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No Doubt is suing Activision for misuse of avatars of band members in its new Band Hero game.  (Source: Giant Bomb)

No Doubt live in concert  (Source: Charles Pertwee / European Pressphoto Agency / September 26, 2009)

The band was apparently particularly offended that the game allowed lead singer Gwen Stefani to sing "Honky Tonk Woman", a song about prostitutes written by the Rolling Stones (pictured here).  (Source: Dean Goodman)
Group claims their likeness are being exploited

You see your Gwen Stefani avatar step up to the stage.  She begins to belt out, "It's the honky tonk women; Gimme, gimme, gimme the honky tonk blues..."

Wait -- that's not by Gwen Stefani and No Doubt -- that's "Honky Tonk Woman" by the Rolling Stones!  That's the intriguing or perhaps appalling feature (depending on your viewpoint) which players have discovered with Santa-Monica-based Activision's new Band Hero video game and past Guitar Hero games.  The game's Character Manipulation Feature allows Stefani and other singers to be transplanted into famous performances by other bands, lip-synching right along.  And it's a feature that's landed the game maker in hot legal water.

Controversy over Activision's Guitar Hero 5 raged in September when Kurt Cobain's widow, Courtney Love, and former bandmates Dave Grohl and Krist Novoselic complained about the singer's likeness being used in a similar fashion.  Activision claimed at the time that it had signed permission from Courtney Love, something she denies.

Now Activision is in trouble again, this time for its new Band Hero video game, just released November 3.  The band No Doubt, whose songs are featured in the game, claims Activision breached the pair's contract and "transformed No Doubt band members into a virtual karaoke circus act."  No Doubt filed suit Wednesday in Los Angeles County Superior Court requesting damages and the removal of avatars of band members Gwen Stefani, Tony Kanal, Tom Dumont and Adrian Young from the game until the game is edited.

Activision declined comment, but Jim Guerinot, manager of No Doubt was quick to attack the company before the media.  He states, "The band [members] are bitterly disappointed that their name and likeness was taken and used without their permission.  They agreed to play three No Doubt songs as a band. . . . Activision then went and put them in 62 other songs and broke the band up [and] never even asked."

The legal complaint states that Activision allowed No Doubt avatars to be used with over 60 songs, "many of which include lyrics, contained in iconic songs, which are not appropriate for No Doubt and have not been and would not have been chosen by No Doubt for recordings or public performances."  It adds, "While No Doubt are avid fans of the Rolling Stones and even have performed in concerts with the Rolling Stones the Character Manipulation Feature results in an unauthorized performance by the Gwen Stefani avatar in a male voice boasting about having sex with prostitutes."

Reportedly, No Doubt had tried to settle things civilly out of court asking the game to simply be fixed.  They were allegedly blown off by Activision, who said that changing the game would be "too expensive", according to the lawsuit.  Now things might be getting much more expensive for Activision because of its inaction.



Comments     Threshold


No Doubt sucks
By ZombieRitual on 11/5/2009 1:38:28 PM , Rating: 5
As a home grown Anaheim boy, I apologize to the world for No Doubt. They're terrible and I don't really give a crap if they are right in this instance.




RE: No Doubt sucks
By TomZ on 11/5/2009 1:52:53 PM , Rating: 1
Given the number of albums/CDs they've sold and the number of people who pay to go to their concerts, I'd say there are plenty of people who don't think they suck.


RE: No Doubt sucks
By ClownPuncher on 11/5/2009 2:20:10 PM , Rating: 5
Given the sales of "Achey, breaky heart", the Jonas Brothers, NKOTB, High School Musical and so on, sales might not be a good indicator of what is "quality". Obviously it is all opinion, a matter of taste. There is nothing wrong with thinking it is crap, just like there is nothing wrong with thinking it is good.


RE: No Doubt sucks
By mindless1 on 11/5/09, Rating: 0
RE: No Doubt sucks
By Reclaimer77 on 11/5/2009 3:38:56 PM , Rating: 1
Umm... yeeeah. Vanilla Ice sold 11 million copies too and grossed millions in concert sales. Clearly he was a legend in our own time and blessed with amazing talent.

/sarcasm


RE: No Doubt sucks
By Camikazi on 11/5/2009 6:35:54 PM , Rating: 2
OMG don't even joke about that.


