Unforgiven: Metallica sues Red Octane, Activision, and Harmonix *UPDATE*

Unforgiven: Metallica sues Red Octane, Activision, and Harmonix UPDATE

Posted Aug 15, 2007 at 1:33AM by QJ Staff Listed in: Wii, PS3, Xbox 360 Tags: Activision, Harmonix, Metallica

Unforgiven: Metallica sues Red Octane, Activision, and Harmonix - Image 1

Originally posted on August 14, 2007 at 02:20PM

Harmonix confirmed back in July that the legendary rock band Metallica is coming to Rock Band (PS3 and Xbox 360). Also earlier this month both Red Octane and Activision came up with a similar announcement for Guitar Hero III that is scheduled to be released on Nintendo Wii, PlayStation 3, and Xbox 360 platforms.

But what's this? We just got word that Metallica is currently suing the above mentioned companies for copyright infringement. According to the band's lawyer, what the three companies is planning to do is actually under the "licensed music to player" system otherwise known as LM2P network.

Harmonix wasn't able to provide an initial statement regarding the matter but the counsel for Red Octane and Activision had this to say:

Our company paid a licensing fee to feature the track 'One' by Metallica in Guitar Hero III. We don't understand why Metallica would turn around and sue us, unless they've gone from insane to completely bats*** insane since 2001, but we're confident that the law and our contracts will be enough to have this thrown out.

Metallica's counsel, on the other hand, explained that the band is fearful that album sales will decline because consumers can easily get hold of their songs just by purchasing video game titles. The lawyer added, "The band learned its lesson the hard way with file sharing in the late 90s. This time they want to do a pre-emptive strike before the music gets out there".

UPDATE:

Over on the Harmonix's forum boards, HMXSean, one of the community forum leaders, chimed in with an important announcement, stating that the article originally written by Daily Gaming is false.

According to the forum post, HMXSean said, "In no way is this true. It is well written satire but it is very much satire."

HMXSean has since closed the forum post, disallowing comments. You can, however, read about it at the forum link we have below.

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Comments

# . — Guest 2007-08-14 09:24

Beer good, Napster baaad.

# wow — Guest 2007-08-14 09:24

i guess metallica doesn't make music to be heard, only to be bought

# LOL!! — Guest 2007-08-14 09:26

so great... also as cartman would say "you're breaking my balls here!"

# I used to like metallica — Mister Common Sense 2007-08-14 09:27

They were my favorite band after the black album of the early 90s.

Then they got all sue happy.

Then they went from hard metal to "crap rock."

Now they just suck. Suing a game maker after they already paid for the rights, how low. No wonder Newstead quit.

Nobody is going to buy the album because they now suck and sue everyone, not because the song is in a game. Fu*king idiots.

# What the — Guest 2007-08-14 09:33

*****?!

I can't *****ing stand Metallica anymore. Album sales would rise if they are on these games. They really are just a bunch of old idiotic *****s!!! It reminds me of the bull***** psa Lars did a fews back against Napster on the MTV awards. They are pieces of crap. I can't believe as rich as they are they want more. Greedy pig bastards.

It makes it impossible to enjoy their music.

# metal licker — Guest 2007-08-14 09:33

f uck metallica, they are always suing everyone, and they are *****e! these noisy wankers should buy the farm!

# Does anyone remember.... — Guest 2007-08-14 09:40

...that Metallica basically got their start due to people sharing bootlegs of their songs, back in their early days?

I guess they sure don't.

# Fake — Guest 2007-08-14 09:44

I can't believe this to be true. This is beyond *****ing retarded. Someone is pulling your leg.

# Icallshens — Guest 2007-08-14 09:49

I'm going to give Metallica the benefit of the doubt and say this is probably fake, especially considering that the original announcements about the songs was put up on their website in the first place, and the article gives no source for their claims.

# yeah! — Guest 2007-08-14 09:50

Man what are they thinking? What a bunch of washups.

# hmm... — Guest 2007-08-14 09:53

F*ck Metallica, keep file sharing.

Get a real job Metallica geezers, then you wouldn't have to worry about people not buying your album.

# ? — Guest 2007-08-14 09:55

again?

