ATVI Returns Fire on No Doubt

Activision has filed a countersuit against rockers No Doubt, alleging breach of contract and unjust enrichment.

The move comes in response to No Doubt’s suit of Activision over the ability of gamers to use No Doubt on-screen avatars to perform other band’s music in the game Band Hero. No Doubt claimed that such an implementation relegated them to a “virtual karaoke act.”

Activision’s counterclaim was filed December 3 in the U.S. District Court, Central District of California, Western Division. As part of the complaint (full PDF available here), Activision attached a copy of a Professional Services and Character License Agreement between the parties, dated May 21, 2009. Activision wrote that the contract “speaks for itself,” and denied allegations of wrong doing.

In response to No Doubt’s main complaint, Activision wrote:

Activision admits that although it is possible to program a videogame whereby particular in-game characters can only be selected when certain songs are played, Plaintiff first requested this only after the "Band Hero" programming was finalized, had been submitted to all of the U.S. console manufacturers for approval and had been approved for manufacture by most console manufacturers…

Activision is seeking judgment in its favor, unspecified damages and interest, a return from No Doubt of all benefits and payments, an order for No Doubt to pay the “full cost of this action” and “reasonable” attorney fees, along with further awards and relief that the Court “deems just and proper.”

The Hollywood Reporter|

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  1. jedidethfreak says:

    I’m well aware of that.  However, outside of some minor playability difference, they’re pretty much the same as far as presentation.  That’s what I was getting at, that all of these games came out, usually with no band having more than one song on the game, and Gwen thinks she can go into a tizzy because her character is singing other songs.

    He was dead when I got here.

  2. Ryoshi says:

    They actually allowed that with Hendrix, which further cements the fact that No Doubt never bothered asking and never read their contract.

  3. jedidethfreak says:

    I’m wondering what the hell No Doubt think they got themselves into by signing on to be in Band Hero.  None of the other band games allowed featured artists to "only" perform that featured artist’s song.  What the hell do they think happened that made them different?

    He was dead when I got here.

  4. JDKJ says:

    Whether or not Xbox Live can be accessed by a PC is of no relevance when the relevant facts are that: (a) it was consoles which were banned, not PCs and (b) there is no guarantee that the owner of a banned console would have a PC. Once again, if the account holder is able and continues to enjoy the value of their subscription through the use of a PC, then why would they be demanding a refund? I don’t see the relevance of your point.

    And is mere "suspicion of piracy" a fair and equitable basis to ban a console? What if the suspicion of piracy is ill-founded and the account holder in fact has pirated nothing? Is there a means to challenge the allegation of suspected piracy prior to banning? Or is MS’ word on the matter final and binding? Is it fair and equitable to ban the console on nothing more than an unsupported and unchallenged suspicion of piracy? I would think that it isn’t. And would think that a court would agree.

    Moreover, who’s to say that a console was in fact modified? Do we take nothing more than MS’ word as final on the matter? Is the means by which they determine that consoles have been modified 100% fool-proof?  What if that determination is incorrect? What if the banned console hasn’t in fact been modified? Is the account holder given an opportunity to challenge that determination? Or is MS’ word on the matter final and binding?  Is it fair and equitable to ban the console on nothing more than an unsupported and unchallenged allegation of modification? I would think that it isn’t. And would think that a court would agree.      

  5. jedidethfreak says:

    Yeah, because people have never sued a rich company out of greed, right?  Because lawyers have ethics, too, right?

    If there’s such a problem with transferring accounts, explain how I use an XBox live account – WITHOUT EVER OWNING OR PLAYING AN XBOX?  Because it works on PC’s, too.  They did make them transferable, because, when they released the Elite, so many people upgraded their regular system to an Elite.  Also, so many PC games that are out on the 360 are playable between them, such as Halo, Halo 2, HAWX and many others.  Therefore, Xbox Live needs to be able to transfer between systems, so that people don’t need to pay for multiple accounts for multiple systems.

