Appeals Court Rules: No Doubt Lawsuit Against Activision Can Proceed

February 15, 2011 -

The Los Angeles Times reports that Activision has lost its bid to get a lawsuit filed by ska-rockers No Doubt thrown out. A three-judge panel rejected the company's motion to throw out the 2009 lawsuit that alleged breach of contract.

The group contends that the breach occurred when Activision allowed players of Band Hero to use band members' avatars to "perform songs they did not write." The band said in its lawsuit that this "transformed No Doubt band members into a virtual karaoke circus act."

In its appeal of the suit, Activision said that it was simply a matter of "creative expression." The three-judge panel apparently disagreed.

No Doubt can now proceed with its lawsuit.


Comments

Re: Appeals Court Rules: No Doubt Lawsuit Against ...

I'm wondering if No Doubt is worried that their in-game avatars performing another artist's songs could be construed as an unauthorized performance and they could be on the hook for licensing fees for said performance?

Re: Appeals Court Rules: No Doubt Lawsuit Against ...

 But I thought No Doubt already was a circus act?  

Re: Appeals Court Rules: No Doubt Lawsuit Against ...

Yeah...because when Gwen Stefani sings "Ring of Fire" in real life she miraculously sounds like Johnny Cash.  It's quite a spectacle you need to see in concert.

(EDIT:  this was meant as a reply to Greevar...but I failed at button clicking)

Re: Appeals Court Rules: No Doubt Lawsuit Against ...

Re: Appeals Court Rules: No Doubt Lawsuit Against ...

Right, because no band ever performs another group's songs in live concert ever.

-Greevar

-Greevar

"Paste superficially profound, but utterly meaningless quotation here."

Re: Appeals Court Rules: No Doubt Lawsuit Against ...

Is virtual karaoke circus act that much of an insult to No Doubt?

Re: Appeals Court Rules: No Doubt Lawsuit Against ...

Nope, No Doubt is an insult to virtual karaoke circus acts. 

Re: Appeals Court Rules: No Doubt Lawsuit Against ...

Probably less an 'insult' and more a 'we gave you permission to use our assets for X and Y, but not Z.. you used them for Z, now we are annoyed'

Re: Appeals Court Rules: No Doubt Lawsuit Against ...

I just want to know what rock No Doubt was living under, that it came as any surprise to them.  Had they really never seen a (whatever) Hero game before?

Re: Appeals Court Rules: No Doubt Lawsuit Against ...

I think it all comes down to what was in that contract.  If they gave persmission for use of their assets in specific ways and did not give it in others, then regardless of what else has been put into the game, Activision would not have had permission to do so.

When dealing with stuff like this it is not unusual to put in artist-specific code branches.

Re: Appeals Court Rules: No Doubt Lawsuit Against ...

Activision is already retirign the Guitar Hero serie,s os, not liek they're doing any real damage other than financial.

 

Re: Appeals Court Rules: No Doubt Lawsuit Against ...

Nah, even if the Guitar Hero series continues it won't be doing much either. Not like people are going to stop playing the game just because they used someone's likeness without official paperwork.

Even if No Doubt fans somehow "boycotts" the game, it won't last long either, see: Modern Warfare 2. 

Re: Appeals Court Rules: No Doubt Lawsuit Against ...

Honestly ,even if I was still a fan of them I wouldn't boycott the game, I'd get it because I'd think being able to play as a favorite rock star is a selling point.

 
Forgot your password?
Username :
Password :

Poll

Will Target Australia sell the next GTA game upon its release?:

Shout box

You're not permitted to post shouts.
Andrew EisenI told Sega if it releases Yakuza 1&2 HD and Yakuza 5 in North America, I'll buy them. So far, they don't seem to be swayed.07/31/2015 - 5:11pm
Craig R.Too many gamers were harassing and abusing long before Baldwin decided to 'legitimize' the lunatic fringe, but that term certainly made the lunatics easier to pick out of the crowd07/31/2015 - 4:58pm
Craig R.Which is why the entire GG crowd looks like a giant bad egg07/31/2015 - 4:55pm
Craig R.Irony: the people who are feeling hostility toward their 'gamer' identity are often those who are most hostile to everybody else07/31/2015 - 4:55pm
Andrew EisenIt's not about gamers at all, it's discussing the harassment and abuse that Sarkeesian and Quinn had suffered. So yeah, not a great title but not an attack on gamers either.07/31/2015 - 4:48pm
Andrew EisenI agree than many of the titles are kinda bunk though. For example, Ars Technia's "The death of the 'gamers' and the women who 'killed' them" doesn't really work for the article.07/31/2015 - 4:47pm
Andrew EisenAnd I still don't see how articles like Polygon's "An awful week to care about video games" can be construed as an attack.07/31/2015 - 4:25pm
Andrew Eisen18 total? I've seen several lists and the total has never been above 14. The most popular collection seems to be 9 on Aug. 28 then three more on Aug. 29, Sep. 2 and Sep. 3.07/31/2015 - 4:24pm
Infophile@Goth_Skunk: Your distaste for TMS is noted and given exactly the respect it deserves. The fact that you don't like a site doesn't mean they can't be right. In the linked article, they are.07/31/2015 - 4:06pm
Goth_SkunkAnd the worst volleys are the ones being fired by the kind of people who should be standing up and saying 'Hey! This isn't cool! Stop that!'07/31/2015 - 4:05pm
Goth_SkunkNow let's come full circle: One such confrontationally titled article is easy to dismiss. Within a day, nine similarly titled articles are written. Within 4 more days, nine more articles are written. This can't be ignored. This is a blatant attack.07/31/2015 - 4:04pm
Andrew EisenAnd that's totally fine. I too often skip articles and videos based solely on an unappealing title.07/31/2015 - 3:56pm
Goth_SkunkPersonally, I would not waste time reading an article with such a blatantly confrontational title.07/31/2015 - 3:52pm
Andrew EisenGoth - Depends on how the article was written and what it actually said.07/31/2015 - 3:49pm
Goth_SkunkThis is like going fishing and castign a HUGE net that captures tuna, dolphins, sharks, cod, and salmon when all you really want to capture are clownfish.07/31/2015 - 3:48pm
Andrew EisenPerm - If the specific make and model are made clear, I have no problem with the article saving space by refering to them as "these cars" or whatever.07/31/2015 - 3:47pm
Goth_Skunk... Hasbro's widening horizons..." would it not make sense that some would object there is no distinction being made between a reactionary brony and a stable-minded brony?07/31/2015 - 3:47pm
Big PermCars are being recalled because they explode. Editors Note at the end: Not all cars, only this specific make and model07/31/2015 - 3:46pm
Andrew EisenI still feel it was clear that they were admonishing a particular and very specific type of gamer. It's why I had no problem with any of the articles (especially since about half of them weren't really about "gamers" anyway).07/31/2015 - 3:45pm
Goth_Skunk@Andrew: If a columnist had written a "Bronies Are Dead" article, but in the article stated: "Note: I'm not talking about every guy who watches MLP or who self-identifies as a brony, just the type of reactionary holdouts that feel so threatened by..."07/31/2015 - 3:45pm
 

Be Heard - Contact Your Politician