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Activision Sued For False Guitar Hero TV Advertisement

Activision is apparently facing a lawsuit due to the false advertisement for Guitar Hero TV. The complainant is suing Activision for misleading him to consider that Guitar Hero TV was never going to fold. The music video game is looking to shut down the GHTV which would clearly shrink the content for Guitar Hero Live.

It was evident that Activision’s decision to bring Guitar Hero TV to a close would be a serious loss to the content of Guitar Hero Live. Almost 92% of the game’s content would be gone in the name of this planned shutdown. However, one Robert Fishel just could not digest this decision so much so that he decided to file a lawsuit against the video game company.

Mr. Fishel states in his suit that the game declares that “you’ll be able to discover and play new songs all the time”. It seems like this guy took this promotional description in the most literal sense and now Activision is going to suffer with him as well. Other statements for GHTV that are said to have misguided the plaintiff are “new videos continually added to the line-up”, “a continuous broadcast of music videos”, and “running 24-hours a day, seven days a week”.

The argument laid forward by Robert Fishel says that Guitar Hero TV was sold to him as a video game that would be “playable online indefinitely or, at least, for a reasonable length of time from the date of release”. Moreover, he says that if he knew Guitar Hero Live would cut GHTV at some point, he “would not have purchased the Product or paid the price he paid for the Product” in the first place. Furthermore, he “reasonably expected that Activision would not subsequently eliminate his ability to use the vast majority of the Product’s playable music tracks”.

Now here’s the real catch of this story. Activision has clearly mentioned this issue on their game’s official website along with the copy of Guitar Hero Live, which says:
“Activision makes no guarantees regarding the availability of online play or features, including without limitation GHTV, and may modify or discontinue online services in its discretion without notice.”

This seems to be the solution which would help Activision walk out of this mess without getting their hands dirty. Meanwhile, perhaps the video game company can deal with the real issues they are having along with other companies. They have previously dealt with a lawsuit for COD franchise as well.

Source: CriticalHit