    Why is that so hard for you to get?  Of course, you also neglect to mention the fact that the consoles were banned from Xbox Live due to piracy suspicions.  Seeing as how Xbox Live will have recorded that kind of information, it isn’t "unjust enrichment" if the people suing violated the law.

    You KILL Vampires. You don’t DATE them.

  6. JDKJ says:

    And an account can be simply transferred to another console because all Xbox consoles are sold in pairs and, therefore, everyone who buys an Xbox console must necessarily also have another Xbox console laying around. Right?

    If you think that’s the sort of argument which can defeat the claim of unjust enrichment, then that merely confirms my earlier suspicions that you are entirely clueless about the legal concept of "unjust enrichment." Unjust enrichment is based in "equity." Equity concerns itself with notions of equitable treatment and fair play. Hyper-technical, nit-picky arguments such as "the account wasn’t canceled and can still be transferred to another console (when there’s no absolute guarantee that all account holders can readily make that transfer)" aren’t usually winning arguments before a court applying the maxims of equity in deciding a case’s outcome. 

    What you, in your unmitigated ignorance, are obviously overlooking is the fact that if an account holder continues to access their account through the use of another console, then they’d have no reason to demand a refund. Would they? No, they wouldn’t. They’d be a happy camper. You fucking idiot.  


  7. jedidethfreak says:

    Except for the fact that, as you’ve been told many times but are too dense to understand, Microsoft didn’t take anything away.  People who paid for Live accounts still have – and have access to – those accounts.  Said accounts can be transferred to another Xbox.  Since they still have something they paid for, it’s not unjust enrichment.  But it would require you to stop sucking dicks for quarters long enough to actually think about that.

    You KILL Vampires. You don’t DATE them.

  8. JDKJ says:

    As Torven and I have previously discussed at great length in the an article on the banning of consoles from Xbox Live, whenever one party has retained the value (e.g., money) of another party under circumstances that are potentially inequitable, there is always the possibility that the aggrieved party has a bona fide claim for "unjust enrichment." That’s the legal term for such a claim, i.e., "unjust enrichment." It’s a fairly common claim brought, very often, in contract cases where one party has either paid for goods/services or rendered goods/services and the other party has, respectively, not rendered the goods/services paid for or not paid for the goods/services rendered. It is a claim based in what’s called "equity" and, therefore, isn’t technically based on the contract. Therefore and regardless of what the contract says, if the aggrieved party can establish that it would be unfair to allow the other party to keep their value, then the other party has to disgorge the value. 

  9. JDKJ says:

    Have you not considered the possibility that I’m a solo practitioner and, therefore, can do with my own time and resources whatever I please do to with them? Who said, other than you, that I’m currently associated with anybody’s law firm? Law firms don’t have a complete monopoly on the practice of law and the provision of legal services. If you weren’t a complete idiot, you’d know that.

    Or have you not considered the possibility that I’m filthy, stinking rich and, while I maintain a current bar admission, don’t need to actively practice law to make a living and can, instead and if I so choose, spend all day chatting with fucking idiots like yourself on a GamePolitics thread? 

    Your conclusion that I’m not a attorney in no way necessarily follows from the facts to which you point. Which isn’t really surprising. You have a well-established history here for arguing logical disconnects. 

  10. jedidethfreak says:

    Well, I’ll still call you out for not being a lawyer, for sucking dicks for quarters and for being a douchebag.  You know how I know you’re not a lawyer?  Because you can’t be posting responses when you do if you are.  You’d have to be doing it on your firm’s equipment, on a client’s time, and I doubt either would be very appreciative of the things you say online to people you’ve never met.

    You KILL Vampires. You don’t DATE them.

  11. JDKJ says:

    You can scream YOU’RE NOT A LAWYER all you want but the fact that I am a lawyer will still remain. Just like the fact that you are a complete idiot when it comes to matters legal in nature will still remain, regardless of what I scream. And if you think I’m a "douchebag" because, once again, you’ve run your mouth off on a matter about which you are absolutely without a clue and I’ve called you out for doing so, then I guess that makes me a "douchebag" in your eyes. But, unfortunately, I’m not gonna stop calling you out for being a complete idiot and talking shit about that which you know nothing. So, I guess I will remain a "douchebag" in your eyes. My sincere apologies in advance. 

