TAC countersues over Guitar Hero controllers

Peripheral manufacturer claims that RedOctane actually swiped its design from another company's Guitar Freaks controller.

Last month, Activision and RedOctane, publishers of the popular PlayStation 2 game Guitar Hero, filed suit against peripheral manufacturer The Ant Commandos (TAC) over its unlicensed guitar controllers. Rock-and-roll is nothing if not belligerent, so it seems fitting that TAC is firing back.

TAC today announced that it has filed a countersuit against RedOctane and Activision, alleging that they have violated federal antitrust legislation.

Much of the RedOctane/Activision complaint centers around the packaging and advertising similarities between the official Guitar Hero game and controllers, and TAC's own "Guitar Mania" line of peripherals. In TAC's countersuit, the company claims that it was RedOctane and Activision who mimicked its own offerings. Specifically, it refers to the Magical Guitar peripheral that TAC part-owner Topway Electrical Appliance made for Konami's Guitar Freaks series of games in 1999.

A TAC representative told GameSpot that the CEO and sales manager of RedOctane visited Topway's Chinese factory twice, once in 2001 and again in 2004, asking questions about the design of the Magical Guitar controller. The representative also said that RedOctane purchased several hundred of the guitar controllers from Topway between 2002 and 2004, when RedOctane was known primarily as a seller of unlicensed peripherals for rhythm games like Konami's Dance Dance Revolution and Guitar Freaks.

TAC is asking a judge to prevent Activision and RedOctane from selling its Guitar Hero game bundled with a controller. The company wants the game sold exclusively on its own, so that consumers can then decide which controller they would like to use. Despite the legal wrangling, TAC has said it will continue to design, make, and sell its Guitar Mania line.

63 Comments

  • Dead_Methany

    Posted Jan 14, 2007 9:42 pm PT

    Okay, my question is this:
    How is TAC still even in business, making these pieces of sh*t.
    I work at Circuit City, and every single one has come back as defective.
    Just to prove this, my friends had stolen one (they aren't too bright), and I was in the middle of the song when I realized that I wasn't playing the notes I was hitting...

    The piece of crap cut in and out mid song.

    Solution?

    Play "Heart Shaped Box" and pull a Kurt Cobain on the guitar afterwards, then throw it off of a 2nd story balcony.

    I hate you TAC, and I hope your children get cancer.

  • wasting_death

    Posted Sep 27, 2006 2:32 pm PT

    Damn what's with all the crazy lawsuits lately....

  • rock-n-roll

    Posted Sep 25, 2006 3:15 pm PT

    Would anybody else prefer to buy the game and then choose which guitar to buy?

  • stlskawaklr250

    Posted Sep 23, 2006 12:05 am PT

    Wow...well if RedOctane gets ruled against that they must sell the game alone, then the game will be cheaper right? Then you can buy the controller, whether it IS third-party or not, for a cheaper cost than what the difference would be. Sounds good to me, especially with talks of the game with RedOctane's controller being around $70-$80.

  • _Sam_

    Posted Sep 22, 2006 6:08 pm PT

    I wonder how this will turn out

  • Generic_Dude

    Posted Sep 22, 2006 2:51 pm PT

    No need to go all Lars Ulrich here... it's about the MUSIC, maaaaaan.

  • SuperH75mil

    Posted Sep 22, 2006 2:21 pm PT

    Yeah, there really does need to be more "Uwe Boll" style endings to these squabbles over who sucks and who doesn't.

    Speaking of that, I wonder when those fights commence...?

  • LordAndrew

    Posted Sep 22, 2006 1:47 pm PT

    So the buttons are the same colour. Is that RedOctane's problem?

  • wraith808

    Posted Sep 22, 2006 12:58 pm PT

    Does TAC's lawyers even know what Antitrust means? I mean really- that's the most inane thing I've heard of! And GH wouldn't have sold as much if you had to buy the unique controller at an additional cost, I'm sure. I mean, look at Frequency and Amplitude. Just like with the iPod, it's the 'having the whole package' bit that makes it sell. And although I like my flying V, it definitely has some engineering issues- but I don't see that as any reason to sue... nor the packaging. But Activision paid a boatload of money for RO, and they want to make it back- that's what the whole suit is about. Cornering the market on their IP. But anti-trust? OMG how retarded!

  • metdevthegamer

    Posted Sep 22, 2006 12:50 pm PT

    I'm rooting for TAC.