# Great — Guest 2007-08-14 09:56

I think it would be magical if Matalica got into a plane and flew over the bermuda triangle...never to be seen (or heard) again.

# i used to like metallica too... — Guest 2007-08-14 10:19

hey, i totally agree with you, i used to be a fan too.

This is just ridiculus...

# Amen — Guest 2007-08-14 10:28

Metallica proved they're as badass as a nun when they wouldn't stop *****ing about people stealing overpriced songs from multi-millionaires. Eat sh*t and die, like all hair-bands should have; the 80's are over.

# 666 — Guest 2007-08-14 10:34

WFT? Are you that stupid?

# ***** YOU LARS — Guest 2007-08-14 10:34

I think Lars is crying again. ***** you lars go sale some of your *****ty paintings

# Metallica — Guest 2007-08-14 10:38

They are stuck in the dark ages of music and will be left behind. What a bunch of idiots!

# this is wee-tall-did — Guest 2007-08-14 10:38

The three companies bought rights to the song(s) so they could re-record their own versions of the songs. It's not like people are going to listen to 'One' on GH3 and think "Wow, this is soooo much better than the real version. I'm never buying original Metallica music ever again!" Most people have already given up on buying Metallica albums altogether, thanks to their years of *****ing.

# hahaha — Guest 2007-08-14 10:40

they suck anyway

# not true — Guest 2007-08-14 10:52

http://www.n4g.com/News-59225.aspx Even do they sux Its not true there not suing anyone

# Greedy. F***ing. Idiots. — Guest 2007-08-14 10:54

"the band is fearful that album sales will decline because consumers can easily get hold of their songs just by purchasing video game titles"

yeah, that's right metallica, people are going to go out and pay $50 for a video game that contains one of their (crappy) songs, rather than pay $15-20 dollars for an album full of their (crappy) songs.

this is so stupid i could almost believe it is fake, its just that i've seen too many examples of metallica's greed that i can't help but still believe it.

# I agree — Guest 2007-08-14 10:55

Metallica Sucks balls the should be ban from playing heavy Music

# i think they should write a book — Guest 2007-08-14 11:00

and they should call it "How to Kill a Fanbase"

Seriously, if they didn't suck so much, maybe ppl WOULD buy there albums. Maybe u shouldn't have wasted ur money on booze and drugs, now get a job wanker, or I'll sue you for your music making me f***ing nautious

# Wait, what — Mattroid 2007-08-14 11:02

This has got to be a bad joke or publicity stunt. I mean, this is retarded, even for them.

Wait, I need to remember who we're talking about here...

# Did Suck, Still suck, always suck — Guest 2007-08-14 11:09

Mebbe it ain't true, but it sounds like something these old turds would do. My god I 've hated this band sine I was 21 in 1981. Hell, I;m retiring soon.

Give it up you old fartknockers! You peaked before Beavis and Butthead!

# what a bunch of winners — Guest 2007-08-14 11:11

i agree. metallica used to one of the best metal bands. now they are one of the best posers complaining about music that they can't even write anymore. they should be f'in happy that someone is still listening to their music. hey i know maybe if they would grow up and get their lazy asses out of a chair and write a damn decent song the world would give them some credit again.

Metal forever...Metallica....maybe someday.....

# declineing sales lol — Guest 2007-08-14 11:36

they say they are worried about a video game declining sales?!?!

wtf?!? lol

if anything causes their sales to decline it will be the fact that most hard rock fans look down upon crybaby b!tches

# Metallica — Guest 2007-08-14 11:37

Haha

# how dare you ffuukkrrz try to sue the game developers — Guest 2007-08-14 11:38

metalica stop whinning like little BBIITTCCHZZ, they payed for the rights to the song and if you guys think people wont buy your cd because of 1 song then you guys are absolutly being moneygrubbin asssholes.I use to respect the band and now i know they are materalistic money hungery prick *****n *****s with little class,good going you wunch od DOOSH BAGS.

# yes... — Guest 2007-08-14 11:42

LAWSUITS GALORE.

Thanks to bands like Metallica, the USA takes another fall with retarded lawsuits and the likes. Thank the American dream.