  12. jedidethfreak says:

    If I’m a bonoboo monkey, you suck dicks for quarters.  YOU’RE NOT A LAWYER.  I’m surprised you’re not saying that Activision is at fault again, like you did in the last article about this same controversy, and you do any time a corporation is getting sued by some individual or group of people.  Also, if you’re going to comment to me on not reading the complaint, how about you say the same shit to everyone else who commented above me, as that was the whole comment line.  Oh, wait, that would require you to not be a douchebag, which you’re incapable of doing.

    You KILL Vampires. You don’t DATE them.

  13. JDKJ says:

    I wouldn’t be forced to be a douchebag if you’d quit offering baseless legal opinions. Maybe next time you can manage to actually click on the link and read the complaint before you start to analyze the complaint. Doing so may help the quality of your analysis.

    Your theory doesn’t even satisfy the elements of an unjust enrichment claim, which require that one party be enriched as a direct result of another party being improverished (e.g., Party A is unjustly $20 richer because he’s taken Party B’s $20 and given Party B nothing in return). Benefits which a party indirectly recieves, such as the "increased record sales" to which you point, don’t even qualify. Your theory is pure dog shit. Plain and simple. It’s not, as you think, a "stretch." It’s a legal non-starter.


  14. jedidethfreak says:

    And I’ve told you time and time again to stop being a douchebag.  I didn’t know about the promotional services clause of the contract, I was replying based on the particular thread above.  Either way, an unjust enrichment claim is valid in this particular case.  Granted, the one I outline is more of a stretch, but not by a whole lot.


    He was dead when I got here.

  15. JDKJ says:

    All that has very little to do with a bona fide claim of unjust enrichment. I’ve advised you time and time again that, if you’re going to voice opinions on legal matters with such confidence, you should at least make some attempt to familiarize yourself with the law beforehand. Instead of making up the law in your own head. The law is the law is the law. There’s no fooling people who are actually familiar with the law by stating some law you fabricated and which isn’t the actual law. The law is the law is the law.

    If you actually knew half as much about the law as you apparently only think you do, you’d know that among the many possible circumstances in which a claim for unjust enrichment can arise, is the circumstance where one party has been pre-paid to deliver a service by another party and then fails to deliver that service. The party who failed to deliver the service is said to have been "unjustly enriched" because they would then have the other party’s payment yet given them nothing of value in return for that payment. So, in this case, the legal argument is nothing more complicated than Activison’s claim that they paid No Doubt in advance to perform promotional services, No Doubt still has Activision’s payment but hasn’t delivered those promotional services to Activision, and therefore No Doubt has been unjustly enriched. Plain and simple.    

  16. Ryoshi says:

    If you bothered to read the actual legal document filed (which isn’t tremendously long and is actually linked at the top of the page) before spouting your comment, you’d see that section 3 of the contract No Doubt signed says that they will do promotional material for the game (sound bytes and such).  They didn’t do that, so it’s "unjust enrichment" that they’re being paid to appear in a game that’s granting them a ton of publicity without them upholding their side of the contract.

  17. jedidethfreak says:

    To reply to you and DarkSaber, it’s "unjust" because they were announced to be in-game, and AFTER that announcement, which spiked their record sales, they try to back out on the agreement by suing Activision.  At least, that’s most likely what the argument will be.

    He was dead when I got here.

  18. Austin_Lewis says:

    Did you not see the part in the complaint where they were saying that No Doubt didn’t fulfill the duties of the contract?  By not promoting the game?  

    Yeah, glad to see you’ve come back to drown us in your stupidity again.

