Posted on July 11, 2008,

MTV Responds to Rock Band Lawsuit, Refers to it as "Baseless Litigation"

We brought word to you yesterday that Konami had filed a lawsuit against Viacom, MTV and Rock Band developer Harmonix over patent violations. While Viacom didn’t have any comment at the time, claiming they had yet to receive any complaint, today an MTV spokesperson released a statement regarding the lawsuit.

“Konami’s actions are extremely surprising,” the spokesperson said. “Unfortunately, successful products such as Rock Band can often become targets for baseless litigation. We have substantial defenses to this claim and intend to vigorously defend it.”

The patent Konami refers to is titled “Music playing game apparatus, performance guiding image display method, and readable storage medium storing performance guiding image forming.”

Konami is seeking cash considerations and an order that would block Harmonix from using the devices in question.

I’m sure we’ll be hearing more on this in the coming weeks, particularly with Rock Band 2 on Xbox 360 scheduled for a September release. It’s just surprising to me that they waited this long to file the lawsuit, unless they were looking to throw a wrench in Harmonix’s plans and pave the way for the release of Konami’s Rock Revolution this fall.

via MTV News

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6 Comments on MTV Responds to Rock Band Lawsuit, Refers to it as "Baseless Litigation"

Phil Migrowen

On July 12, 2008 at 2:20 am

“It’s just surprising to me that they waited this long to file the lawsuit”

It’s only surprising if you’re an idiot. I’ve explained the reasons for the delay before on this site. There are two main reasons for the delay in filing suit. First, filing a lawsuit in U.S. Federal Court especially a major one like this one against multiple corporate defendants takes a great deal of planning, preparation, and paperwork. All of that is time consuming and can take many months to complete. And, that doesn’t even include all of the pre-litigation communications and negotiations between the parties that usually occurs to avoid the lawsuit in the first place. Second, the other main reason why such IP infringement lawsuits are filed so long after the actual infringement occurs is so that the damages will be significantly larger if the court finds that infringement occured. Since the infringing products have been on the market for so long, their sales are not only known but can be also be huge as in this case. So, determining damages or negotiating a royalty based on those known sales is much more beneficial to the plaintiff since it now knows how successful the infringing products are. If the plaintiff had negotiated licenses upfront with the defendant companies before their products were released into the market, it might have accepted a far lesser amount than what it would get now since the financial success of the products had yet to be determined. An even worse scenario would occur if the plaintiff filed the lawsuit before the infringing products were released and that caused the products to fail in the market because they were delayed due to an injunction or protracted royalty negotiations. In cases like this one where the infringing products are very successful or widely speculated that they will be, it makes more sense (and cents) for the plaintiff to wait until after the products have been on the market for awhile or run their course before bringing an IP infringement lawsuit.

Killa75

On July 12, 2008 at 3:42 am

TL;DR

Learn to be less of a got, Phil. No need to insult people who aren’t s and obsess over the law as you clearly have. Think of your logic.. “YOUR AN IDIOT IF YOU DONT KNOW 25 YEARS WORTH OF LAW EXPERIENCE!!1!” I don’t give a if this is your field of expertise, or YOU FOUNDED this field of expertise, no need to be a about it to people who aren’t as familiar with it, and bring you the news, you ing asshat piece of .

Burn in hellfire, and then rot in a grave.

Chris, don’t feel bad..this dude’s a .

Killa75

On July 12, 2008 at 3:43 am

You’re probably even on Konami’s side. In that case, you need to just have a heart attack and die.

Steve

On July 12, 2008 at 5:03 am

Severe overreaction there Killa. I’m not a law student, and I knew what he was talking about.

Regardless of whether or not Chris is or should be mystified by these developments, it’s interesting news and Phil brings some good information to the table (with the exception of the first line, which is indeed insulting).

God

On July 12, 2008 at 5:55 am

Phil: Nice “Research”. You are welcome into my kingdom if you do somehow die.
Killa: You have no idea what you are talking about, do you. Just because you feel insulted for having a drasticially lower IQ than both Phil and Steve, dosen’t mean you have to take it out on Phil. Satan might be seeing you soon.
Steve: Phil should thank you for standing up for him. You are welcome in my kingdom as well.
Chris: Thank you for posting this. Just try to dumb it down for a few people next time, okay? See you sometime in the future.

iKiddo

On July 12, 2008 at 12:47 pm

^name thieving .. >.>

Anyway .. Leave them to it .. I don’t care as long as they keep making descent games.