A hearing was held in Los Angeles this week concerning the $20 million lawsuit filed in 2010 by Axl Rose against the makers of the video game Guitar Hero III.
The Hollywood Reporter says Rose claimed that the video game publisher, Activision Blizzard Inc., fraudulently induced him into authorizing "Welcome to the Jungle" for use in the popular game by telling him during negotiations that it wouldn't feature any reference to Slash, whose image was ultimately used in the final product – including an active avatar and music from Velvet Revolver – and was featured on the front cover of the game package.
At Tuesday’s hearing, the judge indicated that he was going to toss Rose's fraud claim but allow his breach-of-contract claim to continue.
A trial date has been set for February 1, 2013.
The suit was brought by Rose and his Black Frog Music, and that may affect the trial’s outcome.
Activision has argued that the inclusion of “Jungle” was based on a deal with GNR Music, which administers publishing rights to the band's songs, and that "Rose had no authority to enter into a license for 'Welcome to the Jungle' in his individual capacity because he does not own the song or the sound recording."
Activision says Rose himself confirmed this by saying, "Unanimous approval by all three partners of GNR Music is required before any license to use Guns N' Roses music is given."
Activision is arguing that there could be no breach of contract because Rose himself didn't have the authority to unilaterally make a deal.
You can read the documents of the original suit at RadarOnline here.
For more on the story, visit The Hollywood Reporter here.
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