    Hey, check this out:

    From the complaint:

    "No Doubt also agreed to provide services, including marketing services, to promote the "Band Hero" videogame. Even though Activision fully paid No Doubt under the parties’ contract, No Doubt failed and refused to perform the services No Doubt had agreed to provide and otherwise breached its agreement with Activision, including by refusing to perform promotional services. No Doubt furthermore has been unjustly enriched by its wrongful conduct against Activision, including by retaining money paid to the band for services it then refused to provide."

    Huh.  Looks like it’s relevant to me.

  19. Shahab says:

    Or you could be making wild guesses that have no bearing on the actual complaint. In this case they are piling on everything they can and seeing what sticks.

  20. Lou says:

    When any band or group ends up in the press there is also an increase in sales of their records. So there is not much of a difference. And also Activision would have to sue every other band featured in the game as well. It doesn’t make sense.

  21. Austin_Lewis says:

    The promotion could be as simple as the band mentioning the game during live concerts or interviews.  Or it could mean showing up at functions showcasing the game or making ads for it.

  22. DarkSaber says:

    I suppose, although I can’t think of any "Band" or "Hero" games that have actually had featured bands promoting it, apart from Guitar Hero 3 which had the really stupid advert with Slash in it.


    I LIKE the fence. I get 2 groups to laugh at then.

  23. DarkSaber says:

    That’s not really unjust though, after all the games have increased sales because of the bands being in the game.


    I LIKE the fence. I get 2 groups to laugh at then.

  24. Lou says:

    Wich makes me think that Activision is calling a bluff on all this. How can this be "unjust enrichment"? They are asking No Doubt to return the money Activision gave them? On what grounds? No doubt is not asking for more money, they just want their avatars to be able to sing No Doubt songs only. 

    Why Activisdion is demanding their money back all of a sudden? Are they planning to drop the No Doubt Avatars from the game?  I don’t think so.

  25. Austin_Lewis says:

    It sounds like they paid No Doubt for promotions that No Doubt never did, which sounds like unjust enrichment to me.

  26. Drazgal says:

    Bands who are featured in these games tend to have an increase in record sales as well as increased awareness in the public eye.

  27. DarkSaber says:

    "and being unjustly enriched by their inclusion in the game"

    This, of all Activisions claims, has me baffled frankly. How exactly are they supposed to have been unjustly enriched? By getting paid for giving permission? Is Activision trying to claim it is unjust that they have to pay people to get their permission?


    I LIKE the fence. I get 2 groups to laugh at then.

  28. Austin_Lewis says:

    Or they could be saying that they would have considered changing it had No Doubt said something earlier on so that other bands won’t be turned off to the idea of working with Activision on other projects.

    Check out what the Hollywood Rag had to say about it: 

    In an answer and counterclaim filed last week, Activision accuses the band of failing to do its due diligence on the videogame before signing away its digital likeness, breaching a contract to provide marketing and promotion to the game, and being unjustly enriched by their inclusion in the game
  29. sharpshooterbabe says:

    Just like Justin Timberlake going solo from NSYNC.



    "It’s better to be hated for who you are, then be loved for who you are not." – Montgomery Gentry

  30. DarkSaber says:

    Her name is Gwen Stefani, same as it has always been. Her band name is Gwen Stefani, on account of her being a solo artist.


    I LIKE the fence. I get 2 groups to laugh at then.

  31. sharpshooterbabe says:

    What is her new name now or new band name? She reminds me of that artist Lady GaGa…..that’s what she reminds me of….lol…..



    "It’s better to be hated for who you are, then be loved for who you are not." – Montgomery Gentry

  32. DarkSaber says:

    No, they aren’t. They disbanded some years ago when Gwen Stefanis ego demanded she go solo.


    I LIKE the fence. I get 2 groups to laugh at then.

  33. jedidethfreak says:

    There isn’t a Sam Ash around here, and the nearest Guitar Center is fifty miles away, anyway.  It doesn’t matter, as i do all of my own guitar customizing anyway, and I think it would be fun to build my own guitar, like an electronic Lego set, lol.

    He was dead when I got here.

