Rock Band developer Harmonix and owner MTV Games have responded to a $5 million-plus lawsuit regarding defective Rock Band kick pedals, labeling the charges "opportunistic and baseless."

In an e-mail to Shacknews, a company representative stated:

Harmonix and MTV Games are dedicated to consumers having an outstanding experience with our products. When used as directed, our drum pedals are designed to provide years of enjoyment. In addition, at the launch of Rock Band we offered consumers an extended opportunity return defective or broken hardware for any reason whatsoever--no questions asked. This litigation is opportunistic and baseless.

The class-action lawsuit, filed on November 18, suggests that Harmonix and MTV knew the original Rock Band drum pedals were defective and prone to snapping in half, but did not resolve the issue to encourage sales of the improved Rock Band 2 drum set.

In a conspiratorial tone, the lawsuit notes that MTV Games and Harmonix extended the replacement period for broken Rock Band hardware after the game released in November 2007, but drew that grace period to a close only four days before the announcement of Rock Band 2 and its metal-reinforced kick pedal.

Everybody involved in the making of music-rhythm phenomenon Rock Band--developer Harmonix, publisher MTV, MTV owner Viacom, and distributor Electronic Arts--has been hit with a class-action lawsuit stemming from the game's drum peripheral.

Monte Morgan of Kansas alleges that the above four companies conspired to sell defective drum kits after admitting that the drums' kick pedals were defective. Morgan's lawyers noted that the defendants' special warranty extension lasted until October 1--just before the release of Rock Band 2 featuring a new and improved kick pedal.

That timing was not a coincidence, but rather a strategy designed to coax defective Rock Band drum owners into buying a new Rock Band 2 instrument bundle, claim lawyers in court filings obtained by GameCyte.

In less conspiratorial terms, the lawyers also claim that Rock Band's current 60-day warranty isn't enough in case, for example, a parent buys a copy for their child far in advance of Christmas.

Defective instruments have been a thorn in Rock Band's side since... Read more

Viacom may be part of the same media empire as the money-hemorrhaging Midway, but that hasn't stopped the MTV Games parent from giving $300 million to just two men: Alex Rigopulos and Eran Egozy, founders of Rock Band developer Harmonix.

Bloomberg reports that the duo, who started Harmonix in 1995 during their time at MIT, "received $150 million last quarter for exceeding performance targets" and are due another payment "exceeding $150 million" in 2009.

"We may not have anticipated the payment would be that high, but it's based on what they have achieved," said Viacom spokeswoman Kelly McAndrew.

Lest readers think that Rigopulos and Egozy have suddenly stumbled upon a goldmine, the team have received performance-based bonuses for some time. $208 million was set aside to be paid out to former Harmonix shareholders in 2008, adding to the $175 million also paid to acquire the Boston-based developer.

Despite pending litigation, MTV-owned developer Harmonix has announced that its music-based multi-instrument title Rock Band will hit the Wii on June 22 in North America.

The Wii version will come with a total of 63 songs, five of which are bonus songs. A full list of the 63 tracks was not provided, though the initial 58 are expected to mirror the 45 main songs and 13 bonus tracks of the previously-released PlayStation 2, PlayStation 3, and Xbox 360 editions.

A Special Edition bundle--containing a wireless guitar, drum kit, and microphone--will sell for $169.99. Stand alone instruments and software will also be available at release, allowing Special Edition buyers to pick up the extra guitar needed for a four-person band.

The Wii edition of Rock Band will not include online multiplayer or support for downloadable content, a Harmonix representative confirmed to Shacknews.

Such online functionality was a highly-touted feature of the PlayStation 3 and Xbox 360 releases, having sold over six million song downloads since the two... Read more

Update: Rock Band developer Harmonix has issued a response to the lawsuit, labeling guitar maker Gibson's claims of patent infringement "completely without merit."

"It is unfortunate that Gibson unfairly desires to share in the tremendous success enjoyed by the developers of Rock Band and Guitar Hero," a Harmonix spokesperson told Shacknews. "This lawsuit is completely without merit and we intend to defend it vigorously.

"Gibson's patent, filed nearly 10 years ago, required a 3D display, a real musical instrument and a recording of a concert," Harmonix's statement continued. "Rock Band and Guitar Hero are completely different: among other things they are games, require no headset and use a controller only shaped like a real instrument."

Original Story: Continuing its recent legal activity, guitar manufacturer Gibson has sued Rock Band developer Harmonix, along with owner MTV Networks and publisher Electronic Arts, for infringing on one of its patents.

According to Gibson, Harmonix--which developed the multi-instrument music title Rock Band (PS2, PS3, X360) and created the Guitar Hero series--violated a 1999 patent for technology that simulates a concert performance via pre-recorded audio and a musical instrument.

The guitar maker sued six retailers--GameStop, Amazon.com, Wal-Mart... Read more

The strong performance of Harmonix's multiplayer rhythm game Rock Band (PS2, PS3, X360) may have earned its former shareholders upwards of $208 million, reports Gamasutra.

Going by Viacom's annual report to the SEC, the company's acquisition of Harmonix in 2005 included a clause that stipulated performance-based incentives for the former sharholders if Rock Band exceeded expectations.

The report notes that some $208.7 million in bonuses has been set aside, to be paid out over the 2008 calendar year.

According to Newsweek's N'Gai Croal, this brings Viacom's total Harmonix-related spendings to over $380 million, despite Rock Band and all of its DLC amounting to roughly $190 million in gross revenue. The game has sold over 1.5 million units and 2.5 million downloadable songs since its November 20 debut.