Have Guitar Hero 3 mono, will sue
Wednesday, December 12th, 2007 at 3:31pm by Jack
Remember that pesky Guitar Hero 3 mono sound issue? Remember how Activision said new discs were coming, but not until 2008? Well, today it appears as though that action is too late. In fine American tradition, someone has decided to sue Activision over the mono issue for “deceptive and unlawful” conduct by selling the Wii version of Guitar Hero III with the promise of Dolby Pro Logic.
The class named in the suit includes all purchasers of the game who “would not have purchased the Guitar Hero III video game and/or paid as much for it had they known the truth about the product.”
The suit, brought by plaintiff Samuel Livingston of San Diego and represented by the law firm KamberEdelson, LLC, “seeks actual damages, individual restitution, equitable relief, civil penalties, costs and expenses of litigation, including attorney’s fees, and all further relief available.”
The suit claims that Activision has not rectified the problem, nor has it taken steps to point out the issue to future purchasers (the game is still on store shelves bing sold as is).
A lot of you Infendo folk have expressed your opinion on this issue in the past, with more than a few of you saying you don’t care and that it hasn’t had any effect on your playing or enjoyment of the title. Still feel that way?
December 12th, 2007 at 3:37 pm
Sounds like someone’s trying to get a free meal.
December 12th, 2007 at 3:47 pm
Yeah….mooches…..
Go get a 360 and Rockband if you’re THAT into it…..cheaper than an attorney, that’s for damn sure….
December 12th, 2007 at 4:07 pm
Just for the record: Having never played any version of Guitar Hero, I was one who didn’t understand why a game that simulated playing an electric guitar would be in stereo (let alone dolby stereo). From the comments on Infendo, I was informed that Guitar Hero is a rythm game, not a simulation, and that it uses covers or tracks from original songs, and thus it should be in dobly stereo just like the tracks on a DVD…
Anyway, are they seeking damages from psychological trauma also? They should…
December 12th, 2007 at 4:07 pm
It’s obvious what this guy REALLY cares about:
o/` Money, money, money… MONEY!!! o/`
December 12th, 2007 at 4:28 pm
While I can understand wanting a refund (and think that’s an entirely reasonable request), I’m not sure I see a basis for legal action in this situation…
Is this really the type of precedent we want set for video games? I mean, it might encourage companies to do proper Quality Assurance before releasing their products - *cough* even on the Wii *cough* - but it still seems a bit extreme to me.
December 12th, 2007 at 4:35 pm
Correct me if I’m wrong but don’t class action settlements get distributed among all who meet the criteria named in the lawsuit. That means that anyone who agrees that they overpaid or would not have bought it otherwise will get some percentage of the total damages which based on my previous knowledge of such lawsuits will probably not amount to much for an individual claimant. They might get the purchase price of the game back if that.
My point is I don’t think anyone will get rich here except the lawyers.
Also, since this is a known issue wouldn’t it be likely that the retailer would take the game back and give a refund?
December 12th, 2007 at 4:46 pm
North americans are for sure sue happy, but for once I think that Activision should be sued for this, for good.
It’s a defective product, advertised as if it is not, and still in the shelves without further notice.
Also it is a bit pathetic that a *music* game launched with such a flaw, unless you play on a 14″ TV with just one speaker, it is definitely noticeable the stereo effect of Guitar Hero I, II, 80’s and III on 360 or PS3, and it adds to the whole experience.
December 12th, 2007 at 5:16 pm
It’s disgraceful that even though they’ve admitted there’s a problem, they’re still selling the mono discs with “Dolby” packaging. They need to at least send out labels so that stores can cover up that part.
December 12th, 2007 at 5:40 pm
Does the packaging say “Dolby Pro Logic”? If it does, then there is basis for the complaint under American law.
Just a shame that some Americans have so little friggin’ sense. Frivolous law suits like this do nothing but bloat our legal system and make the lawyers rich a detract peoples attention from real problems.
Real problems like “Where is Duke Nukem Forever”. Wait, can I sue Apogee for “deceptive conduct”?