  34. Austin_Lewis says:

    There’s no luthier around you?  Go find your nearest Sam Ash, they tend to have an actual, trained luthier on hand in every one.  Do NOT ask anyone at Guitar Center to work on your guitar, as they have no fucking clue what they’re doing; they’re like the Circuit City of guitar shops.

  35. jedidethfreak says:

    I don’t know about anyone else, but I’m siding with Activision because, well, THEY’RE RIGHT IN THIS PARTICULAR CASE.  The members of No Doubt signed a contract stating they’d promote the game.  They didn’t.  End of story.

    Oh, and I’d call you a stupid fucking retarded-ass gay douchebag all day every day in real life.

    He was dead when I got here.

  36. jedidethfreak says:

    I wanna build me a Warmoth custom Strat, with three Tony Iommi Signature pickups in it.  The problem is that it’s $3000 AND I have to build it myself.

    But the 52 is nice, as well as the Byrdland.  Ted Nuggent plays a Byrdland.

    He was dead when I got here.

  37. Austin_Lewis says:

    Personally, I’m pretty excited for the Gibson Les Paul Tribute 1952, which is modeled after the original Les Paul Gold Top.  I may just get one for myself for Christmas, from ‘Santa’.  I also really like the Zakk Wylde custom, mainly for the pickups.  The Gibson Byrdland is another of those guitars I really enjoy playing, as well as basically every guitar I own from Guild.  Honestly, I find Guild guitars are of a higher quality than Gibson’s, especially when it comes to acoustic guitars and ESPECIALLY the jumbo bodied guitars.  Guild’s got a great reproduction of Brian May’s guitar, and I love the hell out of that guitar.  Speaking of which, apparently Brian May has a doctorate in astrophysics, which is amazing.

    Also, I’ve always wanted a Rickenbacker.  Everytime I find one, I think to myself ‘I’ll come back and look into this more later’, and I never fucking do, and regret it every time.  They play well, and they’re just comfortable to me.  I have one Strat (it’s not custom or anything, but it IS American made), and I have one Tele (a Deluxe Nashville Power Tele), but I’m not too big on Fender.

  38. Austin_Lewis says:

    Surely, I had to google/wiki those things.  I mean, obviously, I can’t know anything about Zakk Wylde or Slash, because it’s not like I grew up listening to them.  And surely, I don’t know about Brendon Small from, you know, the ‘Home Movies’ era.

    You may feel good sitting there attempting to masturbate your ego by believing that I had to wiki those topics, but I already knew about them.  I don’t know too much about Guns N Roses (because, aside from the short time when Slash played for them, they’ve been pretty mediocre), but I know plenty about Slash and Zakk Wylde, because they’re great guitarists whose music I really enjoy. But obviously, because it’s information you don’t know, nobody else can know it, right?  It’s not like anyone knew about Brendon Small before Metalocalypse started airing on Cartoon Network’s ‘Adult Swim’, because no one saw Home Movies, and no one knew about Brendon Small being a graduate of Berklee.  Even better is how you insinuate that because everyone else realizes what a fucking moron you are, that they must be ‘mindless sheep’, when you’re here blindly railing against Activision, even though you can’t seem to wrap your head around the fact that No Doubt decided not to fulfill their part of the contract and do some fucking advertising.  Who’s the mindless one here, jackass?

    What’s best though is that that’s your only defense in this argument.  ‘Oh, well he didn’t know that beforehand’.  What an ingenious attempt at making yourself feel better, and one that’s not even based in reality; it’s based in your moronic assumption that because you didn’t know it, nobody does. 

    You want to talk about ‘ratarded fanboys’, let’s talk about you.  You blindly rail against Activision without reading the complaint, continue to stick to your belief that they’re in the wrong even though it’s fairly obvious that No Doubt never held up their end of the bargain, and then make ridiculous remarks about how the other musicians that show up in Guitar Hero and Rockband games are ‘has-beens’, even though many of those musicians have had huge successes in the last few years.  You may be patting yourself on the back and ‘laughing your ass off’, but the rest of the class is laughing at you, not with you.  The only ‘dumb responses’ on here are yours.

