The U.S. District Court for the Central District of California has issued a ruling that Activision’s Guitar Hero franchise does not infringe on a 1999 Gibson patent covering simulating a musical performance using a 3D headset display and stereo speakers. As, it seems, with any legal action regarding guitar maker Gibson, the procedural path of the case has been rife with hiccups, mis-steps, and obstinacy, but the court has finally ruled that Guitar Hero is in the clear because “Guitar Hero controllers are toys that represent other items,” rather than being musical instruments themselves. Furthermore, the court found that Gibson’s patent applies only to virtual instruments that produce some sort of analog audio output: instruments which produce MIDI data aren’t covered.
