Metallica Suing Again

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Metallica Sues Red Octane/Activision & Harmonix for Copyright Infringement
Posted by: Andrew on Tuesday, August 14, 2007 - 12:49 PM

Attorneys for the Grammy award winning heavy metal band Metallica filed a lawsuit yesterday against Harmonix and Activision (who recently acquired Red Octane) for copyright infringement. The suit accuses the three gaming companies of illegally distributing copies of Metallica songs in the upcoming and highly anticipated games Guitar Hero III and Rock Band, both due out in late 2007.

The suit alleges that both companies planned to package and distribute Metallica music through their video games in what lawyers characterized as a "licensed music to player" system, or LM2P network. Metallica is fearful that album sales could decline if their fans were able to simply walk into any Gamestop or Best Buy and purchase an $80 video game that contained one of their songs.

"The band learned its lesson the hard way with file sharing in the late 90s," counsel for Metallica told reporters in a statement released soon after the filing. "This time they want to do a pre-emptive strike before the music gets out there."

Metallica's attorneys neither confirmed nor denied reports that they had issued subpoenas to major video game retailers asking for lists of customers who had pre-ordered copies of Guitar Hero III and Rock Band. When asked to comment, Gamestop representatives asked reporters if they were looking forward to Halo 3 and if they would like to maybe pre-order a copy to make sure they got one at the release.

Attorneys for the gaming companies named in the lawsuit were bemused by the lawsuit. "Our company paid a licensing fee to feature the track 'One' by Metallica in Guitar Hero III," counsel for Activision/Red Octane told reporters. "We don't understand why Metallica would turn around and sue us, unless they've gone from insane completely batshit insane since 2001, but we're confident that the law and our contracts will be enough to have this thrown out."

Harmonix was not available for comment as of press time.

Analysts in both the music and video game industry were confused by the move, especially since Metallica had previously announced inclusion of "One" on their website. Some speculate that the various arms of the band's crumbling media empire are so out of touch that they don't know what they have and haven't licensed, while others believe this may be one last desperate grab for attention from a band that has lost all cultural significance outside of reruns of "I Love the 90s" on VH1.

Harmonix and Red Octane worked out a profitable arrangement that resulted in the surprise hit Guitar Hero, released in late 2005. Red Octane provided the distinctive controller and Harmonix provided the game. The two companies parted ways in early 2007. Red Octane, now owned by Activision, is planning to squeeze the dying Guitar Hero franchise for every penny it's worth while Harmonix has gone on to work on Rock Band, seen by many fans as the successor to Guitar Hero in spirit, if not in name.

Metallica, for anyone who wasn't in junior high or high school between 1992-2000, was a heavy metal band that gained widespread popularity and critical acclaim in the early and mid-90s. The band infamously blamed file-sharing programs, which were quickly rising in popularity at the exact same time that Metallica was quickly disappearing from the mainstream consciousness, for the decline in their records, believing that it was Napster, not their own douchebaggery, that stopped fans from buying their albums.

Daily Gaming News will keep you updated as this story develops.

Paralipomenon

Let's sue our fans!

wow, are they being represented by the WTS legal team now?!?

JeffT

OK, on a closer reading I don't get it. My first thought (as a writer) was I could understand their wanting control of their product. But if they were paid a licensing fee, they got their money.

Maybe they do have a bit too many chemicals on their brains.

Scully

they've gone from insane completely batshit insane

I'm LMAO over this comment.

Abaddon

Metallica are up there with U2 and the Manic Street Preachers for being bands that are utter wank who have made some good music.

All three bands run the risk of generating a singularity that will pull the Earth into a black hole when they disappear up their own arses one day...

sixsixsixtynine

Um, kinda reads like satire to me.

Leolaia

Metallica is fearful that album sales could decline if their fans were able to simply walk into any Gamestop or Best Buy and purchase an $80 video game that contained one of their songs.

What bollocks! A gamer kid says, "Oh wow, what a cool song this is, who is it by? Metallica? Cool! Rocks hard, dude! I guess I like this song so much I won't buy any of their albums! After all, I already have the song thanks to Guitar Hero and that makes me NOT want to check out this new band that I really like...."