Axl Rose VS Guitar Hero Lawsuit to Proceed

Not content with crushing reunion hopes for Guns ‘N Roses die hards, Axl Rose would like to ruin your kid’s favorite hard rock video game as well.

Mr. Rose is currently in the middle of a lawsuit against gaming giant Activision Blizzard for a cool $20 million regarding a breach of contract based on the video game Guitar Hero III. And if that wasn’t the kicker, the breach in question involved the game’s use of none other than ex bandmate, and sometimes enemy, Slash.

Rose appeared in a Los Angeles court yesterday regarding the lawsuit, according to The Hollywood Reporter, and although the judge allowed his breach of contract claims to go to trial, his fraud allegation – which also stem from the use of Slash’s image on the game – was dismissed.

Rose claims that although he and his Black Frog Music company signed off on “Welcome to the Jungle” with the condition that Slash not be featured in the game, Activision went ahead and featured the top hat rocker anyway – on the cover no less.

Axl Rose's breach of contract claim to proceed

Although the game in question was released back in 2007, Rose did not file the lawsuit until 2010. Activision says that the lawsuit came after the statute of limitations had expired although Rose countered that he didn’t file the case earlier because the company had made a series of lucrative business propositions “worth millions of dollars” which included a Guns ‘N Roses themed  video game that would feature songs from the band’s 2008 album, Chinese Democracy.

Activision added that Rose didn’t really have a leg to stand on since the company licensed “Welcome to the Jungle” from GNR Music, the band’s publishing company, which requires approval from Rose, Slash and Duff McKagan.

"Rose had no authority to enter into a license for 'Welcome to the Jungle' in his individual capacity because he does not own the song or the sound recording," Activision said in court, hence, he can’t sue against something he couldn’t legally enter in the first place.

Maybe Activision should have let Rose in on that before they agreed to his “no Slash” terms, but that might be why they went ahead and did it anyway. Regardless, the judge has allowed half of the case to move forward and is scheduled for February 1st, 2013, to take care of the breach of contract suit.


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