Comments on: Kurtastrophe, Part V: “The Check Has Been Cashed” http://www.plasticaxe.com/2009/09/22/kurtastrophe-part-v/ For those about to virtually rock Thu, 13 Jan 2011 19:04:58 -0500 hourly 1 http://wordpress.org/?v=3.3.1 By: txhoudini http://www.plasticaxe.com/2009/09/22/kurtastrophe-part-v/#comment-271 txhoudini Thu, 24 Sep 2009 15:31:37 +0000 http://www.plasticaxe.com/?p=1472#comment-271 Hmm... good point. Lots of points for poor communication: Cobain estate & Cobain estate lawyers, Cobain estate lawayers & Activisions lawyers, Activisions lawyers & Activision, Activision & developers... Hell, it's amazing anyone in real life is happy with their appearance in a video game. Hmm… good point. Lots of points for poor communication: Cobain estate & Cobain estate lawyers, Cobain estate lawayers & Activisions lawyers, Activisions lawyers & Activision, Activision & developers… Hell, it’s amazing anyone in real life is happy with their appearance in a video game.

]]> By: Joe Rybicki http://www.plasticaxe.com/2009/09/22/kurtastrophe-part-v/#comment-270 Joe Rybicki Thu, 24 Sep 2009 15:13:55 +0000 http://www.plasticaxe.com/?p=1472#comment-270 Well, part of the problem seems to be that everyone's claiming they weren't aware that he'd be singing other people's songs. Honestly, I could see this being a genuine mistake: like, Activision included it in the contract, but it was either missed or misunderstood by whoever signed on behalf of Cobain's estate. Or maybe Activision assumed the rights-holders would have seen how characters are used in GH games and didn't think to point it out. It also could have been something that wasn't spelled out at all -- just poor communication between the developers and Activision's lawyers. I think there's a lot of possibilities where neither party is entirely in the wrong. But now that there's such a big deal about it, it just seems to me to make sense for Activision to accede to the requests, no matter who's at fault. Well, part of the problem seems to be that everyone’s claiming they weren’t aware that he’d be singing other people’s songs.

Honestly, I could see this being a genuine mistake: like, Activision included it in the contract, but it was either missed or misunderstood by whoever signed on behalf of Cobain’s estate. Or maybe Activision assumed the rights-holders would have seen how characters are used in GH games and didn’t think to point it out.

It also could have been something that wasn’t spelled out at all — just poor communication between the developers and Activision’s lawyers.

I think there’s a lot of possibilities where neither party is entirely in the wrong. But now that there’s such a big deal about it, it just seems to me to make sense for Activision to accede to the requests, no matter who’s at fault.

]]> By: txhoudini http://www.plasticaxe.com/2009/09/22/kurtastrophe-part-v/#comment-260 txhoudini Wed, 23 Sep 2009 19:45:52 +0000 http://www.plasticaxe.com/?p=1472#comment-260 I think his point is why did they (I guess Courtney Love or whoever has legal claim to Cobains likeness) wait until the game was released. They could have said no at negotiations. They could have said no at the contract signing. They could have said no when they received the check. They could have raised a fuss between signing the contract and the release of the game. Instead they waited until the game was on the shelves and in people's hands. They want to make money off Cobain's likeness without it looking like they are. It's obvious Activision acted legally and the correct people were compensated. But those same people have won the public perception by saying it was tacky to have Cobain in the game when it was them who agreed to it and gained financially from it. I think his point is why did they (I guess Courtney Love or whoever has legal claim to Cobains likeness) wait until the game was released. They could have said no at negotiations. They could have said no at the contract signing. They could have said no when they received the check. They could have raised a fuss between signing the contract and the release of the game. Instead they waited until the game was on the shelves and in people’s hands. They want to make money off Cobain’s likeness without it looking like they are.

It’s obvious Activision acted legally and the correct people were compensated. But those same people have won the public perception by saying it was tacky to have Cobain in the game when it was them who agreed to it and gained financially from it.

]]>