  • soul_motor

    Posted Sep 22, 2006 10:34 am PT

    The plot thickens... It looks like TAC might just win this one... I'm also thinking Priest's "You got another thing comin'" so ought to be on the next iteration of Guitar Hero

  • thedarkoracle

    Posted Sep 22, 2006 7:58 am PT

    *sigh* Whatever happened to the method of duking it out in the alley and last man standing wins the bloody rights to do whatever he dayumned well pleases?

  • Dreski83

    Posted Sep 22, 2006 3:44 am PT

    All names aside, this is total nonsense. If someone wanted variety could you really knock them for it? Even worse, could you really hate on the people who are tryin to supply that lil tid bit of variety?! I think this should all be settled with a clean boxing match, Uwe Boll style! and all legal jargon dropped over a table of tasty pasta ^_^

  • audioslave69

    Posted Sep 21, 2006 11:49 pm PT

    LMFAO!!! RO totaly deservs it.

  • VegetaMaelstrom

    Posted Sep 21, 2006 9:58 pm PT

    How's that taste of your own medicine treating ya RedOctane? Not too good on this end is it you hypocrits? I'm just hoping that Konami piles on here and sues RedOctane for starting this pathetic side show. After all, RO was just like TAC a few years ago with their selling unlicensed peripherals and stuff but now they are acting like they are born again and better than everyone else. I guess 100 million dollars will do that to ya. Bleed money on your lawyers RO and Activision, you two companies have lost any respect that I ever had for you. What's next: RO sueing Activision for getting them to start this whole sordid affair? I only wish I was joking.

  • eldude007

    Posted Sep 21, 2006 9:56 pm PT

    God bless America land of lawsuits. Obviously it was Activision that pushed for the lawsuit, but the counter sue is priceless. Total TAC pwnage! Just forget about the whole thing and give me my GH2 and cool guitars.

  • McDog3

    Posted Sep 21, 2006 9:47 pm PT

    stupid lawsuits....never solve anything......

  • Riverwolf007

    Posted Sep 21, 2006 8:28 pm PT

    Best. Controller War Over Controllers Hardly Anyone Has. Ever.

  • VixDiesel

    Posted Sep 21, 2006 8:11 pm PT

    If you don't like something, someone....SUE!

    It's the american way.

  • Versus_XIII

    Posted Sep 21, 2006 7:54 pm PT

    Maybe that's why we live in such a litigious society....

  • Valen_Ca

    Posted Sep 21, 2006 6:34 pm PT

    Excellent, let's not ship the game with the controller needed to play it that way they get to double charge consumers for the freakin thing. Actually on second thought they could always buy the game at the normal price and then get the guitar, either the official one or the 3rd party one, for free, that could actually make sense.

  • GameBeaten

    Posted Sep 21, 2006 6:31 pm PT

    WTF?

  • Eviltwin

    Posted Sep 21, 2006 6:27 pm PT

    jajaja XD Reversal sue. OMG

  • joeamis

    Posted Sep 21, 2006 6:17 pm PT

    Wow what a reversal! I wonder if Guitar Hero 2 sold w guitar could become a huge collectors item if they're eventually forced to not include it. I guess I'll jump on the bandwagon and blame Activision...

  • lewser5

    Posted Sep 21, 2006 6:14 pm PT

    Does this mean the game is going to be delayed now?

  • shasam712

    Posted Sep 21, 2006 5:51 pm PT

    It's a sad state of affairs.

  • Higamason

    Posted Sep 21, 2006 5:26 pm PT

    Whatever...

  • WolfSkill5544

    Posted Sep 21, 2006 5:24 pm PT

    Wow!! another lawsuit.

  • Squids-Ahoy

    Posted Sep 21, 2006 5:23 pm PT

    I roll my eyes at this whole controversy.

  • Ryvvn

    Posted Sep 21, 2006 5:06 pm PT

    A part of me is wondering if it was really Activision that pushed RedOctane into this suit in the first place... I mean it just doesn't seem like a company of RedOctane's background would be so eager to sue someone over something so inane. I guess I could be wrong though, I mean Metallica sued Napster so who knows...

  • XitachiXUchihaX

    Posted Sep 21, 2006 4:46 pm PT

    =D they so deserve it.

  • lalakool_16

    Posted Sep 21, 2006 4:44 pm PT

    pwnt

  • dominae

    Posted Sep 21, 2006 4:42 pm PT

    Wow.

