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.

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Comments

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

Submitted by CyberSkull on Wed, 02/16/2011 - 23:17.

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 ...

Submitted by mattchew86 on Wed, 02/16/2011 - 15:17.

But I thought No Doubt already was a circus act?

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

Submitted by Defenestrator on Wed, 02/16/2011 - 14:52.

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 ...

Submitted by killatia on Wed, 02/16/2011 - 12:46.

I hope acti loses this one.

http://www.magicinkgaming.com/

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

Submitted by greevar on Wed, 02/16/2011 - 10:10.

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

-Greevar

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

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

Submitted by Adaptor on Wed, 02/16/2011 - 09:16.

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

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

Submitted by MonkeyPeaches on Wed, 02/16/2011 - 16:10.

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

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

Submitted by Neeneko on Wed, 02/16/2011 - 09:30.

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 ...

Submitted by MechaTama31 on Wed, 02/16/2011 - 00:09.

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 ...

Submitted by Neeneko on Wed, 02/16/2011 - 09:29.

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 ...

Submitted by hellfire7885 on Tue, 02/15/2011 - 23:11.

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 ...

Submitted by Pvt. Jackass on Wed, 02/16/2011 - 01:50.

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 ...

Submitted by hellfire7885 on Wed, 02/16/2011 - 14:26.

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.

Poll

Shout box

E. Zachary Knight: If the videos are of sufficient quality that people subscribe and watch regularly, then those let's players are providing a service that people want. That is the heart of capitalism. That is not something that should be shamed.05/17/2013 - 8:06am

E. Zachary Knight: I have no idea who either of those people are. However, I still don't see why making a business out of creating let's play videos is somehow evil or wrong.05/17/2013 - 8:04am

MaskedPixelante: It sure is if you're just doing it for the money. See Tobuscus and/or Pewdiepie for what happens when people get into it just for the money.05/17/2013 - 7:30am

E. Zachary Knight: Why is it wrong to make money doing LPs? Why should that be something that should be shamed?05/17/2013 - 6:20am

MaskedPixelante: https://twitter.com/PsychedelicSA/status/335183893214924801 Now here's an interesting, glass half full thought about the Nintendo LP thing. It outs the people who are just doing LPs to make money.05/17/2013 - 5:56am

E. Zachary Knight: I responded in writing to all this "let's play" stuff Nintendo Started. No need for my permission, I won't give it. It's not mine to give. http://divineknightgaming.com/?p=29205/16/2013 - 2:21pm

E. Zachary Knight: Lars Doucet of Levelup Labs has a Reddit going on game companies that allow monetization of Let's Play videos. http://www.reddit.com/r/Games/comments/1egayn/lets_build_a_list_of_game_studios_that_allow/05/16/2013 - 1:04pm

Sleaker: @Imautobot - yah I wouldn't use an emulator as a good first run test of how stable the console is, haha.05/16/2013 - 11:47am

E. Zachary Knight: The 50th person to jump off a bridge is just as dumb if not dumber than the 1st.05/16/2013 - 10:03am

MaskedPixelante: Yeah, let's all jump on Nintendo for doing this, even though they're hardly the first company to do this...05/16/2013 - 9:47am

E. Zachary Knight: Wow Nintendo, this is wrong. http://kotaku.com/nintendo-forcing-ads-on-some-youtube-lets-play-video-50709238305/16/2013 - 8:44am

Imautobot: @Sleaker, further gameplay has revealed that the controller button do stick under the faceplate. Also, The NES emulator (Emuya)keeps crashing on me, though I think a bad ROM is causing it.05/16/2013 - 7:10am

Papa Midnight: AE: I wonder if any other publishers will follow suit.05/15/2013 - 8:12pm

Andrew Eisen: EA is ditching Online Pass. http://venturebeat.com/2013/05/15/ea-kills-its-controversial-online-pass-program/05/15/2013 - 7:20pm

Avalongod: @Zach and quicnkold...I've read the bill and the intent of it is to fear-monger. It's not a balanced message. I don't recall the ESRB being mentioned at all. It's more "keeps your kids away from these movies/games or they'll become violent"05/15/2013 - 4:35pm

E. Zachary Knight: quiknkold, The big problem with that legislation is the amount of misinformation out there. Who is going to ensure that the information in the pamphlet is accurate?05/15/2013 - 3:25pm

quiknkold: REBeardogg : I'm on the fence about this. on one side, I want parents to be aware of the ESRB, and even Movie Ratings. On the other hand, I feel this will be used for nothing but Propaganda. The ESRB does a good job.05/15/2013 - 3:07pm

IanC: Frostbite is coming out on iOS devices. Yet the Wii U cant handle it? *coughbullshitcough*05/15/2013 - 2:31pm

BearDogg-X: http://www.politickernj.com/65515/lesniak-ruiz-bill-limit-children-s-exposure-media-violence-clears-senate - Bill requiring schools to publish pamphlets with anti-fake media "violence" propaganda clears NJ Senate05/15/2013 - 2:03pm

quiknkold: I am thinking of writing a musical about videogames, violence, and the first amendment. Would need a collaborator though and would kickstart it after the script is written. was thinking off broadway.05/15/2013 - 2:00pm

All shouts

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