“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.

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Compression Lovers: Free Audio Damage Plug-in, Ableton+Reaktor Trick

Sure, we may live deep into the future. High in our Blade Runner apartment studios, we use androids for all of the vocals. Yet we still have that occasional need for good, old-fashioned compression. Like the soy-based dinners we microwave and the synthehol beer we wash it down with, it has to be simulated.

Audio Damage has earned its cult following thanks to inexpensive plug-ins with no-nonsense controls that just seem to fit into projects. So it’s nice to see his new, free Rough Rider compressor. Simple controls, a slight vintage tint, and crankable parameters – not the “careful with that, too far, total destruction!” feeling you get from, say, the unpredictable compressors included with some hosts.

I see on Twitter that Tom from Music thing likes Rough Rider, and he’s a hardware guy, so that’s a good sign. That means he didn’t just eBay some ancient, slightly irradiated piece of Russian equipment.

Rough Rider Download Page @ Audio Damage [Mac, Windows – yep, a free Mac plug-in!]

Via the Ruin & Wesen blog, here’s another way to approach compression in Ableton Live. Live may instantly make you a remix artist or loop addict, but it can’t turn you into a mastering engineer. That means you can either apply science (blech!) or complete voodoo. We choose a culture of voodoo.

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