    Hind sight is 20/20, RedOctane. Looks like you just b*tched your way into a corner.

    Wow.

  • GBKeroberos

    Posted Sep 21, 2006 3:43 pm PT

    Go TAC! RedOctane's suit against them is absolutely shameful and pathetic.

  • bigelf72

    Posted Sep 21, 2006 3:30 pm PT

    Rudy25 /agree

  • Rudy25

    Posted Sep 21, 2006 3:20 pm PT

    Now look at the mess your in. Looks like TAC has a more reason to sue RO. Should've left it alone Red Octane/ Activision ...tsk, tsk, tsk.

  • Buck_Hotep

    Posted Sep 21, 2006 3:19 pm PT

    TAC will lose this just for the fact that games bundled with game-specific controllers have been sold in the past. I dont think Activision/RedOctane would've filed a suit if TAC was a licensed third-party manufacturer for the GH controllers. Since they seem to be unlicensed TAC has to prove that their controllers could be used for other games other than GH. Since its pretty much built and created to be used only for GH then Activision/RedOctane have full rights to file suit and even receive compensation from TAC.

  • Chirico_Cuvie

    Posted Sep 21, 2006 3:19 pm PT

    I've heard nothing bad bad things about the TAC. The SG isn't exactly robust either though, my tilt sensor was busted right out of the box. I say whomever makes a decent controller that won't break and feels nice wins. I'd pay $80 for more realistic guitar that was durable. Check out some of the Guitar Hero forums to see some real guitars that people modded for the game.

  • SpareJesus

    Posted Sep 21, 2006 3:07 pm PT

    Red Octane didn't have a single damn problem with this before, it's just since they joined with Activision. I hope they get sued right back by TAC.

    And besides, Pizzaman's right, they are just toys.

    Although I like them both a lot..and until Red Octane give us a wireless Flying V model themselves, I'll enjoy the TAC models.

  • pizzamanopenup

    Posted Sep 21, 2006 3:04 pm PT

    Man RedOctane, this is getting ugly. They're just toys, for pete's sake!

  • jasonmacrillo

    Posted Sep 21, 2006 2:54 pm PT

    SG all the way...

  • FoxHoundADAM

    Posted Sep 21, 2006 2:54 pm PT

    The TAC controler is terrible. It doesn't even work half the time and when it does it doen's work very well. Legally both companies should just settly out, but in the end RedOctane is and will be the big winner in this genre and TAC will fade away because they make crappy products.

  • thatguy1991

    Posted Sep 21, 2006 2:52 pm PT

    I bet this would have never happened if Activision didn't buy Red Octane, but what can you do...

    On a side note if TAC wins over the game being packaged alone it will cause a real problem cause then people will have to order up and there could be other stock issues which i don't feel like thinking about. In the end, it is just easier for the game to be packaged with the guitar except for Guitar Hero II that should be both with and without guitar

  • Kantwon

    Posted Sep 21, 2006 2:51 pm PT

    Okay how else are you going to make the guitar controller look anyway. Sure it's similiar and it looks copied, but it based on a guitar what else RedOctane was going to do when came to designs. They couldn't just try to do another concept when it came to fret buttons because it wouldn't work and where else are you going to put the whammy bar. Also the strum bar has to go up and down to simulate a real guitar.

  • slife_basic

    Posted Sep 21, 2006 2:35 pm PT

    "The company wants the game sold exclusively on its own, so that consumers can then decide which controller they would like to use."

    I'd still use the SG controller.

  • styphin

    Posted Sep 21, 2006 2:35 pm PT

    I bought a TAC guitar for Guitar Hero and boy did it suck! The fret buttons are horrible and unresponsive, and basicallly makes for a frustrating game experience. DO NOT BUY a TAC guitar controller. Spend your money on the Red Octance Version.

  • tonyleo01

    Posted Sep 21, 2006 2:31 pm PT

    right on. Power to the people!

  • trifecta_basic

    Posted Sep 21, 2006 2:30 pm PT

    This is great to hear, after RO filed one of the most idiotic lawsuits I have ever seen. They should have thanked there lucky stars Konami didn't sue them(mainly because GF was never released or patented in the US). I wonder what Activision was thinking to let RO follow through on this?

  • waleedarshad

    Posted Sep 21, 2006 2:23 pm PT

    Blame Activision..................................................

  • CJL13

    Posted Sep 21, 2006 2:22 pm PT

    So it begins.

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