According to the Hollywood Reporter back in August 2012, a hearing was held in a Los Angeles courtroom concerning a $20 million lawsuit brought by vocalist Axl Rose against Activision Blizzard for featuring former GUNS N’ ROSES bandmate Slash in Guitar Hero III.
By the end of the hearing, the judge indicated that he was going to toss Rose’s fraud claim but allow his breach-of-contract claim to continue, setting up a potential trial in February. 2013
The Hollywood Reporter has issued a follow-up here stating that, at a summary judgment hearing on Thursday (January 31st), Los Angeles Superior Court Judge Charles Palmer reportedly indicated that he is inclined to dismiss Rose’s $20 million lawsuit against Activision Blizzard for fraudulently inducing him into authorizing ‘Welcome to the Jungle’ for use in the popular video game. At the conclusion of the hearing, according to an attorney involved in the case, the judge took the matter under submission.
In the lawsuit, Rose claimed he was told during negotiations that the game wouldn’t feature any reference to Slash, the guitarist with whom he has been famously feuding for two decades.
The possibly fatal problem for Rose was not moving soon enough on the allegations.
The singer’s lawsuit wasn’t filed until late November 2010 — more than three years after the game October 2007 release. Rose has had difficulty claiming that he didn’t discover the problem at an early stage. According to documents filed in the case, Rose’s agent sent Activision an email objecting around the time the game came out.
During the course of the case, Rose attempted to explain why he hadn’t filed a lawsuit right away.
“The reason I did not file a lawsuit is because Activision — through my managers and representatives — offered me a separate video game and other business proposals worth millions of dollars to resolve and settle my claims relating to GHIII,” he said in a deposition. “From December 2007 through November 2010, Activision was offering me a Guns N’ Roses-dedicated video game, a game dedicated to music from the Chinese Democracy album, and other proposals.”
Palmer is inclined to rule that the agreement relied at least on oral promises and was subject to a two-year statute of limitations. “The only extrinsic evidence supports Activision’s interpretation and does not support Rose’s interpretation,” the judge ruled in a tentative order that was recorded by a legal newswire.
A full decision should be coming within weeks.
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