancy pants, but it strikes us as particularly odd that Gibson managed to work up a deal with Activision – licensing its branding as well as the likenesses of some of its most iconic guitars – well before realizing that, hey! It's already patented this whole thing and owns the rights to a device whereby a "musician can simulate participation in a concert by playing a musical instrument and wearing a head-mounted 3D display that includes stereo speakers."Turns out that while Gibson told its pals at Activision about the patent back in January, the Big A just filed a lawsuit yesterday asking the U.S. District Court for Central California "to declare Gibson's patent invalid and to bar it from seeking damages." Considering we're talking about a billion dollar franchise, we're sure Gibson's been seeing dollar signs. Perhaps it's afraid games like Guitar Hero are siphoning potential guitar sales away from, y'know, actual instruments ... or maybe it just figured why the heck not. Unless they make nice nice, we figure there's a chance we could see Fender-branded guitars in both guitar rhythm series going forward.[Via Engadget]Read – Activision's "Guitar Hero" violates patent: Gibson (Reuters)Read – United States Patent Number 5,990,405
Gibson says Guitar Hero violates patents, Activision says nuh-uh
We're not exactly clear on how Gibson's legal team managed to license all those brand names and guitar designs to Activision for this many Guitar Hero games before realizing that the company maybe-sorta had a patent on the idea, but here we are: Activision filed a lawsuit yesterday asking the US District Court for Central California to invalidate a 1999 Gibson patent on "simulating a musical performance," because apparently Gibson's bugging them about it since January. Wait, just January? Seriously, people, you'd have thought this would've come up by now. Anyway, Activision says that Gibson is still a "good partner," just that it "disagrees with the applicability of their patent and would like a legal determination on this." We're sure it would. Gibson's patent apparently involves playing an instrument of some kind along with a pre-recorded concert while wearing what is described as a "3-D headset," so there seems to be some overlap, but we'll see what the court says -- something tells us explaining Guitar Hero to the judge is going to be relatively amusing.Update: On reading the patent, Gibson's system is designed to be used with a "musical instrument" -- and no matter what the Guitar Zeros have to say, we don't think Guitar Hero controllers really qualify. It'll definitely be interesting to see what the court has to say about that, no? [Thanks, Matt G.]Disclaimer: Nilay's a lawyer and a decent Guitar Hero player, but he's not your lawyer, and none of this is legal advice or analysis.Read - Article on lawsuitRead - Gibson patent
