A Calif. Judge has dismissed a class action lawsuit against Activision which sought damages over mono sound in the Wii version of Guitar Hero III: Legends of Rock.
Consumers couldn’t get past the irony when Activision confirmed that such an audio-centric game like Guitar Hero III was released in vintage 1920s mono sound format instead of Dolby Pro Logic II surround sound, as stated on the box. Activision acknowledged the problem, and promised that it would be replacing mono copies of the game with multi-channel versions for free.
But nevertheless, San Diego’s Samuel Livingston, went as far to take Activision to court over the matter, filing a class action lawsuit against the Santa Monica-based game maker in December. Livingston accused Activision of misleading consumers, and Activision denied the allegations.
Court documents from late March now confirm that the case against Activision has been dismissed, in light of an agreement between Activision’s and Livingston’s lawyers.
The court filing from March 26 said that beginning in late December, lawyers for Activision and Livingston conferred to resolve the issue, and reached an agreement to "avoid the burden, expense and distraction of potentially protracted and complex litigation."
As part of the stipulation, Activision said that the replacement disc program will remain in effect until "at least" August 31 in the US; Activision will provide all consumers who take part in the program a free faceplate accessory for the Guitar Hero III controller; and Activision will continue to withhold manufacturing of the mono discs, and only produce the remastered version.
Livingston also agreed to release Activision from any future litigation related to the Guitar Hero III mono allegations.
US District Court Judge Dale Fischer ruled in the case.