More From No Doubt’s Attorney On Band Hero Case; Band Will Appear in Court

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Well it seems like the Activison case seems to be heating up already and it’s not scheduled to go before a jury till later this year. Since 2009, the band had pressed charges and moved to sue Band Hero creators, Activision, over the use of their avatars throughout the game — which was not in their contract. The judge has granted the case to go before a jury, scheduled for October, and it’s been revealed that members of No Doubt will testify in court against the game makers. The band’s attorney, Bert Deixler, spoke with OC Register about the suit and says that the Activision was able to put a code in the game to lock the characters from being played throughout, but they chose not to. The band is suing the company for breach and contract and fraud. They are looking for sales to be stopped for the game and back compensation. The band apparently was paid $500,000 for 3 songs (“Just A Girl”, “Excuse Me Mr.” and “Don’t Speak”) though their avatars perform 63 in all. We will keep you updated with the case. We wish No Doubt the best of luck with their suit later this year.

OC RegisterA Superior Court judge’s ruling will allow a lawsuit filed by the band No Doubt against a video game publisher to proceed to a jury trial, set to begin in October.

No Doubt filed a fraud/breach of contract law suit against the video game maker, Activision, in 2009 over the use of the band’s likenesses in the popular game Band Hero. In the game, players perform songs by popular bands – playing as band members.

Players can play three songs by the Grammy Award-winning band, which has roots in Anaheim: “Just a Girl,” “Don’t Speak” and “Excuse Me Mr.”

The band’s attorney, Bert Deixler, said No Doubt members were unaware game players could portray a No Doubt band member and perform non-No Doubt songs.

“You could have (band member) Tony Kanal singing “Just a Girl” in Gwen Stefani’s voice,” Deixler said. “Or you could have Gwen singing ‘Kung Fu Fighting’ with those horrible racially insensitive lyrics.”

When the band discovered the variations, Deixler said it asked Activision to make changes.

“We know that there’s a way to put in a line of code to lock it,” he said. “They made an internal business decision to do it anyway. So we sued them.”

On Tuesday, Los Angeles Superior Court Judge Ramona See rejected a motion by Activision to throw out the entire case, claiming the lawsuit violated the company’s right to free speech through creative expression.

Deixler said the key point is not expression – but that Activision violated the terms of its contract with the band.

“It makes us looks like goons, and it’s harmful to our brand,” Deixler said.

Band members will attend the jury trial and testify. Deixler said No Doubt is asking for sales of the game to be stopped, as well as unspecified monetary recompensation.

“We’re working on our monetary demand, but it’s in the neighborhood of $10 million,” the lawyer said.

“Activision paid $500,000 for three songs. The avatars are able to perform in 63 other songs.”

A lawyer for Activision did not return messages asking for comment.

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