In an e-mail to Shacknews, a company representative stated:
Harmonix and MTV Games are dedicated to consumers having an outstanding experience with our products. When used as directed, our drum pedals are designed to provide years of enjoyment. In addition, at the launch of Rock Band we offered consumers an extended opportunity return defective or broken hardware for any reason whatsoever--no questions asked. This litigation is opportunistic and baseless.
The class-action lawsuit, filed on November 18, suggests that Harmonix and MTV knew the original Rock Band drum pedals were defective and prone to snapping in half, but did not resolve the issue to encourage sales of the improved Rock Band 2 drum set.
In a conspiratorial tone, the lawsuit notes that MTV Games and Harmonix extended the replacement period for broken Rock Band hardware after the game released in November 2007, but drew that grace period to a close only four days before the announcement of Rock Band 2 and its metal-reinforced kick pedal.