Gibson is claiming that Activision’s Guitar Hero III is violating a patent filed by Gibson in 1999.

According to their complaint filed in US District Court in LA,

Gibson’s 1999 patent covers a virtual-reality device that included a headset with speakers and that simulated participating in a concert.

If this is the basis of their legal claim, then I would suggest they start filing patents for things like, “possible future profitable thing that simulates something we not yet created or thought of but if someone else creates something nobody else is currently producing and selling we will use this patent to stake our claim.”

C’mon Gibson. You may have thought of something about simulating a concert, but clearly, if you were going for a VR headset-type thing, you were watching too WAY many pornos (or maybe the same skin-flick over and over over and and - OH MY!) where a lone stroker sits in a room with a VR headset and enjoys act after act of mind-blowing orgasms.

Activision is being sued not for patent infringement, but for producing a profitable game franchise. There may be some behind the scenes things going on we will never know about, like Gibson licensed something to Activision or vice-versa and one of the companies thought nothing of whatever legal arrangement they signed off on, when suddenly this game took off like a rocket and now the company who signed the crappy agreement is feeling robbed. Who can say?

Ah hell, I am heading down to the courthouse to file a patent on something not yet created but might produce a profit for someone at some future time. Or maybe I’ll just go play Virtually Jenna.