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On Monday, a federal judge in Detroit denied to allow
the popular rock band The Romantics to go further with the lawsuit they had filed
a few weeks ago against video game publisher Activision.
In late November, the rock band
filed a lawsuit against Activision claiming that the cover of their song titled
What I Like about You and featured in Guitar Hero Encore: Rocks the 80s is
simply too close the original track. The band was asking for unspecified
financial damages and also for an injunction that might have pulled the popular
video game from store shelves. The studio that recoded the cover, Wavegroup
Sound, was also named in the lawsuit filed by rock band.
So, although The Romantics knew
that the video game publisher properly secured the rights to record the cover
track, they felt offended by how accurate the cover sounded. Similarly to other
cases, Activision had its team of studio musicians re-record the song for
inclusion in the game. And it seems Activision’s team did a great job, since
the cover sounded so close to the original. But, although that was Activision’s
point all along, The Romantics believed they could get some money if they sue
the publisher.
According to the statement from
the rock band’s lawyer, The Romantics felt that the cover track “infringed on
their trademark sound” and wanted to “share” in any “good commerce” generated
by the popular game.
But, the federal judge ruled on
Monday that Activision played by the rules; The Romantics should now temper
their feelings and understand that no law was broken, so a lawsuit was inappropriate.
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