  39. Lou says:

    And you are what I call a Dumb-ass fanboy, just like the inbreed of Austin_Lewis, wich amazes me how much and how long it took him to adress the dethklok and Guns n’ Roses issue (Google and Wikipedia did wonders for him you know) and how he is being adored by the other mindless sheep. But at least he sounded smart this time. 

    We can have a nice discussion about metal bands all nigh if you like But I find it pathtic that all of a sudden you kids are siding with Activision just because you don’t like No Doubt. Wow very mature groups of people you guys are.

    Again I love watching ratarded fanboys blow a gasket over something. It could be in the gaming community, the auto industry, politics or the music industry at the end I am the one laughing my ass off reading dumb responses and you are the one who feels better about your pathetic life because you called somebody a name you wouldn’t even dare to do in real life.

  40. jedidethfreak says:

    My personal favorites are the Peter Frampton Gibson Black Beauty (probably the most beautiful guitar ever sculpted – yes, sculpted, it’s a carved top) and the Eric Clapton Stratocaster.

    And Lou’s an idiot.

    He was dead when I got here.

  41. Austin_Lewis says:

    By the way, Dethklok is a fictional band.  In reality, it’s Brendon Small and Gene Holgan, with other musicians added as needed.  So the group that’s touring live?  Everyone except Brendon and Gene (I believe Brendon does the lead guitar, keyboard, vocals, and electric bass, and Gene is the drummer) is basically there as a filler.  Mike Kenneally and Bryan Beller are simply touring members, not the original ‘Dethklok’ musicians.  But way to be a complete and utter tool.

    Oh, and concerning your statement about people getting custom Gibson guitars made; anyone with the money can get that done.  After Pirates of the Caribbean 1 or 2, they made a custom acoustic six string modeled after the Black Pearl.  It’s a ‘Museum Grade Guitar’, and those run 6,000USD and up.  You can buy many of the Gibson Custom models off the shelf at your local guitar store (Sam Ash is far better than Guitar Center, but they don’t carry as many Gibsons.  They do, however, carry Guild Acoustics from time to time), and own basically the same instrument that Zakk Wylde, Slash, Pete Townsend, and many, many more guitarists play both on stage and in the studio.  I have a basement filled with Gibson Customs, as well as Martins, Taylors, Guilds, a Fender or two, and a few Alvarez for just playing around.  Gibson isn’t the only one to produce custom guitars modeled after those used by big names; I have one of the 5000 Johnny Cash model Martins.

  42. Austin_Lewis says:

    Actually, Gibson sponsors Brendon Small and nearly all of his endeavors.  You know, the guy who does half the voices for Metalocalypse?  Yeah, that guy.  You know, the one who graduated from Berklee College of Music. They also sponsored his show, in exchange for every guitar drawn being a Gibson (the two guitarists in Dethklok play Gibsons, the guitarist for Snakes ‘N barrels played a Gibson, as did Pickles, and even the old blues musician played only Gibson).  They also sponsored Squidbillies, and gave Unknown Hinson a few Gibson guitars.  It’s still a great sponsorship and hard to get.

    The Gibson ‘win an endorsement deal’ is not a new idea.  It’s been done for decades.  They allowed a bunch of local unsigned bands to perform before the headliner, Shinedown, as a means of showcasing local talent.  The group that does the best gets an endorsement deal.  Sometimes they become big names, sometimes they flop.  It’s a big deal to win an endorsement deal from Gibson, and for a band just starting out, it can be their big shot.

    Yeah, Slash is such a has-been.  I mean, Velvet Revolver’s first album only went double-platinum.  That’s absolutely a has-been, when you can only sell two million copies of your album.  By the way, Guns ‘N Roses put out their first album two years after their formation, and about 16 months after being signed.  After 1996, although the group still called itself Guns ‘N Roses, it was basically Axl Rose, which may explain why it took them 15 years to produce an album.  Still, that doesn’t mean Slash is a has-been, it just means he got sick of Axl Rose.

