According to The Hollywood Reporter
, a Los Angeles judge threw out GUNS N' ROSES
singer Axl Rose
's fraud claim against game publisher Activision Blizzard, Inc.
for using a GUNS
song in its "Guitar Hero III: Legends of Rock"
video game, but allowed Rose
's breach-of-contract claim to continue, setting up a potential trial next February.Rose
claimed in his $20 million lawsuit that the company's use of the GUNS
song "Welcome To The Jungle"
in Guitar Hero III
violated an agreement the publisher made with him not to use any images of former GUNS
in the game.
The suit, filed in November 2010 in Los Angeles Superior Court, alleged that Activision
to authorize the use of "Jungle"
by telling him that the game would not feature any reference or mention of not only Slash
, but his post-GUNS
band VELVET REVOLVER
. According to the suit, "(Activision
) began spinning a web of lies and deception to conceal its true intentions to not only feature Slash
prominently in GH III
but also promote the game by emphasizing and reinforcing an association between Slash
and GUNS N' ROSES
and the band's song 'Welcome to the Jungle'
apparently found out that a character resembling Slash
would appear in Guitar Hero II
and immediately refused to allow "Jungle"
to be used, but claims that Activision
lied to him and said the image was just being used for marketing purposes. However, the singer became enraged when he got a copy of Guitar Hero III
, which featured the Slash
character heavily in the game and even on the cover. Rose
also claimed that the GUNS
song "Sweet Child O' Mine"
was used in an online promotion for Guitar Hero III
despite being licensed only for Guitar Hero II
One of the legal obstacles Axl
faces is the fact that "Guitar Hero III: Legends of Rock"
came out in October 2007 but Rose
's lawsuit wasn't filed until late November 2010 — more than three years after the singer's agent sent Activision
an e-mail objecting. Activision
's lawsuit came after the statute of limitations had expired.
"The reason I did not file a lawsuit [sooner] 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'
," the GN'R
frontman said in a deposition, according to The Hollywood Reporter
. "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."
A copy of the court documents filed by Rose
's attorneys in November 2010 can be found at RadarOnline.com