One game player decided to sue Activision for "deceptive and unlawful" conduct.
Samuel Livingston of San Diego has brought suit against Activision for "deceptive and unlawful" conduct for the marketing of Guitar Hero III: Legends of Rock for the Wii. The class-action lawsuit charges Activision with not addressing or attempting to warn customers about the mono sound issue, despite the game's packaging continuing to advertise Dolby Pro Logic II sound.
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.