Posted on December 13, 2007,

Activision Gets Slapped with a Lawsuit Over Mono Guitar Hero


The mono sound issues with the Wii version of Guitar Hero III have been well documented. In response to the issue coming to light, Activision has promised to replace the affected discs for free when the new discs become available in early ’08. But apparently that’s not good enough, as Activision is facing a class action lawsuit which alleges that Activision’s conduct was “deceptive and unlawful.”

This is directly related to the fact that the game’s box would have you believe that it support Dolby Pro Logic II surround sound. The lawsuit names anyone who purchased the game and “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.”

Additionally, the lawsuit “seeks actual damages, individual restitution, equitable relief, civil penalties, costs and expenses of litigation, including attorney’s fees, and all further relief available.”

It claims that Activision has not rectified the problem and cites the fact that the game is still being sold – with no attempt made by Activision to inform customers of the mono support – as evidence that Activision is continuing to engage in the aforementioned deceptive and unlawful acts.

via Game|Life

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13 Comments on Activision Gets Slapped with a Lawsuit Over Mono Guitar Hero


On December 13, 2007 at 12:02 pm

Honestly, the game should have been pulled from the shelves day 1.

Grammar Police

On December 13, 2007 at 12:17 pm

You really should learn the difference between the words affect and effect if you are a writer for a major site.


On December 13, 2007 at 12:26 pm

“and cites the fact that the game is still being sold”

Thats the worst part of it all.


On December 13, 2007 at 1:40 pm

Boo frickin hoo?

People are so sue happy these days.


On December 13, 2007 at 2:13 pm

To: Grammer Police – The word “affected” was used correctly. “Affected” is in the dictionary as meaning “influenced, acted upon”. In other words, the “affected” thing has had something done to it that “affected” it. Guitar Hero discs are “affected” NOT “effected”. In fact, the word “effected” is not even in the dictionary. So, are the Guitar Hero discs actively having an effect on something else or have the Guitar Hero discs been affected (influenced, acted upon) by something else? The author was discussing the discs as being affected not as them having some effect on something else.


On December 13, 2007 at 10:47 pm

@STALKER – Absolutely. These people are going to get their replacements and they’re just taking advantage of the situation now.

No need to respond about the use of ‘affected’ since that was cleared up.


On December 14, 2007 at 1:08 am

I know I’ve been affected by this. I tell you what, lets sue Hilary. HA!


On December 14, 2007 at 7:39 am

FYI – Lots of your credibility in telling anyone off about using of language is ripped away when you mis-spell “grammar.”


On December 14, 2007 at 9:51 am

Everyone except the lawyers are the losers here. While it stinks that my Guitar Hero III is in mono, it stinks even more that lawyers are most likely going to set up a huge “victim” fund and then charge their fees equal to almost 1/3 of the total amount. In other class action cases, the lawyers not only take about 1/3 of the money but then their expenses are separate from the millions that are taken from companies and the victims. I am disappointed by Activision in setting us all up to be taken advantage of.


On December 14, 2007 at 1:17 pm

This is so stupid. There is NO WAY people looked at the box and thought, “Oh Dolby PRO logic?? HELLS yeah I’ll buy it for no other reason than that.” What damages has this caused? Damage to my ears?!!

Shall we sue all game makers because they miss a bug that causes the game to crash? “Umm yeah this game crashed half way through and even though you fixed it in a patch…give me 1 million dollars”


On January 2, 2008 at 10:57 am

shoobe01 ftw


On January 2, 2008 at 12:16 pm

GhettoGum…you should try to improve your thinking skills.

When you make a purchase for anything, whether a console game or a car, your decision is usually based on the sum of all the features presented. Some people are really into sound and to allege right on the packaging as Activision did that their product utilizes a superior sound system and then find out after the purchase that the game sounds more like an AM radio than a high fidelity stereo system is an insult and a ripoff.


On January 4, 2008 at 1:05 am

NYX… thanks for the advice I’ll get right on that. :roll:

Yes some people are really into sound, but most likely the majority of people who bought this game could care less about what brand of fancy stereo system is playing their game’s sound. If it sounds good…great. The game doesn’t sound like AM radio, its gotten great reviews and sounds great even in mono.

It’s unfortunate that the game was released in mono by accident. But you are assuming that Activision purposely released it in mono and falsely advertised on the box just to trick the public into buying the game. This is the flawed logic. They are fixing the problem, no need to get sue crazy.