RE: No Doubt sucks
By just4U on 11/5/2009 8:03:13 PM , Rating: 5
Dun Dun Dun dadaDun Dun
Dun Dun Dun dadadun Dun
<Ice Ice Baby>

TEE HEE


RE: No Doubt sucks
By EasyC on 11/9/2009 1:07:09 PM , Rating: 2
and he didn't even make his own beat....


RE: No Doubt sucks
By MrPoletski on 11/9/2009 4:56:13 AM , Rating: 2
you know you'd still rag Gwen Stefani though.


Are they still together?
By nvalhalla on 11/5/09, Rating: 0
RE: Are they still together?
By amanojaku on 11/5/2009 12:58:34 PM , Rating: 3
Where have you been? Regrouped bands are all the rage these days. Even Garbage is back. Anyway, the only reason No Doubt broke up is because Gwen and that guy were having issues, leading to one of their best songs, "Don't Speak". Now that they've moved on they're touring and writing again, since last year.


RE: Are they still together?
By cplusplus on 11/5/2009 1:30:11 PM , Rating: 3
Except that they stayed together for like 6-8 years after Tragic Kingdom. No Doubt broke up because Gwen wanted to make pop music. They got back together either because she was tired of it or because her last album didn't do that well.


By therealnickdanger on 11/5/2009 1:17:36 PM , Rating: 2
This reminds me of City of Heroes and how Marvel sued them over user-created likenesses to their own characters. Can't we just... get along?


RE: Are they still together?
By johnsonx on 11/5/2009 8:25:03 PM , Rating: 2
They mean that they agreed to perform 3 no doubt songs together as a band. Activision then separated the individual avatars (breaking up the band), and allowed them to be used independantly with songs other than those they agreed to.


I don't see the resemblance...
By PlasmaBomb on 11/5/2009 1:38:05 PM , Rating: 3
think about it
By Randomblame on 11/5/2009 5:24:44 PM , Rating: 3
This would irk me too, I wouldn't want my face singing "it's raining men" thats basically the equivalent here a female avatar singing about finding female prostitutes when maybe all the real her wants is the male prostitutes :P




loser bigwig band
By gorehound on 11/8/2009 8:12:55 PM , Rating: 3
I am a musician and have been playing in bands since 1972.I currently play in Big Meat Hammer (oldest punk band in maine) and also the lynn rebels.
I laugh at these loser bigwig corporate clowns.If my band was in some type of game like this I would not find "offense" if you put britney spears instead of me singing....a good song for that one would be our cover of GG Allin's "Bite It You Skum"....
These bigwig bands all have vastly inflated egos.anyways I do not nor will ever buy any corporate music or RIAA stooge artist.
Unbelievable what folks will do for lawsuits !!!




jesus christ....
By superunknown98 on 11/5/09, Rating: -1
RE: jesus christ....
By jaericho on 11/5/2009 1:56:21 PM , Rating: 5
If it were that simple. I hardly think No Doubt actually cares that their likeness was used. The problem is Activision is *making money* off of it and No Doubt isn't getting their cut.

Always follow the money.


RE: jesus christ....
By amanojaku on 11/5/2009 2:18:05 PM , Rating: 3
If it was just about money No Doubt probably wouldn't have said this:

quote:
"transformed No Doubt band members into a virtual karaoke circus act," singing dozens of songs the group neither wrote, popularized nor approved for use in the game.


quote:
the band alleges that Santa Monica-based Activision Publishing Inc., the maker of the game, far exceeded the contractually approved use of likenesses, or avatars, of band members Gwen Stefani, Tony Kanal, Tom Dumont and Adrian Young.


quote:
The suit also charges that the game allows users to manipulate No Doubt characters to sing songs popularized by other pop music acts.


quote:
"many of which include lyrics, contained in iconic songs, which are not appropriate for No Doubt and have not been and would not have been chosen by No Doubt for recordings or public performances."


quote:
"While No Doubt are avid fans of the Rolling Stones and even have performed in concerts with the Rolling Stones," the complaint says, "the Character Manipulation Feature results in an unauthorized performance by the Gwen Stefani avatar in a male voice boasting about having sex with prostitutes."


quote:
The suit says Activision executives withheld disclosure of the character-manipulation feature and refused the band's request to remove or disable it in conjunction with the No Doubt avatars after the band learned how they were being used.


quote:
The suit asks for unspecified actual and punitive damages, a temporary restraining order, a preliminary injunction and a permanent injunction against distribution of the game and for Activision to recall existing copies.
That's a lot of complaints about HOW their likenesses were used. If it was just about money they would simply count the number of instances WHERE they were being used inappropriately without having to delve into full details like "singing like a man". Additionally, No Doubt may have been satisfied with its avatars being configured to just sing its songs, but Activision said f*** off. Activision never said No Doubt asked for more money which is why we blew them off.