BTW, Metallica ain't wut they used 2b

# Fake — Guest 2007-08-14 12:00

This is obviously fake. Even if the band was that dumb, their lawyers would not allow this to come to a lawsuit.

# Big hello from FARK! — Guest 2007-08-14 12:48

you guys have until 9:12 PM EST before this story hits the main page at Fark.com ... expect a flood of traffic. It's a wee bit of a cyberspace rite of passage.

# Lines must be crossed — Guest 2007-08-14 13:08

Guitar Hero III is advertised on the official metallica website. Quite enthusiasticall y. And it was posted 2 weeks ago.

http://metallica.com/index.asp?item=600358

# Rock Band too — Guest 2007-08-14 13:10

Rock Band was announced on Metallica.com back in early July.

http://metallica.com/index.asp?item+600308

# Obviously satire — Guest 2007-08-14 13:27

"When asked to comment, Gamestop representatives asked reporters if they were looking forward to Halo 3 and if they would like to maybe pre-order a copy to make sure they got one at the release."

very funny...

# Metallica are Gods! — Guest 2007-08-14 13:27

***** all you *****suckers. Go listen to My Chemical Romance and slit your wrists. Metallica rules!

# The problem — Guest 2007-08-14 13:42

1) Does Metallica even realize that they licensed the song to a video game company? Didn't they get the check (over simplified)? Perhaps RIAA took Metallica out for burger and fries and didn't realize that was the compensation for the license of their song.

2) Really; people aren't going to spend $80 dollars to pirate a song off a video game. What is the difference of buying a $80 game and trying to find the audio file to pirate. VS. Buying a CD and ripping the audio from that disc? Ripping from a CD is easier for the average person.

Got a tip from Trent:

Trent Reznor Challenges Music Norms

http://apple.slashdot.org/article.pl?sid=05/04/16/1417205

Now Metallica; learn from the other kids and play nice. For what it is worth Metallica:

I have stopped buying mainstream music because your industry:

a) Sues people: IE FANS

b) puts out crap for music and expects people to buy it.

c) RIAA is greedy. $17-30 for a CD? Are you serious? DVD's have come down in price from $40 to $10-20. The prices of CD's have done nothing but climbed since its inception. Over time technology gets cheaper and prices come down; not so with RIAA.

Sum it up: suing fans, crappy music that is over priced.

All independent music for this old man. Yes; I buy CD's; kiss my money gooooooood bye.

# "pre-emptive strike before the music gets out there". — Guest 2007-08-14 13:48

What a joke, a pre-emptive strike. It has taken me all of 4 seconds to find the torrent that contains every single track Metallica has ever made.

Obviously they licensed the track cheaply and didn't realise how big these games are going to be and are backtracking all they can in order to renegotiate the agreement.

I always thought their music was somewhat contrived and, to put it badly, fake. Their suing is just further illustration that how they act in life is in no way shape or form what they say in their music.

# Fake — Guest 2007-08-14 14:03

Confirmed to be a fake

http://n4g.com/industrynews/News-59225.aspx

# so — Guest 2007-08-14 14:12

even if it is fake they are still *****-sucking has beens

# please — Guest 2007-08-14 14:34

so album sales are going to decline because it's going to be very easy for people to steal metallica music from a $90(aud) game? riiiiight.

they seriously need to get over it... people are downloading their music all the time... and i would hardly call guitar hero a culprit!

# You guys are complete idiots — Guest 2007-08-14 14:36

Of course you guys will believe anything that's thrown at you without the real facts.

typical ps3 fan *****....

# Is metalica that hard up for money? — Guest 2007-08-14 14:41

I have the black album and S&M and mabie another but why don't they want there song is in a game. Mabie people will love the song on guitar hero and say man I have to get more of there music, mabie I'll buy a cd.

# crap — Guest 2007-08-14 14:44

They should also sue the internet

honestly they're lucky to have someone willing to put the crap they're making nowadays in a game

# fake — Guest 2007-08-14 14:44

FAKE!!!!

