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 :

Shout box

You're not permitted to post shouts.
InfophileWhich is to say, GG isn't people writing articles about GG; it's the swarm of people lashing out. That's still going on, even if not as many articles are being written about it05/03/2015 - 7:32am
InfophileIt's not about the articles, but about the people receiving threats. Found an article from just last week which says Zoe Quinn is still receiving daily threats: http://www.bostonmagazine.com/news/article/2015/04/28/gamergate/05/03/2015 - 7:31am
Mattsworknameup hating the game industry on a more general level .05/03/2015 - 7:25am
MattsworknameIts funny, you know what i just realized, I love video games, and I hate the industry that has been forged around them. I hate the big name publishers, the press, all that jazz. But I still love gaming. that kinda sucks that I love games and still wind05/03/2015 - 7:25am
MattsworknameIt's like teh whole thing just went quiet.05/03/2015 - 6:28am
MattsworknameInfophile, I haven't really seen much activity either way, other then a few minor articles here or there, its like GG just sorta went dormant. I dont deny that I have some concerns with gaming press and industry, but I followed GG the last few months05/03/2015 - 6:28am
Infophile@Mattsworkname: It's more of a case that many media outlets have lost interest in their usual actions. "GamerGate still viciously harassing Zoe Quinn" isn't exactly news. Even if they are. *puts on sea lion hunting gear* Come at me, GG! I dare ya!05/03/2015 - 4:40am
MattsworknameAs much a I have some of the same concerns GG supposibly crusades against, i was really under the impression GG had sorta gone into dormantcy , it had been kinda quiet the last feww months05/02/2015 - 7:42pm
Matthew Wilsonhttps://www.youtube.com/watch?v=3bxcc3SM_KA if you guys haven't seen it, john oliver goes after patent trolls.05/02/2015 - 6:50pm
Matthew Wilsonwhile I dont like the guests, who ever did this is stupid. I can understand not liking GG, but come on.05/02/2015 - 6:17pm
Wonderkarpwell how about that shi.....poop05/02/2015 - 6:07pm
Andrew EisenKotaku caught it. Ran the story an hour ago. http://kotaku.com/gamergate-meetup-evacuated-after-apparent-threat-170176164505/02/2015 - 5:36pm
Wonderkarpevent was treading pretty hardcore on twitter last night. course thats just twitter. I'll agree with you if it does get reported05/02/2015 - 5:25pm
Andrew EisenAwkward wording on my part but "event" was referring to the bomb threat. It's silly to chastise mainstream press for not covering something that happened a mere 12 hours earlier, well after close of business on Friday, at a gathering very few knew about.05/02/2015 - 5:14pm
Wonderkarpthey arent "uppity" over the event not being covered. they are uppity over the harassment/bombthreats not being reported.05/02/2015 - 5:09pm
Andrew EisenWe've known that for quite a while now but I agree, completely cutting the feature is not a good move.05/02/2015 - 3:49pm
Matthew Wilsonhttp://www.vg247.com/2015/05/02/splatoon-multiplayer-online-shooter-wii-u/ excuse my language, but I call bullcrap. enough with this crap Nintendo its stupid.05/02/2015 - 3:27pm
Andrew EisenKarp - Thanks for the heads up. Passed it on to James. I love how the article is all uppity about the mainstream press not covering an event that no one knew about that happened late Friday night after we all went home for the weekend.05/02/2015 - 2:06pm
ZippyDSMleeSo far FOTNS:Kens rage 2 is okay, I really like the retelling of stuff in KR 1 need to get more scrools to see how bad the new scroll equip system is.I think the other system(where you equipped skills and spent karma on leveling) might have been deeper.05/02/2015 - 12:20pm
WonderkarpI know I said I wasnt going to come here anymore. But this needs to be reported on. Peacefull GamerGate in DC Meetup Recieves False Bomb Threats. http://nichegamer.com/2015/05/peaceful-gamergate-in-d-c-meetup-receives-false-bomb-threats/05/02/2015 - 12:10pm
 

Be Heard - Contact Your Politician