ASCAP Seeks Licensing Fees For Guitar Hero Arcade

Self Bias Resistor writes "According to a post on the Arcade-Museum forums, ASCAP is demanding an annual $800 licensing fee from at least one operator of a Guitar Hero Arcade machine, citing ASCAP licensing regulations regarding jukeboxes. An ASCAP representative allegedly told the operator that she viewed the Guitar Hero machine as a jukebox of sorts. The operator told ASCAP to contact Raw Thrills, the company that sells the arcade units. The case is ongoing and GamePolitics is currently seeking clarification of the story from ASCAP."

Comments

DDR is grey area as well.

[wantedman]

DDR is currently in a gray area, since it crosses the line between video game and jukebox. Especially if it's positioned in an area so everyone can watch it. There hasn't been a "ruling" one way or the other from ASCAP on it. There are complications, because a lot of DDR songs are unlicensed in the US or are original performances by Konami. GH is a better test case, which is probably why they're using it.

Legal reform needed

[Mathinker]

There was one bar here that actually went out of business because of ASCAP. He had no jukebox and hired folk bands; these bands played old folk music that was in the public domain, and ASCAP sued anyway. He wouldn't cave on principle and the legal costs bankrupted him and he lost his business.

We need a law which says that once a judge has ruled that a corporation has brought a frivolous lawsuit against someone, anytime it sues someone in the future it needs to finance the other side's legal fees, and only gets the money back if the judge rules they deserve it.

Re:Showing muscles to the little guy?

[bluefoxlucid]

I would have self-represented if I was going on principle, and had trial in front of a judge. This is a pretty basic argument: they're suing me for playing music they have no domain over. Their only argument could be that the live performers could play some AC/DC live; at which point, I'd point out that I have electricity, and could bring in a CD player and an AC/DC CD, so maybe they should sue anyone with an electric utility. The only arguments they have are ridiculous, and ridiculing them with competent logical counter-arguments in front of a competent judge is viable.

The other thing to do is object to stupidity meant to load you with paperwork and keep you busy until you overrun some deadline on a court order to fill out papers/show evidence. It's not my job to show evidence for your case; demand solid evidence or have their case thrown out. Once their case fails, counter-sue (with lawyer) for harassment, citing that you successfully defended yourself against their legal firm (no, really, the only thing these people practice is lawing at you) by yourself because their argument was retarded and they were abusing the court system. Sue for maximum damages and push for fines for abuse of the court systems.