Monday, March 31, 2008

Harmonix/Activision Lock Horns Over Guitar Hero Royalties (WII)

According to a report in Variety, Harmonix Music Systems filed suit against Activision on

Monday for $14.5 million in Guitar Hero royalties. However, the Viacom-owned company

withdrew the suit on Tuesday night, with the Activision negotiations to continue out of court.

The dispute boils down to an agreement made with RedOctane (now owned by Activision). The

deal stated that Harmonix would receive a higher royalty rate if any Guitar Hero sequel used

Harmonix technology in any way. However, Harmonix was paid a lower royalty rate, which

doesn't sit well with the music game developer.

"(Activision) has failed to pay Harmonix its full share of royalties earned in connection with

Harmonix's essential and undisputed contributions of its intellectual property and technology to

the bestselling video game Guitar Hero III," said the suit.

Activision, for its part, asserts that it has paid Harmonix the appropriate amount of royalties for

Guitar Hero. "Activision believes it has made sufficient payments to Harmonix and the claims

otherwise do not have merit," said General Counsel George Rose.

Along with the money derived from retail sales, Harmonix asserts it has not been compensated

for money received from song downloads and in-game advertising. With more Guitar Hero

products planned in the future, Harmonix wants to stake its claim now. At the current royalty

rate, Harmonix says that it will be denied "tens of millions of dollars per year" that it believes it

is owed.



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