# come on! — Guest 2007-08-14 14:50

this is obviously a fake article. I hate metallica *spits* as much as the next guy, but this is totally not true. A lawyer is not going to use profanity to describe someone. Metallica *spits* sux, but so does this fake article.

# Yeah... — Shatterdome 2007-08-14 15:02

Officially the cheapest band in history....damn I hate them...

# also — Guest 2007-08-14 15:10

It's not like u can take the album from Guitar hero 3 and pu it on ur ipod! It's just for in game... these idiots must be retarded

# It's fake — Guest 2007-08-14 15:20

Harmonix has said that this is fake on the Rock Band Forums.

# so gullible — Guest 2007-08-14 16:47

Everyone here is so gullible to believe this.

you are all morons. It's obviously fake, just like the story that they sued a band for using the chord E.

# GTH3 — Guest 2007-08-14 18:09

i agree..... why da ***** would somebody buy a $50 game just to listen to one of metallica's songs?? how in the world are their album sales going to decline?? lol this is extremely ridiculous. IDIOTS.

# YOU ARE ALL F AGS! — Guest 2007-08-14 18:49

Go metallica! if they stole their songs then they should sue and all you people who said they are washups need to find a ***** to ***** all night because you are poor losers who live in trailer parks! ***** you!!!

# fdsafdsa — Guest 2007-08-14 18:52

SHUT UP ITS FAKE YOU BLOODY MORONS.

# Probably — Guest 2007-08-14 19:39

This would be so ass-surd that I cannot believe it. Metallica is not my favorite band, but none the less a great band. If it is true, I am going to sue my work for my artistic creations that I've already been paid for.

# Suing — Guest 2007-08-14 20:38

Wow, you guys here are smart. You all belive this?? This is 110% fake bull*****

# You D-Bags — Guest 2007-08-14 21:42

Everyone fell pretty hard for an obvious parody. Nice work chumps.

# At least it's fake — Mister Common Sense 2007-08-15 00:02

OK they're not totally stupid.

The new music still sucks though.

# Might be master track — Guest 2007-08-15 01:15

Acording to wikipedia (not the most reliable of sources) they are going to use the actual One master track and not re-record a new version as you said.

But anyway the updates says that this was all made up so it doesn't matter.

# yup — Guest 2007-08-15 01:55

Yup, and this is why i hate metalica and their music.

# wow — Guest 2007-08-15 02:39

Did any of you guys even read the bottom paragraphs??? ITS FAKE SO QUIT *****ING!

# metalica — Guest 2007-08-15 04:49

METALICA RULEZ

# Me too — Guest 2007-08-15 06:10

but after St. Anger they have nothing to fear from people stealing any new music from them.

# What. The? — Guest 2007-08-15 06:50

***** the *****ing *****ers who made this up. Low-life pieces of crap. My favorite band sueing my second favorite game company. Get out.

# Even tho it isn't true — Guest 2007-08-15 07:08

i don't really care, i still think they suck. cry about it.

# Metallica suks anyhow — Guest 2007-08-15 08:48

Hey "Greedy. F***ing. Idiots." you hit it right on . Who would pay 50$ for one of their *****ty songs.

Metallica is the *****tiest band ever,and b/c they don't sell many record's, they need to find another way too make money by sueing people.

# wtf — Guest 2007-08-15 08:52

IT'S ONE GOD DAMN SONG. Jeezus, Metallica, get over yourselves. I'd rather have The Mars Volta or Tool anyway.

# Why the article was believable: — 3vi1 2007-08-15 09:09

The fake article was believable because that's exactly the stupid kind of bull***** we've come to expect from Metallica.

If Metallica wonders why they don't sell albums like they used to, I can make it simple for them: A lot of people like me, who had all your albums and really liked them, pledged to *never* buy anything else from you guys when you millionaires went whining to congress.

If you had used your clout to push the record companies into coming up with a viable alternative electronic sales/distribution system (there was no iTunes equivalent back then, and certainly no legal non-DRMd vendors) you could have been heroes and we'd still be buying your crap. Instead, you came off as money grubbing whores and we never forgot.

That's how you're going to be remembered by history, too.

