“Music Simulation” Patent Unsuccessful, Gibson Mucks Up Own Case

Simulated guitar? Gibson gets carried away, but the law wins. Photo/bento creation (CC) Sakurako Kitsa.(Yup, this is a Fender Strat, but this is my kind of simulation of a musical instrument – in cheese form!)

Gibson, the guitar company, has been on an utterly absurd campaign against music games, bringing lawsuits against the developers of both Guitar Hero and Rock Band and even against retailers. In the latest illustration of how screwed up patent law is, and just how over-litigious it has made technology in this country, the patent was based on a Gibson patent for a “System and method for generating and controlling a simulated musical concert experience.” Never mind that Gibson’s patent looks nothing like Guitar Hero, or that if interpreted that loosely, Gibson could theoretically sue any music software maker.

See my previous break-down of the patent and the twisted logic of the case:
Gibson Guitar to Guitar Hero Maker: We Own All Digital Musical Reality

And following development:
Gibson Guitar Loses Mind, Sues Entire Planet

Our friend Nilay Patel gets the scoop at Engadget that Gibson has lost its Guitar Hero case in California US District Court. Engadget also has a PDF of the decision:

Gibson loses Guitar Hero patent lawsuit, gets booed off stage

You can read juicy bits in the final ruling (PDF):

  • Gibson’s own counsel withdrew from the case after the guitar maker refused their request for information. That’s right: Gibson wasn’t cooperating with their own lawyers. (Gibson later was represented by different counsel.)
  • Gibson’s own corporate general counsel didn’t respond to requests from the court.
  • Gibson started trying to force third-party Activision system providers to provide short-notice depositions, much to the dismay of the court and ACtivision, given Gibson’s own lack of cooperation.
  • Gibson tried to use a YouTube video of a Guitar Hero hacker on the record, which the court found irrelevant (and, I think, laughable.)
  • Gibson variously tried, unsuccessfully, legal gymnastics by which it could redefine musical instruments to enforce its ultimately irrelevant patent.

read more

Wii Rock Band Controllers + Mac: Use junXion, Game-to-MIDI Controller Tool

A new version of Rock Band (for Wii) means still more ways to turn these game controllers into musical or visual performance instruments. Jordan Balagot writes with some hands-on experience using junXion, a wonderful tool for adapting game controllers to MIDI or OpenSoundControl. (junXion also works with Wiimotes and nunchucks, audio inputs and pitch sensors, joysticks and standard USB devices, and much more, so even if this bores you, you’ve probably got some use for it.)

Jordan says:

I tried plugging in the Rockband for Wii guitar and drums into my mac and Junxion recognized them perfectly. This seems to be the easiest solution for turning the rockband instruments into real instruments because it has low latency and the Wii instruments are already USB.

Full instructions at his blog:
Turn Wii Rock Band Instruments into Real Instruments with Junxion

junXion is wonderful, though that EUR75 stings here thanks to the weak US dollar and the fact that we have fewer grants and have to pay for health insurance and hospital visits and whatnot. (Especially any Wii-related injuries.) There are other ways of getting at this data, as it’s USB HID — try Osculator on Mac or GlovePIE on Windows, not to mention HID input in Max/MSP and Pd. That said, junXion remains a very powerful option and worth a look.

Other Rock Band controller tips?

We’re still anxiously awaiting what our friend David Lublin of VJ app developer vidvox does with his — as pictured below. (He was searching through createdigitalmusic looking for tips, so, erm, I’ll be sure to update the site with whatever he finds!) Expect some drum kits triggering videos. (Photo by Todd Thille.)

Refresh: Asides

The Onion on Gibson’s Guitar Hero – Rock Band Lawsuits

American voices respond.

“Finally, the name Gibson will be synonymous with fake guitars.”

Gibson Sues Over Guitar Hero

Thanks, Patrick.

Gibson Guitar Loses Mind, Sues Entire Planet (But Wii Rock Band Should Be Fun)

Gibson headquarters. I’m sure some rational thought is going on in there, but search me to tell you what the (*&$# that thought is. Photo via mmwm

Gibson Guitar may require a new column here on CDM, titled something like “what the $&*((*&$ can you possibly be thinking??!”

Sure, it was strange enough when Gibson started a patent dispute with Guitar Hero game developer Activision because it claimed to own the patent for anything “simulating a musical concert experience.” (Jeez, I’m glad Gibson hasn’t been to a couple of my gigs.) Never mind that their patent involved pre-recorded concert footage and a head-mounted virtual reality apparatus and had no similarity whatsoever to Guitar Hero. Never mind that they’ve waited years into this franchise, almost a decade into their patent, and over a decade into music games to both to notice.

Now things get weirder.

Gibson is suing Harmonix, developer of Rock Band. (Unlike Guitar Hero, Rock Band appears to lack a Gibson instrument license — but the suit covers Gibson’s supposed game patents, not Gibson’s guitars.)

And they’re suing Viacom, because Viacom is Harmonix’s corporate parent.

And they’re suing Electronic Arts, the publisher.

And they’re suing GameStop. And Amazon.com. And Toys ‘R Us. And Target. And Kmart.

And they’re suing Wal-Mart. (Oh, I’m sure that will end well. I can’t imagine Wal-Mart is a big outfit with armies of lawyers or anything like that.)

read more

How to Use Rock Band Controllers (And More) with GarageBand, Mac

Bill Pendry wanted to use his PlayStation 3 Rock Band controllers with GarageBand on the Mac, so he’s posted step-by-step instructions to do just that. The secret formula: a wonderful utility that helps you use HID-compatible game controllers on the Mac, sans drivers.

GamePad Companion (US$15 shareware)

Of course, the nice thing here is that the basic steps apply to other controllers, just in case Rock Band doesn’t float your boat (or rock your socks, or whatever).

I ended up choosing kick, snare, two toms and one cymbal, since the other cymbal I wanted was in a inactive area of the keyboard. I re-mapped the keys in GPC, switched back to GB and gave it a try. Success! Samples were triggered correctly, the fast key repeat rate didn’t cause any problems, and latency was basically nil.

The results:

And step by step instructions:
GarageRockBand [billpendry.com blog]

More good news: Bill has updated the post with information on Xbox 360 controller possibilities. Generic Xbox controllers work just find via the Wireless Gaming Receiver. No word yet on the Rock Band controllers, though, and I think they do a little more than the standard controllers. Anyone got an Xbox 360 and a Mac who can tell us if it works?

Previously:
Game Day: Use Rock Band Drums as MIDI Controller – Windows, Yes, Mac, Soon? (and I guess we got our answer!)