February 4, 2013 13:03
Guns N' Roses' Axl Rose close to losing lawsuit against Guitar Hero makers
Singer claims the game's makers unlawfully used the band's music and image of Slash
Guns N' Roses frontman Axl Rose has suffered another blow in his bid to secure $20million (£13.3million) in damages from Activision, the makers of the Guitar Hero video games.
At a summary judgment hearing last week in Los Angeles, Billboard reports, Superior Court Judge Charles Palmer reportedly suggested that he is inclined to dismiss the action against the video game makers for allegedly fraudulently inducing him into allowing them use of Guns N' Roses' 'Welcome To The Jungle' in Guitar Hero III.
He also claimed that the game's makers had included a character modelled on his former bandmate Slash – with whom he has been feuding for decades - despite telling him that the game wouldn't feature any reference to Slash or his band, Velvet Revolver.
Last August, a judge dismissed Rose's claim that he had been fraudulently induced, but did set a trial date of February 2013 to hear his claim that Activision is in breach of contract. Now it is believed that the problem is that Rose did not file a lawsuit until November 2012 – which was three years after the game's October 2007 release.
Explaining why he didn't file the lawsuit straight away, Rose said in a deposition: "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'…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 dull decision should come within weeks.
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