Activision Files Countersuit Against No Doubt

Responding to last month's lawsuit filed on behalf of the band No Doubt, Band Hero publisher Activision has filed a countersuit claiming that the group has failed to live up to its contractual obligations. According to the suit, (from the Hollywood Reporter, by way of Game Politics) No Doubt was paid to appear in the game and perform promotional duties alongside it, and that the band refused to do so while pocketing the money. Those duties included press interviews and participation in video “shout-outs.”

The suit, which can be viewed here, does admit that the band made clear that it was unhappy that its likenesses could be used in other artists' songs, but that such objections were made after the game was already beyond the development process and well along the way to submission. In addition to trying to recoup the money the band allegedly still holds from the game, Activision is seeking legal fees and other damages.

It's an interesting case, in part because we don't have a clear picture of who exactly is in the right. Activision may have inadvertently bolstered No Doubt's claims that the band was clearly not happy with how the band was represented in the game before the game shipped. And if the band expected players to be able to perform a few No Doubt tunes as the group, it would be disconcerting to see frontwoman Gwen Stefani bellowing out an unrelated song in a male voice. The language in the contract certainly seems vague enough for both parties to have a decent case. The contract gave a clear window for the band to approve its likeness, though it doesn't seem to take into consideration just how exactly those likenesses could be used in the game. We'll have to wait and see what the courts decide.