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This type of petty litigation often backfires. It is similar to the Monster Cable fiasco in which they went after any company that used the word Monster in there name. This spawned a huge boycott. I personally will never buy another Monster Cable product and there are tons of people who feel the same way.

Well that's a bit of a generalisation - often its the only way a company can protect their products from imitators - think of it like sampling illegally which a lot of people on this site seem to abhor. Its a bit silly to suggest companies cannot protect their copyright - or if they do they should be boycotted. Yet you probably expect your tunes to be protected from people coming along and saying they wrote them. Again you have to look more closely at the motives of companies who seek to infringe copyrights - they are not innocent and they do it deliberately. So why you would immediately support them and boycott the company who they are trying to rip off?

Guitar Gaz wrote:Well that's a bit of a generalisation - often its the only way a company can protect their products from imitators - think of it like sampling illegally which a lot of people on this site seem to abhor. Its a bit silly to suggest companies cannot protect their copyright - or if they do they should be boycotted. Yet you probably expect your tunes to be protected from people coming along and saying they wrote them. Again you have to look more closely at the motives of companies who seek to infringe copyrights - they are not innocent and they do it deliberately. So why you would immediately support them and boycott the company who they are trying to rip off?

You obviously missed my point, I did use the word "Petty" at the start. The Monster situation I feel is an example of this. Imagine if the company that invented the first typewriter started sewing all of the computer companies for using QWERTY keyboards to input data. In my opinion trying to lay claim to a common word like "Monster" is ridiculous. Many of the companies they went after probably never even heard of Monster Cable as they had nothing to do with audio, example monster.com, Monster Garage.

I fully understand a company or an individual protecting their intellectual property but there are limits. In my opinion Monster Cable went waaaayyy over the line.

Yes - I didn't know the detail on that - just think Apple Corps and Apple Computers - whats in a name?

I think the main point to this particular post, and the reason this particular legal maneuver by Gibson seems so silly is because Guitar Hero already has a license to use the likeness of Gibson guitars in the game. Given that, I don't see how this will not be thrown out of court on day one.

Seems like we're discussing two separate topics:

1. Gibson's patent infringement claim for the interactive game concept itelf; and

2. Licensing of Gibson Guitars for use by Activision in Guitar Hero.

These are two separate things and, from a legal standpoint, they are distinct.

We don't know what the companies' existing deal(s) or arrangements are/were with respect to licensing, if any. It's entirely possible that their relationship went sour on the licensing side so this case was filed. Word on the street is that Activision has the upper hand in the patent suit. But most cases settle. Perhaps Activision screwed Gibson on the licensing deal and Gibson is trying to recover a little over here. Perhaps Gibson thinks Activision benefited from using the Gibson brand's "goodwill" to sell video games and then Activision refused to renew the Gibson license knowing that Activision no longer needed the Gibson brand name to sell video games. By all accounts, Guitar Hero is now a big boy and a commercial success in its own right. Anything could have happened behind the scenes. We don't know. So, IMHO, none of it means Gibson sucks or Activision sucks. With companies of this size, this lawsuit is about money...possibly ego but most likely money.

Given an opportunity to investigate, I suspect we'd find that they both suck.

Having had a pop at Guitar Hero of course now my youngest daughter wants it for her birthday - if you can't beat em join em I suppose. Sorry Gibson - I have 2 of your guitars but I'm doing this for my kids - I'm sure you'll understand.....

Their goons probably already have your name and address and are heading that way right now.

G G's Gibsons hired GOONS

Mmmm name of a band maybe....