    What products have Slash, ‘Wylder’ (it’s WYLDE you jackass, and it’d lend a bit more credibility to your argument if you knew his name), or Morello sold their faces to?  I can think of a handful of guitar and amplifier ads Slash has done, all of them for high-quality gear, Gibson, Guild, Marshall, the like.  Same goes for Zakk Wylde, except he also did his own ‘learn to play’ video, sponsored by Epiphone and Marshall.  I can’t think of any for Morello except for an old Fender ad.  What whores, let me tell you.

    Now, let’s look at No Doubt’s only successful member, Gwen Stefani.  Upon leaving No Doubt due to her immense ego, she went from being a mediocre singer to a ‘rapper’ designed by marketing.  She jumped on bandwagons left and right on the advice of her marketing team, changing from ‘pop/ska/alternative’ to ‘j-pop/rap/garbage’, seeking to connect with the same groups that like rap and hello-kitty.  Man, talk about whores.  She also began acting the way that her marketing group told her, including using phrases like ‘Super Kawaii’ in public to try to connect with the aforementioned retard demographics.  Basically, she became the female rapper equivalent of Green Day, except I don’t think she ever pretended to be bisexual, and I believe she at least sang her songs live (which can’t be said for Green Day).

    Personally, I’m not a huge Morello fan, and I like Wylde and Slash pretty well.  But the stupidity of your statements is mind boggling.

    Also, the Kiss army is batshit crazy.  But they’re nowhere near as over-marketed as Green Day.

  43. Lou says:

    Wow a deal With Gibson guitars.

    Let’s see who else has or had a Gibson Guitar deal. Oh yeah how about Dethklok one of my favotrite metal bands. Oh let’s not forget that Gibson recerntly has a contest where you can WIN an endorsement deal. Sooooo how much value you shoud put to an endorsement deal with one of the largest guitar manufactorers in the world? Substantial but nothing out of the ordinary. It’s not too hard to get a sponsorship deal, hell the show "Trucks" from Powerblock TV got two and I repeat "TWO" custom one-off guitars made for two popular projects.

    You are defending a bunch of has-beens just because they are going on tour again to re-live their glory days. How long did it took Guns n’ Roses to release an Aldum.. Oh yeah 10 freaking years, they alsmost pulled a Duken Nukem Forever on their fans. And I’m not gonna start with the feud between Axl Rose and Slash.

    Now let’s get this straight, Slash Wylder and Morello are great performers but they are attention whores who have sold their faces to multiple products during their careers and they’re not exactly "Model Citizens". As for No Doubt (group wise) I don’t care about them, Never liked their songs and Gwen’s retarded song Hollaback Girl makes my skin burn.

    I love watching fanboys blow a gasket over their favorite has-been bands. Specially Kiss (By far the most over-marketed band ever) fans. Heck I prefer 10 Guns n’ Roses fans over a single Kiss fan.

  44. DarkSaber says:


    Lou, you are so stupid it gave me cancer.


    I LIKE the fence. I get 2 groups to laugh at then.

  45. Austin_Lewis says:

    Are you fucking retarded?  Wylde, Morello and Slash are has-beens? If they’re has-beens, No Doubt is most DEFINITELY a band of has-beens.

    Zakk Wylde, a few years back, got sponsorship from GIBSON GUITARS, a big deal sponsorship for any guitarist.  They began producing his guitar, a Gibson Les Paul Custom with a bulls-eye paint job, and in return added him to the sponsor list.  His Black Label Society will probably begin touring soon, as he and Ozzy Osbourne have just recently parted ways, after touring for the last decade or so together on and off.  Oh, and Wylde showed up at nearly every Ozzfest concert ever.  Yeah, what a has-been.