# Yeah — Guest 2007-08-15 09:46

This is why since the 90s I've decided that I will never go to a Metallica show, download and pay for their music, or buy a cd of theirs ever again. My disdane for them is such that I'll turn the radio off so is not to listen to them. In short ***** METALLICA

# Fake Though — Guest 2007-08-15 10:02

Lol, this is fake, Harmonix Confirmed it. and Now metallica sucks, but they used to be good :)

# Wow — Guest 2007-08-15 10:23

Why does it matter i think that we can all well say that Metallica sucks anyways.

# you dumb f***s — Guest 2007-08-15 10:56

apparently people are not the brightest. the first time i read this i knew it was fake. i didnt need an update for that. why would metallica sue for using their song after posting on their official and fanclub websites that the song would be on the game. i dont know whats worst, this article or the people believing the article.

and to the guy who said that One is a crappy song from a crappy album, you are probably the stupidest of all. that is one of metallca's best selling albums and their best song on the album.

by the way, from 1986-1994 metallica was probably the number one rock/heavy metal band. now i guess everyone likes listening to emo crap about breaking up with your girlfriend in the 10th grade and it takes 5 years to get over it. wtf is with that crap

# LOL — Guest 2007-08-15 12:09

"now i guess everyone likes listening to emo crap about breaking up with your girlfriend in the 10th grade and it takes 5 years to get over it. wtf is with that crap"

That crap is selling at record rates and is better than Metallica's garbage. I'd choose talking about old pu$$y over standing in a pit of snakes anyday...at least I can still get at it. BTW, I hate the way emos dress since those girl pants don't give them any @ss whatsoever. LMAO

TAKE THIS INTO CONSIDERATION: Metallica was paid in private to not sue.

What makes you think that they wouldn't? Metallica members have families to take care of. They need to make money..the easiest way to make money is to sue with a retarded ass reason. In order to not mess up their rep, they must have gave up on the lawsuit...or they were paid a settlement. THEY DID TRY TO SUE!

# metallica sucks — Guest 2007-08-15 13:10

metallica really sucks i have no respect for them they have no talent what so ever

thank you i had to vent a little

# This makes complete sense. — Guest 2007-08-15 13:19

After all, video games cost less and are easier to pirate compared to an audio CD...not

# FAKE!! — Guest 2007-08-15 14:43

As if a band who has sold over 100 million albums and is Americas 7th highest selling act EVER!!

Its bull*****

# Wanker — Guest 2007-08-15 20:02

You're a douche, just like MCR and Metallica.

# Gullible idiots — Guest 2007-08-16 03:59

It's hilarious how gullible so many of you imbeciles are. This is great entertainment. You guys need brain transplants. Seriously. You believe everything you read or here. That means you are stupid. Very, very stupid. Almost brain-dead. You truly need to go to the hospital and have your brains operated on ASAP.

# Metal Icka — Guest 2007-08-16 06:20

Sure, I believe that lawyers always use the term bat***** insane when talking to the press.

Riiiiiiiigggggh hhhtttt..........

# Not really... — Guest 2007-08-16 08:25

It says something about metallica that we'd all believe this, not about us. It really doesn't seem that outlandish.

# morons — Guest 2007-08-17 02:18

the story is not real you idiots. That makes no *****ing sense. In this day where every idiot with a keyboard is a journalist, do some *****ing research before you say a bad is uing everyone

# GAY — Guest 2007-08-21 05:59

Metallica are sell outs Megadeth kills Metallica

# Metallica Ha — Guest 2007-08-22 15:52

yeah metallica was ok in the Older days because they Stole all of there Music from Dave Mustaine Which is the maker and Leader of megadeth,

He used to be in Metallica in the begining but he would get drunk and beat there ass so they kicked him out and stole most of his music.

But megadeth will Always be better than Metallica.

Metallica really sucks and they have since 1990

come on compare there Black Album to Megadeths Rust In Peace any person in there right mind will see whos better.

# Yeah ok whatever — Guest 2007-09-02 11:08

LOL as soon as i heard that metallica was sueing, i new it was a load of *****. I mean afterall, One on GH3 is a master track, and for those of you who dont know what i mean by master track, it means metallica is goin to be playing the song for Red Octane so they can sync it to GH3

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