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

Which group is more ethically challenged?:

Shout box

You're not permitted to post shouts.
MastermuneWasn't the Zero Escape series more popular here than in Japan?07/03/2015 - 6:19pm
Matthew Wilson@mast given the game was revealed in the US, I wouldnt be shocked if it was released at the same time.07/03/2015 - 6:15pm
MastermuneI don't trust the big AAA worldwide simultaneous releases though.07/03/2015 - 5:57pm
Mastermune@Infophile I have come to the conclusion that smaller games like zero escape, JRPG's and the like are actually worth preordering sinc they are limited quantities and since they usually release in japan first we know if there are any issues.07/03/2015 - 5:56pm
Infophile@Matthew! Awesome news. I'd preorder on that shout alone if I didn't have a policy against preordering anymore.07/03/2015 - 5:16pm
Matthew Wilsonzero escape 3 was announced today.07/03/2015 - 4:21pm
Matthew Wilson@pnx I am guessing a ddoss since that is what happened to neogaf, but sony needs to do a investment in psn as a whole. steam is still the most reliable and fastest digital platform I use.07/03/2015 - 3:06pm
PHX Corphttp://www.vg247.com/2015/07/03/psn-is-down-sony-investigating/ not again: PSN is down, Sony investigating07/03/2015 - 3:04pm
Matthew Wilsonhttp://www.vg247.com/2015/07/03/digital-extremes-trespasser-keystone-pc/ if true, this is funny and embarrassing for Digital Extremes. companies need too have better security.07/03/2015 - 2:57pm
Matthew Wilsonhttp://www.gamespot.com/videos/the-point-destiny-the-hardcore-gamers-slot-machine/2300-6425852/ this is very good, and well researched.07/03/2015 - 12:41pm
InfophileOther features to become standard: The ability to remap controls however the hell I want. Quicksave at any time (especially for handheld and mobile games). Plus everything Andrew said07/03/2015 - 10:43am
InfophileRegion-freeing becomes tricky for games with a strong online component though, especially when the servers are run by different branches in different regions.07/03/2015 - 10:41am
InfophileI'm in favor of getting rid of region-locking for any purchased games. I can understand an exception for free, ad-supported games, as many ads are only relevant in certain regions, and it's a ridiculous hassle to get ads for all regions.07/03/2015 - 10:40am
PHX Corphttp://kotaku.com/payday-2-has-been-broken-on-xbox-one-for-three-weeks-1715384186 Payday 2 Has Been Broken On Xbox One For Three Weeks07/03/2015 - 8:44am
Matthew Wilsonhttps://www.reddit.com/r/OutOfTheLoop/comments/3bxduw/why_was_riama_along_with_a_number_of_other_large/ here is a more complete acount of whats going on.07/03/2015 - 1:32am
Matthew Wilsonredit is on fire right now. most subreddits have been set to private.07/03/2015 - 1:24am
MattsworknameYou know andrew, those are actualy rock solid ideas, I woudl like those features a bunch ,especially with games that a cut scene heavly. looking at you kojima!07/03/2015 - 1:18am
Andrew EisenActually, "things I'd like to see become standard in video games" ain't a bad idea for one of my future YouTube videos.07/03/2015 - 1:05am
Andrew EisenYou know what I'd really like to see become standard? The ability to pause cutscenes. Rewind and skip (with "Are you sure?") would be nice too. Oh, and maybe display the duration of the cutscene when it's paused.07/03/2015 - 1:03am
Mattsworknameonly reason to do region locking now is to be dicks your consumer base. Granted, we see that ALOT these days07/03/2015 - 12:48am
 

Be Heard - Contact Your Politician