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By Johnny Firecloud

The legal team over at Gibson Guitars must not be making much on retainer. After filing a lawsuit last week against ActiVision and virtually every retailer that sells Guitar Hero video games, the sue-happy Gibsonites are dealing a follow-up punch to the video game industry with a second lawsuit, this time against Electronic Arts' Rock Band video game.

The suit claims that Harmonix, MTV Networks and Electronic Arts are violating a virtual-reality patent the guitar maker holds by developing, distributing and promoting the game. Gibson said the games, in which players strum a guitar-shaped plastic controller in time with notes on a television screen, violate a 1999 patent on the technology to simulate a musical performance. A copy of Gibson's patent included in the court filing showed a method for simulating a live performance using a musical instrument, a 3D headset with stereo speakers, and a pre-recorded concert. Harmonix issued a statement, saying that the suit is completely without merit and that they intend to fight it vigorously.

Interestingly, before Gibson filed either lawsuit, ActiVision sued the guitar makers pre-emptively, seeking a federal court declaration that it isn't violating Gibson's patent. They argue that Gibson's decision to wait three years before filing suit indicated compliance, thus making the current suit invalid.

Activision's Guitar Hero game has sold over 14 million units in the United States alone, and has brought in over $1 billion since its 2005 debut. Rock Band, the game's newest and only real competitor, has shown significant promise, selling 1.5 million units to date. Wait, who am I kidding? Rock Band may be popular, but it doesn't hold a candle to Guitar Hero.