    Slash has also been on the ball.  He received a sponsorship from GIBSON GUITARS as well, and actually played a Gibson-sponsored show with Zakk Wylde, where they played Hendrix’s ‘Voodoo Child’.  Since leaving Gun’s N Roses (which was a great decision, as Axel Rose is garbage these days), he formed and left Velvet Revolvers, another band that had a good deal of success.  Now he’s working on releasing his solo album.  Oh, and Gibson just started selling a Slash Les Paul Custom.  Also, he was listed as #2 in Time Magazines ’10 best electric guitarists’ article.  Oh man, what a has-been.

    As for Tom Morello, I don’t know as much about him.  But I do know that Rage Against the Machine is touring again, and he’s their guitarist, and far better than any guitarist for no doubt.  What a has-been.

    Now, let’s look at No Doubt.  They hadn’t been a band for five year, during which the only one of the members of the band who had any modicum of success was Gwen Stefani, who began singing mediocre rap songs, dressing like a whore in music videos, and overall whoring herself for money.  The rest of the band have done nothing of worth. 

    So who are the has-beens again?



  46. Ryoshi says:

    Uh, if you bothered reading the linked complaint, it actually seems pretty open-and-shut in Activision’s favor.  The contract is included as an exhibit and it’s clear that No Doubt does not have a leg to stand on.

  47. TaoJeannes says:

    This will be dismissed. It’s a typical cheap lawyer trick. They know even as they file it it has a 99% of failure. It costs almost no extra money to file a countersuit, so why not? 

  48. Lou says:

    Does any of those people even care about things like that?


    Slash, Morello and Wyle are a bunch of has-beens who have sold their souls like cheap prostitutes during their whole careers. Maybe No Doubt doesn’t want their avatars to be singing other songs. Maybe they have enough respect for other artists. Rock Band and EA did it with their Lego series so why not Activision and Band Hero?

  49. hellfire7885 says:

    Did Slash sue when Activision allowed his avatar to be used ot play songs that weren’t by Guns’n’Roses or Velvet Revolver? No. Did Tom Morello sue when players could use his likeness to play non-Rise Agaisnt songs? No. Did Zakk Wylde sue because people could make a virtual him play songs he never played? No.

    Activision just isn’t giving them special treatment.

  50. sharpshooterbabe says:

    Unfortunately, yes. They have some crappy music now.



    "It’s better to be hated for who you are, then be loved for who you are not." – Montgomery Gentry

  51. DarkSaber says:

    Only if you take their word for it. If they said black was white would they be in the right?


    I LIKE the fence. I get 2 groups to laugh at then.

  52. Torven says:


    From the complaint:

    "No Doubt also agreed to provide services, including marketing services, to promote the "Band Hero" videogame. Even though Activision fully paid No Doubt under the parties’ contract, No Doubt failed and refused to perform the services No Doubt had agreed to provide and otherwise breached its agreement with Activision, including by refusing to perform promotional services. No Doubt furthermore has been unjustly enriched by its wrongful conduct against Activision, including by retaining money paid to the band for services it then refused to provide."





  53. nighstalker160 says:

    I’m a little curious about the unjust enrichment part of this suit.

    Usually unjust enrichment applies when someone is getting paid twice.

    For example:

    You have 6 months on a lease but leave after 3. The landlord is only allowed to sue you for rent if he can show he tried to rent the place and was unable.

    If he rents to someone else for those last 3 months he can’t get back rent from you since he’d be getting paid for the same thing twice.

    What actually is Activison arguing is the unjust enrichment here?

  54. Lou says:

    Highly doubtful this is a similar case. On Cobain’s case there was no agreement on the contract that his Avatar would only play Nirvana songs. To me this sounds like Activision ACTUALLY screwed up big time and now they are looking for an excuse to get off the hook. It sounds fishy that sll of a sudden Activision is claiming that No Doubt requested this "at the last minute". The way Activision is wording their lawsuit it makes it sound like they are calling bluff to scare the band and force them to call off their case against Activision.

  55. Magic says:

    It sounds much like Courtney Love’s case for the use of Cobain – they all signed the agreement and didn’t realise what this part of the contract entailed. They have my sympathy but Activision are not at fault.

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