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Gibson Guitar Hero Case Thrown Out
A court has thrown out Gibson Guitar's suit against Activision that claimed the game maker infringed on music-related patents with the Guitar Hero series.
Gibson claimed last year that Activision infringed on U.S. Patent 5,990,405, titled "System and method for generating and controlling a simulated musical concert experience." The patent describes an invention where a user wears a head-mounted 3D display and stereo speakers in order to play a real musical instrument along with a simulated musical concert.
After Activision filed a declaratory judgment complaint of non-infringement, the court highlighted a major problem with Gibson's claims: There are no real instruments used in Guitar Hero.
“As a general observation, no reasonable person of ordinary skill in the relevant arts would interpret the ‘405 Patent as covering interactive videogames.”
As reported by IP Trademark Attorney blog, Gibson's own music expert said real musical instruments convey sounds that implement pitch and timbre. Guitar Hero's controllers, including Guitar Hero World Tour's drumset, do not have those characteristics, the court said.
Guitar Hero also does not utilize a 3D headset.
The court added, "Gibson’s doctrine of equivalents arguments border on the frivolous.”
Activision licensed the use of the Gibson brand and products in its Guitar Hero games.
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Guitar Center survey shows guitar game players buying real guitars
Guitar Hero and Rock Band creators Harmonix were founded on the hopes that they could inspire a league of new musicians through software, so presumably they'll be happy to hear the results of a new Guitar Center survey which showed the following:
Of the Guitar Hero and Rock Band players that do not currently play a musical instrument, two-thirds (67%) indicated that they are likely to begin playing a real instrument in the next two years.
Nearly three out of four (72%) musicians who play games like Guitar Hero and Rock Band have spent more time playing their real instrument(s) since they began playing these games.
Eight out of 10 (81%) of the Guitar Hero and Rock Band players that have been inspired to play an instrument because of the games would like to receive a musical instrument as a gift this winter holiday season.
Sales of gear for first-timers at Guitar Center has surged along with the peak in sales for Guitar Hero and Rock Band. In the holiday selling season in the last quarter of 2007, Guitar Center saw a +20.7% jump in comparable store sales for beginner-level electric guitar & amplifiers. This surge grew even stronger through the first nine months of 2008, when Guitar Center's cumulative comparable store sales for the category increased +26.9%.
Gibson strikes again......nice try boys.
I bet sales of real guitars have gone down since guitar hero appeared!!
Savagehenry, you can't deny that games are probably taking peoples attention and time away from "traditional pasttimes" - like er, learning to play a real instrument.
One doesn't exist without the other...
Arguable It could be said that "traditional pastimes" have already been pushed to the periphery, given the rise of various forms of technological advances, not just the Guitar Hero games. But entertainment in general. We are saturated with choice...
In my opinion and speaking from a musician's point of view. Following pretty coloured button presses is one thing and I can see how people can glean so much pleasure from it. But I don't thinks it's at all comparable. If people do want to play Guitar Hero over a playing, as you say a "real instruments". It's hard to see how Gibson could feel threaten by its plastic computerised counterpart. I'd rather go to a Megadeth gig and watch Dave Mustain ripping it up, than to a Guitar Hero comp and watch a bunch of kids pretending to be Axe men!
I'd love to be able to the play the Bass guitar like Roberto Trujillo but without putting in the time and the dedication, I can kiss that pipedream goodbye. Of course people are going to take the easy option. Having said that, at the same time there probable an equal number of people that ARE willing to put the hours in and practice hard, because they're determined to excel.
I don't know about the rest of the "peoples" you are referring but personally speaking, playing Guitar Hero has certainly prompted me to start playing my bass guitar again and similarly with my brother who started playing his guitar again. I know of others too. Guitar Hero is an great tool to strengthen your fingers. In my opinion it's certainly a welcome break from constantly practicing the same rift scales tunes or whatever, great fun with a group of people and far less pretentious than sitting around serenading them with you renditions of favourite Beatles records (You know who you are!!).
I'd be interested to see the stats on guitar sales, and also guitar lessons.
I can imagine that, in actual fact, Guitar Hero may have sparked interest in people who weren't neccessarily the musical type, who may decide that 'playing' the Guitar Hero peripherals is actually fun and go on to try their abilities on a real guitar.
I know a 25 year old who has Guitar Hero 3, and has decided recently to start learning. I have never asked him if there is a link, but it does seem quite a coincidence.
"Frivolous." Isn' t the word I would have used...
What's the problem here, I don't get it.. Gibson have been the recognisable brand on Guitar Hero controllers for a while now. Why do Gibson feel so aggrieved?
How many serious guitarist are there, who are thinking "Hmmm, I won't buy that 1964 Sunburst Les Paul, I'll save myself a few thousand and buy Guitar Hero instead"?
He he. :) Greedy, greedy people.