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Judge favours Activision in Romantics court case

Judge favours Activision in Romantics court case

Judge Edmunds sided with Activision in a court case against Guitar Hero Encore: Rock The '80s.

Not long ago, '80s band The Romantics filed a court case against Activision, Harmonix and Red Octane - the developers and publisher behind Guitar Hero Encore: Rock the '80s. Yesterday, that case was presented before a judge so that a decision could be made.

The case, which saw The Romantics alleging that the cover version of their song What I Like About You used in the game was 'too similar', was dismissed by Judge Nancy G. Edmunds according to Next-Gen.

The Romantics case was built on the idea that the song was so similar to their own that gamers may mistake it for the original version. The Judge seemed to agree, thankfully realising that that's the whole point of a cover song. We can only hope she went on to tell them what n00bs they are.

Judge Edmunds blocked The Romantic' request for a preliminary injunction to prevent the game from being sold, ensuring that the game will continue to sell as well as any game which has since been superseded by a sequel - in this case, Guitar Hero 3.

In making the ruling, Judge Edmunds indicated that to the extent there were any copyright issues, Activision did exactly what the company was supposed to do in developing the product,” Activision said in a statement.

Did Judge Edmunds make the right call, or do you think that Judge Judy would have had something else to say on the matter? Let us know what you think in the forums.

10 Comments

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mrb_no1 21st December 2007, 10:30 Quote
anything to try and force money out of a big company...bunch of w%$&*£s are the romantics...if you want more money in life, get off of your but and do something about it, i know, maybe make some more music rather than wasting a fortune on lawyers trying to get money from a games developer...losers imo!
Rebourne 21st December 2007, 11:54 Quote
How dare you make our song not sound like ****.
mikeuk2004 21st December 2007, 12:28 Quote
so much time and money is wasted due to greed and stupidity. If the cover is better than you, then practice and make your song better then.
quack 21st December 2007, 12:28 Quote
Absolutely the right call. What would be the point in making a cover version of the song for the game that sounded completely different?

The biggest point I want to make however is who the @#*& are The Romantics anyway? :)
mrb_no1 21st December 2007, 14:51 Quote
Quote:
Originally Posted by quack
who the @#*& are The Romantics anyway? :)

lol...i totally agree, it would appear i'm not in touch with my 80's as much as i thought i was :?
Cupboard 21st December 2007, 19:10 Quote
Quote:
Originally Posted by quack

The biggest point I want to make however is who the @#*& are The Romantics anyway? :)

That was probably the whole point of this court case, to give them publicity. It did seem a bit daft though! I think you would have more of a case if they did a rubbish cover. That said, I thought they were original recordings!:o
quack 21st December 2007, 19:29 Quote
Unfortunately it was all bad publicity. :)
zoot2boot 22nd December 2007, 08:38 Quote
i'm not sure i agree. if activision's song is that similar then they should be paying royalties. it doesn't sound like money grubbing at all, merely protecting their property.
Constructacon 22nd December 2007, 22:44 Quote
Quote:
Originally Posted by zoot2boot
i'm not sure i agree. if activision's song is that similar then they should be paying royalties. it doesn't sound like money grubbing at all, merely protecting their property.
Ummm - I'm sure they already are. There's no mention of copyright infringement in this case so it all sounds above board. They're wouldn't be able to have the song in the game without forking out a few dollarbucks.
CardJoe 23rd December 2007, 11:29 Quote
Yeah - activision bought the rights to do a cover version of the song in the game from the Romantics. They then did a cover version of the song and, the moment the cover version became more popular than the original on iTunes, The Romantics started to sue and whinging about how it was 'too similar'. Allegedly.
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