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Gibson 'Settles' Patent Lawsuit Over Guitar Hero

from the rock-on dept

You may recall that famed guitar maker Gibson started claiming that its patent (5,990,405) on a "simulated musical concert" system was being infringed upon by various musical video games. Gibson went nuclear, suing everyone it could possibly think of, including companies who were just retailers of the game for patent infringement. Pretty quickly a court told Gibson that the lawsuit "bordered on the frivolous" which didn't bode well for Gibson. However, THREsq points us to the news that Gibson has "settled" the lawsuit and will be dropping the case. Given the way the courts reacted early on to the lawsuit, you have to imagine that "settlement" wasn't for very much money. My guess is that Viacom offered Gibson something less than it would have cost to continue defending these lawsuits to make the company go back to focusing on making guitars.


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  1.  
    identicon
    Anonymous Coward, Jun 9th, 2010 @ 11:11pm

    They make some beautiful instruments

    Too bad Gibson wasn't a little more vague with the patent, then they might have had a claim.

     

    reply to this | link to this | view in thread ]

  2.  
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    bradmoreso (profile), Jun 9th, 2010 @ 11:15pm

    Looks really stupid

    This is actually more stupid than Commodore demanding money from Paramount in exchange for featuring the Amiga in Star Trek IV. One phone call to Apple from Paramount resulted in 20 Macs delivered + two techs onsite.

    Apparently by the time Rock Band came out, Fender was smart enough to contribute the design for the guitar and the bass controllers that Harmonix sells. You can even get a Fender Mustang controller with Rock Band 3, and Fender licenses the Strat controller design.

    Maybe Gibson was suing to get in on the deal. IMHO that would have worked better with honey than vinegar.

    Gibson USA could stand to lighten its lawyer overhead, or at least to educate them on brand exposure/loyalty.

     

    reply to this | link to this | view in thread ]

  3.  
    identicon
    nunya_bidness, Jun 10th, 2010 @ 4:13am

    Just my op

    Telecaster=clean and smooth
    Les Paul=dirty and distorted

     

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  4.  
    icon
    harbingerofdoom (profile), Jun 10th, 2010 @ 6:42am

    Re: Just my op

    yes you are 100% correct and thats just one of the reasons people pick the guitars they do. some people like that sound & feel.

    now everyone get back to making your respective products and stop this tomfoolery.

     

    reply to this | link to this | view in thread ]

  5.  
    identicon
    wowreally?, Jun 10th, 2010 @ 6:56am

    Re: Just my op

    clean and smooth? dirty and distorted? Neither are distorted, both are used with "distortion". You really need to put down that controller and play a real guitar once in a while.
    telecaster - tinny/plinkety single coils that are noisy
    les paul - noiseless humbuckers with a nice clean sound

    the amp does the distortion, foo'.

     

    reply to this | link to this | view in thread ]

  6.  
    icon
    Overcast (profile), Jun 10th, 2010 @ 7:02am

    Oh, glad I read this. I was going to get my daughter a new guitar - she's been into it a lot, so going from the defacto 'cheapy starter' to a good one.

    Mark one company off the list...

     

    reply to this | link to this | view in thread ]

  7.  
    identicon
    staff, Jun 10th, 2010 @ 7:38am

    retailers

    "...suing everyone it could possibly think of, including companies who were just retailers of the game"

    That's because patents allow you to exclude parties from selling the invention. Write about topics you know something about -not patents.

     

    reply to this | link to this | view in thread ]

  8.  
    identicon
    Anonymous Coward, Jun 10th, 2010 @ 9:56am

    Re:

    Ibanez RG series = win

     

    reply to this | link to this | view in thread ]

  9.  
    identicon
    Anonymous Coward, Jun 10th, 2010 @ 10:58am

    Re: Re:

    +1

     

    reply to this | link to this | view in thread ]

  10.  
    identicon
    Anonymous Coward, Jun 10th, 2010 @ 11:02am

    Re: retailers

    LOL, you're a fucking fool. Everyone knows that fool...

    Seriously, why don't you get back to studying for the bar and speak only when you have some non-obvious information or a valid opinion.

     

    reply to this | link to this | view in thread ]

  11.  
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    Mike Masnick (profile), Jun 10th, 2010 @ 11:25am

    Re: retailers

    That's because patents allow you to exclude parties from selling the invention. Write about topics you know something about -not patents.

    No one said otherwise. In fact, we've covered that very fact many times on this site. But that doesn't mean it makes sense. Highlighting it shows the ridiculousness of the system.

     

    reply to this | link to this | view in thread ]

  12.  
    identicon
    Erin, Jun 24th, 2010 @ 12:07pm

    patent infringement

    Patent Infringement is a growing problem. Since law does not require manufacturers to inform patent owners that they are using the patent owner’s invention, Patent infringement can be unintentional. In most cases, it will be up to the owner of the patent to pursue Patent Litigation, a costly and time consuming process. It is always a good idea, if you are going to get a patent, that you do extensive research to make sure that no one already has a patent, and that you continue to monitor the industry to ensure that no one uses your patent with out your consent.

     

    reply to this | link to this | view in thread ]

  13.  
    identicon
    Sarah, Jul 20th, 2010 @ 3:17pm

    Gibson and guitar lessons

    This totally makes me look at Gibson in a new light. I thought they were the kind of company that would stay out of this kind of legal non-sense. My first Guitar lessons were on a Gibson so I feel somewhat attached to it still. All of that said, I do understand that patents do carry a lot of weight in this country. Just think though, someone could sue Gibson for their design, it's all the same to me.

     

    reply to this | link to this | view in thread ]


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