Axl Rose's Guitar Hero lawsuit thrown out of court

The ongoing lawsuit between Axl Rose and Activision has been thrown out of court, ending two years of fraud claims over the inclusion of ex-Guns ‘n’ Roses guitarist Slash in Guitar Hero III: Legends of Rock.

Los Angeles Superior Court Judge Charles Palmer found that while Rose is obviously unhappy about Activision‘s decision, he simply took too long to complain about it.

[img_big]center,2637,2010-11-18/Guitar_Hero_III_Legends_of_Rock_-_Judy.jpg,Guitar Hero III[/img_big]

This is – hopefully – the end of the on-going saga, which started back in 2010. Since then, Judge Palmer threw out fraud claims in August 2012, after Rose filed the paperwork after the cut-off date. While Palmer was inclined to also dismiss breach of contract claims at that time, he held off, to listen to Rose’s side of the story – Rose claimed that he believed he had four years to file a lawsuit, as email conversations constitute a written agreement between the parties.

This year, Rose’s lawyer Geoffrey Neri stated that the singer had agreed to allow the use of classic Guns ‘n’ Roses track Welcome to the Jungle in Guitar Hero III, but only if Activision did not include any images or likenesses of the old Guns ‘n’ Roses lineup – or of Slash’s new band, Velvet Revolver.

As we now know, Slash and Velvet Revolver were not only included in the game, but featured prominently on the box art and advertising for Guitar Hero III. (Rose claimed he was unaware of Slash’s inclusion in the game until after release, but court documents illustrate his attorney contacted Activision about it while the game was still in production.)

Whether or not he knew about it earlier, Guitar Hero III was released in 2007 and Rose took until 2010 to complain. His reasoning? Activision reportedly offered him a game of his own:

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.

Activision has never commented on this mysterious game.

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