December 12th, 2007 at 6:25 pm
I work for an Attorney and I have to say that some attorney’s certainly want to make an easy buck. However, not all attorney’s are as bad as everyone makes them out to be. So back off the attorney’s sack.
I will tell you that this lawsuit is likely to end up going nowhere. Activision will replace all of the discs with the issue and no-one will ever see a penny from this lawsuit. Nuff said.
December 12th, 2007 at 6:50 pm
Still dont care, but wouldt mind a new disc with dobly pro logic if they change them for the old ones in 08
December 12th, 2007 at 7:56 pm
If this suit expedites my copy that plays in Dolby Pro Logic, I’m more than happy to back it. For me, it’s not about the money, but about delivering what they promised. I just want to play GH3.
December 12th, 2007 at 8:12 pm
Obviously just a case of some idiot looking to cash in with a frivolous lawsuit. Sure it sucks that they said it had Dolby Pro Logic II and it doesn’t, but good lord. They’re aware of the problem, they’re correcting the disks, and most importantly they never forced anyone to purchase it.
There’s already a system in place for receiving compensation if you are unsatisfied with your videogame purchase, and it’s called RETURNING THE GAME. What a greedy dickhead. Seriously, how does he take himself seriously telling everyone he knows that he’s suing a major corporation over a videogame that he voluntarily purchased?
I wish it was harder for the average moron to start up a lawsuit for no good reason. You should be punished somehow if you lose your crappy litigation for wasting everyone’s time and money.
December 13th, 2007 at 1:20 am
I actually think there is a basis for this lawsuit, as frivolous as it may seem.
If what everyone is saying is true and the box does say “Dolby Pro Logic” on it, but does not deliver the promise, then that’s “deceptive and unlawful.” The game plus the guitar is, what, $70, $80 tops? I’d be pissed if I shelled out that much money from my small paycheck hoping for the best GH experience Activision can offer, and being terribly underwhelmed that my nice speakers cannot play the music properly (and after all, it IS a music game), even though I was told by the packaging that I could expect a top-notch audio experience. I agree with what an above poster said: Activision should send out stickers to retailers to cover the alleged “Pro-Logic” logo, so as not to mislead consumers. Then this whole thing could be avoided.
Mind you, people here in the United States start lawsuits over bad breath and hot coffee, so this one will probably get thrown out. But I think it’s pretty legit.
December 13th, 2007 at 3:32 am
Jackie Chiles of KamberEdelson, LLC has this to say,
“Yeah that’s going to be a problem. It’s gonna be a problem for them. This a clear violation of your rights as a consumer. It’s an infringement on your constitutional rights. It’s outrageous, egregious, preposterous.”
This is defintely preposterous.
December 13th, 2007 at 9:12 pm
Guitar Hero costs $90 for Wii, about $20 too much for mii even though I want it badly.
December 14th, 2007 at 11:39 am
I think this will be, if nothing else, a reminder to development teams that you should not rush your product and skip on Quality Assurance just to make sure it hits the store by Christmas. I applaud those games like Smash Brothers and GTA IV that decide to take the extra time to get it right instead of shoveling out a flawed game. With Mass Effect having all sorts of glitches (shame on you Bioware) and GHIII coming in mono only, it seems clear that publishers are rushing out titles in November. Hopefully this will be a wakeup call that publishers can’t keep shipping flawed games and shoveling them out in time for the holidays. I applaud this fellow who filed the lawsuit, and so should anyone who is tired of ridiculous problems from rushed titles.
Now if only one could sue over those horrible-looking deer from PGA Tour on Wii…
December 17th, 2007 at 5:38 am
I’m suprised at some of you - allowing a corporation to take advantage of you! The person from San Diego suing Activision is doing the right thing. Activision commited false advertising and a real technical problem. Allowing this to happen could bring on a trend of incomplete / buggy games - though there a has been other cases. But normally companies see a problem and immediately remove the faulty copies and replace the sold copies. In this case, Activision wasn’t fixing the situation.