14 DAY TRIAL // A while ago, Gibson announced that it was filling a lawsuit against Activision in regard to Guitar Hero and the way it simulated a music performance. Gibson maintained that Activision was infringing on one of its patents regarding "technology used to simulate a musical performance" and that Activision refused to enter any negotiation regarding the use of that patent. Activision quickly launched a countersuit in which it attacked Gibson's claims on the basis that the patent itself hadn't been used for more that 3 years.
The guitar making company has recently enlarged the scope of the suit to also include retailers that sold Guitar Hero and said that the company "is required to protect its intellectual property and will continue to do so against any other person in accordance with the law and its rights" and that the suit against retailers was filled "reluctantly" and would be settled after the main issue with Activision was resolved.
Now, Harmonix and MTV, as developer and publisher of the Rock Band music game, are also targeted. The same patent invoked in the Activision suit is used as a base for legal action against the firms. Gibson says "Gibson Guitar had made good faith efforts to enter into a patent license agreement with the defendants in this case. The defendants have not responded in a timely manner with an intent to enter into negotiations for a patent license agreement. Gibson Guitar had no alternative but to bring the suit, and it will continue to protect its intellectual property rights against any and all infringing persons." At this rate any developer and publisher of a music related game should start putting aside some money for the moment the inevitable Gibson lawsuit hits.
It isn't clear whether Gibson is actually interested in preserving its "technology used to simulate a musical performance" patent, which is way too general if you ask me, or he is just looking for a settlement that would include a share of the profit made by Guitar Hero and Rock Band.