Activision said that they would replace the defective discs in early 2008, an announcement that occurred five days before the Livingston suit was filed on December 11. The timing demonstrates Activision's willingness to resolve the mistake. Activision's only public response: "We cannot comment on any on-going litigation."
This is the second lawsuit to hit Activision over their smash hit Guitar Hero. An 80's rock band, The Romantics, filed suit for the game's use of their song in the Rocks the 80's PS2 version of Guitar Hero. No matter that Activision retains legal authority to use all of the songs featured in the game, this will be a battle of nuance in the courtroom.
Quote
Originally posted by: Morari
Properly working discs won't be available until "early 2008". Extra guitars won't be available until "early 2008". It looks more and more like this game was pushed out before everything was ready, likely to meet holiday expectations. Activision needs to be sued for "idiotic conduct" if anything.
Quote
Originally posted by: GoldenPhoenix
That is the American way, sue over the stupidest things.
Quote
Originally posted by: GoldenPhoenix
That is the American way, sue over the stupidest things.
Quote
Originally posted by: shammack
Yeah. As easy (and fun) as it may be to go "lol frivolous lawsuit," Activision is pretty clearly in the wrong here. Even if it wasn't intentional, they're not doing anything about it until "early 2008," and until then they'll continue making money from a product that doesn't do what it advertises (and I'll bet the percentage of those people who bother with getting a replacement disc will be pretty small).
As for people trying to get money from stupid things, keep in mind this is a class action lawsuit. It's not one guy trying to get a big award. Probably the most that could happen is that Activision will have to offer a refund. Sounds about right to me.
Quote
Well I highly doubt people would get a refund and many people did not notice it until someone found out and the internet went on fire with this news item.
Quote
Originally posted by: darknight06Quote
Well I highly doubt people would get a refund and many people did not notice it until someone found out and the internet went on fire with this news item.
Me and several others on numerous message boards have noticed something odd with the game on day 1. Me, personally when I realized that I HAD to turn my speaker volume way up in order to hear it and even then compared to DDR Hottest Party something was insanely wrong with it. The only reason I didn't scream mono sound on day 1 was because to an extent with some sound effects it still worked and also the last time I played anything in mono was 1997. Serves Activision right to have a class action suit brought upon them, what they've actively done believe it or not was an act of false advertising. That and the fact the PS2 version's sound had no problems screams to me that they prioritized every other version of the game over the Wii product.
Quote
Originally posted by: shammack
Yeah. As easy (and fun) as it may be to go "lol frivolous lawsuit," Activision is pretty clearly in the wrong here. Even if it wasn't intentional, they're not doing anything about it until "early 2008," and until then they'll continue making money from a product that doesn't do what it advertises (and I'll bet the percentage of those people who bother with getting a replacement disc will be pretty small).
As for people trying to get money from stupid things, keep in mind this is a class action lawsuit. It's not one guy trying to get a big award. Probably the most that could happen is that Activision will have to offer a refund. Sounds about right to me.
