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Activision motion to dismiss No Doubt lawsuit rejected

The band's claims against the publisher will indeed be heard by a jury

Activision's motion to dismiss a lawsuit brought forth by the band No Doubt has been rejected, the AP has reported. Activision's lawyers were attempting to dismiss several claims from the case involving No Doubt's involvement with Band Hero, including fraud, violation of publicity rights and breach of contract.

No Doubt sued Activision back in 2009, alleging that it was never informed about players being able to unlock avatars of the band to perform other artists' music. Gwen Stefani was particularly annoyed seeing her avatar being used to perform songs like the Rolling Stones' hit "Honky Tonk Women." No Doubt's lawsuit says the feature turned the band "into a virtual karaoke circus act."

The suit is expected to go to trial later this year, and if the band wins, No Doubt could pursue an injunction. No Doubt's attorney Bert Deixler said the ruling "seemed inevitable."

For its part, Activision has said that unlocking avatars and features in video games is standard practice and that the company did not violate anything. Moreover, Activision's attorney, Jeffery McFarland, said the company has a video recording of No Doubt actually being told about the game's unlockable features.

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Latest comments (2)

Andrew Goodchild Studying development, Train2Game4 years ago
If Activision has that video, presumably it can show a copy to No Doubt and their lawyer or the judge? That would surely help their case. As for unlockables being a videogame standard, is that not a week argument. If you licence a celebrity for a skating game but behind their back put in an unlock that allowed them to go on a killing spree covered in excrement, could you use that defends? Sure, that seems more extreme, but it is the same principle.
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William Brown Aspiring Level Designer 4 years ago
Forgive me for my comment as it does not relate to the No Doubt case mentioned above but at the rate litigation is being brought about I think Gi need a 'legal' category as recent news is anything to go by lawsuits in gaming will become the norm.

I wonder what would happen if I were to use a No Doubt video and sync another audio track as a means of parody. In all likelihood two takedown notices and lawsuits would follow.
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