I do agree that this is ridiculous, however. I mean, who would believe Gwen is a man? And every game has customization features built around avatars. Disabling this would piss off a lot of gamers. Fer cryin' out loud, Quake had a bazooka-toting cow! No matter how ridiculous it is people like to switch up their avatars.


RE: jesus christ....
By nafhan on 11/5/2009 5:14:20 PM , Rating: 4
The more specific and persuasive their complaints are, the more likely they are to get money. In other words, even though they may have reason for being upset, it's still probably boils down to money.


RE: jesus christ....
By just4U on 11/5/2009 8:05:28 PM , Rating: 2
While I don't disagree .. the fact remains that they didn't sign on to have their likenesses used in that fashion. I'd say their complaints overall are legitimate.


RE: jesus christ....
By mcnabney on 11/9/2009 10:37:30 AM , Rating: 2
I am quite sure that the contract allows Activision to use them any way they want. I am going to guess that Gwen just saw a demo of her singing her own songs and forgot to ask any questions.


RE: jesus christ....
By consumerwhore on 11/5/2009 10:02:16 PM , Rating: 2
You would say the exact same thing if their complaints were vague and unconvincing...


RE: jesus christ....
By callmeroy on 11/5/2009 2:21:23 PM , Rating: 4
Its all about money basically, you can spin it and call it anything else you want to but all these star/celebrity crap about using my name or my picture w/o permission is all because of money.

When your career is being in the spot light as a performer like in a band or as a movie star your product is essentially "you". You are your own brand recognition -- in business dealings folks don't want their "brand" to be tarnished in fear it'll hurt selling their "brand" down the line to a different audience or venue.

That's essentially what all this type of stuff is about. Celebrities just think all us "average non-celeb" type folks are stupid and don't realize it.


RE: jesus christ....
By callmeroy on 11/5/09, Rating: -1
RE: jesus christ....
By Jalek on 11/5/2009 3:15:01 PM , Rating: 3
I know I'll never look at Gwen Stefani the same way again..
Now I'll just see a greedy, vain fool.

These people need jobs or something else to fill their time rather than worrying about a video game. Next thing you know, people will use the band's likeness in various games with skinnable options.

Wait, no they won't, this band's not that significant.


RE: jesus christ....
By Lord 666 on 11/5/2009 3:32:35 PM , Rating: 1
Always heard she was a tranny


RE: jesus christ....
By LRonaldHubbs on 11/5/2009 4:44:28 PM , Rating: 2
A tranny that has given birth twice?


RE: jesus christ....
By Camikazi on 11/5/2009 6:34:04 PM , Rating: 3
It's part of the cover up!


RE: jesus christ....
By Reclaimer77 on 11/5/2009 3:34:52 PM , Rating: 3
quote:
Singing a song about prostitues isn't a huge deal.


Yeah I love the irony. Gwen Steff, who dresses like a whore constantly and uses enough makeup to supply an all girls school for a year, complaining that her digital likeness is singing about prostitution.

Anyway who cares ? No Doubt hasn't been relevant since 1995'ish. If they weren't completely vain asses, like you pointed out, they would HONORED that anyone bothered coding pixels to represent them. Washed up no talent bubble gum pop crap band. If they didn't have an extremely hot whore as a lead singer they wouldn't be shit anyway.


RE: jesus christ....
By mcnabney on 11/9/2009 10:42:19 AM , Rating: 2
My daughter's dance academy did a very good ballet performance set to Gwens's Wind It Up. The dancers were dressed as wind-up dolls in an ensemble ballet routine. It worked very well. Should they be expecting a lawsuit too? Of course not, there would be no money and publicity in that. I just don't think there is any butthurt here.


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