To put it in simple words, Gibson Guitars sues everyone, without discrimination: Guitar Hero, Rock Band, Harmonix, MTV, Electronic Arts, Wal-Mart, Viacom, K-Mart, major game retailers and possibly, your grandma. What has started as a rant followed by a suit file threat against Activision (Guitar Hero) is now being continued with Rock Band.

At the heart of things: the fact that both games have used and are still using graphic depictions of guitars whose shapes have been patented by Gibson: the SG, Les Paul and Flying V, iconic guitars in the history of music.


So far, so good, you could say, Gibson have all the rights to do this, because they've created those guitars. Well, there are quite a lot of things which follow; first of all, it's the huge success of these games (Guitar Hero and Rock Band), which comes with increased odds that someone should also want a piece of the cake.

Then it's the fact that Guitar Hero (Activision) has been using the "patented" graphic depictions in a very physical shape for more than three years, and during this time Gibson were not that eager to sue them (if you get my meaning); why, because they were not that sure that GH will be such a blow, if you ask me.

Third, but far from the last, the upcoming Rock Band release from Harmonix and MTV is expected to kick a** like GH did, and therefore, it's a cow which can be milked right from the start. And since Activision have blocked Gibson from asking mind-boggling damages, but have agreed to license the rights to model the controllers, it's expected that the same thing should happen with Rock Band as well.

Now it's clear why Gibson isn't suing ALL game retailers and is headed only towards those with whom they have no business agreements: they simply want their piece of the cake, given the already achieved success of the Guitar Hero and the expected popularity Rock Band will gain (especially with MTV as a promoter).

Yet, one thing comes out from a Harmonix official statement: "Gibson's patent, filed nearly 10 years ago, required a 3D display, a real musical instrument and a recording of a concert. Rock Band and Guitar Hero are completely different: among other things they are games, require no headset and use a controller only shaped like a real instrument. It is unfortunate that Gibson unfairly desires to share in the tremendous success enjoyed by the developers of Rock Band and Guitar Hero." In the end, I wonder what will happen should Fender decide to sue every guitar manufacturer to have ever come close to the Stratocaster shape...

To end with a terribly funny remark from Peter Kirn of Create Digital Music... will we see "Lawsuit Hero" soon?

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