No Doubt suit against Activision moving forward

No Doubt's case against Activision has been allowed to go forward to a jury, a Superior Court judge has determined.

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A Superior Court judge has rejected a motion filed by Activision to dismiss claims brought against the company by the band No Doubt. The band claims that Activision engaged in fraud, violation of publicity rights, and breach of contract by making misleading claims about an appearance in Band Hero. The court dismissal means that No Doubt can argue its case to a jury.

The Associated Press reports that Judge Ramona See determined that the jury should consider the evidence rather than have the case dismissed outright. See also denied a request for an injunction that would bar Activision from using band members' likenesses from performing other artists' work in Band Hero, which was the offense that sparked the initial complaint.

No Doubt claims it was never told that players could unlock avatars of the band to perform other artists' music. Activision counters that unlocking unadvertised features in a game is a normal practice in game development. Plus, Activision attorney Jeffery McFarland claims the company has a recording of the band being told about the game's unlockable features.

Activision has tried and failed for a dismissal before, claiming first amendment rights cover general use of the band's imagery. The company has had similar charges brought for its use of Kurt Cobain and Maroon 5.

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  • reply
    May 30, 2012 4:15 PM

    Steve Watts posted a new article, No Doubt suit against Activision moving forward.

    No Doubt's case against Activision has been allowed to go forward to a jury, a Superior Court judge has determined.

    • reply
      May 30, 2012 4:21 PM

      I never thought I'd say this, but I'm on Activision's side here.

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        June 4, 2012 5:39 AM

        With only the information provided in this little article, I'd actually have to agree with you. If they were actually informed. If however, they were not then I'd say using a band's likeness as playable characters without their consent would actually be cause for a lawsuit. Activision's claim that "it's a normal practice" and that it is somehow in their First Amendment rights doesn't hold water.

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      May 30, 2012 4:48 PM

      no doubt sucks, no doubt

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      May 30, 2012 5:17 PM

      I looked at the picture and I couldn't help notice the camera angle. Her Arm is like a foot wide.

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        May 30, 2012 7:51 PM

        Hehe. Ya reckon it could be a photoshop fail? It looks more like the arm of the guy next to her... with his hand photoshop'd on to her shoulder. In any case, there is a lot of hand/arm action going on in that section of the photo... "disconnected" hands freak me out! LOL. ;p

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      May 30, 2012 5:21 PM

      Yeah, looks like there are issues of fact that will decide this. It will be interesting to see Activision's evidence of consent. I assume the contract was silent about this feature.

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      May 30, 2012 8:56 PM

      This has happened a few times now with artist's likeness being unlocked and used to play the entire game, they either explicitly were barred from doing it or didnt tell them, fully knowing what Kurt Cobain's estate would say to having him play fucking Britney Spears. Fuck Activision, fuck Kotik.

    • reply
      May 31, 2012 11:30 AM

      I got popcorn!

      Who wants some? :D

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