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No Doubt Sues Activision Over General-Purpose Band Hero Avatars
by Chris Remo
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November 4, 2009
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Members of the band No Doubt aren't pleased that their virtual Band Hero avatars can be made to perform songs by other musical artists, and the group is suing publisher Activision for breach of contract and fraudulent inducement.
No Doubt's action marks the second time in the last few months Activision has drawn ire for its virtual performing artists. Kurt Cobain's widow Courtney Love, as well as Cobain's Nirvana bandmates Krist Novoselic and Dave Grohl, independently released statements condemning Guitar Hero 5's inclusion of an all-purpose Cobain avatar.
No Doubt -- which consists of Gwen Stefani, Tony Kanal, Adrian Young, and Tom Dumont -- alleges that it gave permission for its avatars to specifically perform three No Doubt songs in Band Hero, the group said in a statement delivered to Rolling Stone, but that, "without the band's knowledge or approval, Activision turned the group into virtual karaoke players by having them perform over 60 additional songs by other musical groups."
"Despite repeated requests by the band that Activision honor its contract," the statement continues, "Activision has refused, claiming the necessary fix would be too expensive."
For its part, Activision claims it has acted within the terms of its legal contract with No Doubt.
"Activision has a written agreement to use No Doubt in Band Hero -- an agreement signed by No Doubt after extensive negotiations with its representatives, who collectively have decades of experience in the entertainment industry," the publisher said in its own statement. "Pursuant to that agreement, Activision worked with No Doubt and the band's management in developing Band Hero."
The company added that it is "exploring its own legal options with respect to No Doubt’s obligations under the agreement."
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Why don't they just release more "good" music.
*Grumble*
@Carlo - In a way, yes, suing someone for breach of contract can easily be motivated by greed. Note that even if Activision are in the wrong, in some circumstances it may apply enough pressure in terms of negative publicity etc to get them to change their minds, or pay out a silencer.
And - let's be honest here - there's just no way Activision are going to be in the wrong in this situation.
Maybe you should re-read it where Activision says they followed what was stipulated in the agreement. Here, I'll quote for you:
"Activision has a written agreement to use No Doubt in Band Hero -- an agreement signed by No Doubt after extensive negotiations with its representatives, who collectively have decades of experience in the entertainment industry," the publisher said in its own statement. "Pursuant to that agreement, Activision worked with No Doubt and the band's management in developing Band Hero."
Activision is cash rich so $1 is too expensive if they don't directly benefit.
@ Raigan, EXACTLY why not let us see the contract, great way to get public support which with entertainment may be more powerful.
Think about how upset an artists must be to condem a vehicle that gains them additional revenue and exposure of thier music, is it really about greed??? Don't think there will be a second "no doubt" deal, do you? It is about activsion taking a brand and using it to thier wims. Stick to the deal and there would not have been an issue.
Right now all we have to go on right now are PR statements from both parties but some of the comments sound like "villagers with pitchforks at the ready" ready to cry "greed" as the sole motivator for filing a suit.
In spite of the fact that studios like Neversoft (Guitar Hero devs) obviously have several years of experience recreating real-life peoples' likenesses in video games (see all of their Tony Hawk games) - comparing pro skateboarders and actual millionaire rock stars is kinda apples and oranges.
@ Richard, we have no idea how many lines of codes it would take to disable those avatars from the rest of the game. People today have all of the expectactions of programmers that they used to have of magicians and none of the reverence. It is never as simple as changing "five lines of code".