Tuesday, alleging that the creators of popular music game Rock Band had shipped defective drum pedals in a scheme "designed to deliberately cheat large numbers of consumers out of individually small sums of money," lawyers for Kansas resident Monte Morgan slapped all four -- Harmonix, MTV, EA and Viacom -- with a class action lawsuit.
Though one would think that the main point of such a lawsuit would be to punish a company for shipping the defective product, which is indeed Morgan's first complaint...
Due to a design defect, the bass drum foot pedal (which is an integral component of the Rock Band drum kit) fractures under ordinary and expected usage, thus rendering the pedal inoperative. Without a functioning bass drum foot pedal, consumers are unable to use the Rock Band drum kit or play the Rock Band game in the manner marketed and advertised by Defendants, thus depriving them of the value and enjoyment of their purchases.
...the majority of the document filed Tuesday has to do with lawyers' attempt to prove not that Harmonix et al did so, but that, acknowledging the fact that the drum pedals were defective, they attempted to exploit that very defective nature with the release of Rock Band 2.
The key point here is Harmonix and EA's June 26th extension of the Rock Band warranty -- which lasted until October 1st, 2008. Now, any new customer has only a sixty day warranty on Rock Band hardware. Plaintiffs argue that this is not nearly enough time should, say, a mother purchase the game for a Christmas present months in advance -- and moreover, that the extension in and of itself is part proof that Harmonix realized the hardware was defective.
The kicker comes with when and how defendants chose to market Rock Band 2. Harmonix announced Rock Band 2 only four days after they revealed that the warranty extension would cease in October -- and October is when Rock Band 2 was released (though the game was originally slated for the prior month). Furthermore, citing the image at right, plaintiffs note that the new game featured an improved drum pedal that featured prominently in the game's marketing campaign... and allege that the warranty expiration was timed to drive existing owners of defective kits to purchase the new game.
Defendants seek damages and restitution, though they don't specify how much, and for the court to order an injunction, presumably on the further sale of the "defective" Rock Band drum sets.
There's no doubt in my mind that the pedals are defective -- a veritablecottageindustry has sprung up around ways to repair or replace the 3.5 million currently in circulation -- but I wonder if lawyers will truly be able to prove that this series of coincidences add up to a 'deliberate scheme.'
And because most of the ballyhoo is because of EA's own attempt to appease existing customers with a warranty extension... if they do win, just how much more rigid might warranties be in the future?
You can download the full legal complaint in PDF form right here.
Update: Harmonix and MTV Games have responded to the lawsuit.
I doubt this was a scheme, but a longer warranty would have been great. I imported so I can't claim warranty, but it took about 8 months of play to snap my kick pedal.
By the same token, you think Activison would have learned from Harmonix and not made drum kits with dodgy cymbals. Though of course it is difficult to make something durable that's purpose is to be hit and beaten.
But really, not such a big deal. Buy a metal plate or get the Rock Band 2 kit. Easy.
Hm, I never thought about it like that. My pedal also broke and it did kind of force to buy the second as well, and one of their major campaigns was how much better the drum pedal was...but in all honestly, shouldn't the first one work? Why should I be forced to buy RB2? Interesting because when i initially started reading I thought this was stupid and Haramonix should win but...I can at least see their complaint.
My pedal snapped and I made a reinforced metal plate with an old computer case, a Dremel, a hack saw, a drill and some self tapping screws. Total cost to me for the repair, $0 (i had all that stuff laying around). The pedal is good as new, though a tad ugly.
I doubt that Harmonix or whomever maliciously produced drum pedals that would fail. They probably didn't anticipate the amount of drum n00bs (me included) that would beat the heck out of their drums.
On the bright side look at the business their drum sets have created. There are at least three "companies" on e-bay selling reinforcements and the last time I was at Best Buy there were pedal replacements from a bunch of different manufacturers. It's good for the economy.
The RB2 pedals are not a significant improvement from the first one.. If you use one for play, you can still feel the plastic under it bend and I've had friends break the rb2 pedals already. Now if they would've put the metal on the underside, it might have done a little better. I honestly wouldn't mind paying another $20 or $30 for a reliable pedal, but there's no money in not selling replacement parts.
Best solution: Roland KD-8, Real drum pedal, and a rockbandkickbox. (google for it).
Honestly, it was only a matter of time before something like this were to happen. With such a physical nature drumming is equipment must be designed to take brutal conditions. From a 40 year drumming experience I can attest that the pedal was not designed to last.
Even a professional drummer would state that with careful playing technique one would still fear failure of the Rock Band drum pedal that was supplied with the kit.
If you look at actual drumming techniques, either heal down or heal up, the force from the leg is hard to regulate unless you are a practiced, trained drummer and it takes a few years to develop the proper technique for this.
Now, if the company(ies) involved did their proper R&D before releasing this product they would have designed a stronger pedal. Plastic is surely not a part of strong design for such a physical activity.
Look at the professional drum pedals made today. They are made from lightweight, strong metals that can take the forces dished out by either a beginner or a pro. This is from many years of research and testing. A gaming company doesn't have the knowledge of musical equipment to make sound decisions in musical instrument design. They see things from a 'game controller or joystick' point of view to make the game work.
Other factors I see down the road are lawsuits against such companies because gamers with lack of formal training to do what professionals do can end up with injuries. Sure this game is to immulate the real thing, but the motions pro and studying drummers go through are done with teachers watching for good and bad technique, helping to avoid injuries and to play musically. Injuries most common are Carpel Tunnel Syndrome and Tendonitis. If any gamers have gotten blisters on their fingers or have strained muscles in the forearms or shins then these are signs of bad technique and will lead to bigger injuries. Tension is the number one sign of bad technique. Other signs can show up as well.
So, those that praise the game, beware of what you are praising. I'm glad to see interest in people wanting to play music. I'm sorry to say there are no shortcuts to doing it well and safe. Only a real instrument and real teachers can give true means to learning music in a proper and safe way.
Also keep in mind, these are just games and you will not see pro quality that would last like pro drum gear. You get what you pay for.
Once again, the only people that win are lawyers. How many more "class action civil suits" do we really need?
Cmon folks, its a video game made out of plastic components. Based on all the YouTube videos and the responses from the original developers, noone knew that this game would attract such a cult following. I am sure the developers didnt realize that so many Tommy Lee wannabes existed, including myself, that would come out and abuse these pedals liek they were part of some metal rock band trying to get signed to a major label.
God knows I beat the crap out of mine. That's why my pedal broke only after 1 month and thats only because I could not practice as much as I wanted.
So, next time I take a wiffle ball game really serious and swing the plastic bat to plastic ball like I was A-rod getting ready to jump on Madonna, I might consider following my power swing with a savvy lawsuit.
That should help all of us consumers who felt cheated. Get a life, dont play like you're John Bonham or Tommy Lee. If you do, search YouTube and modify yourself a real pedal so you can do some real drumming or visit vendors like valuepedal, rockpedal or pedalmasters.com.
Just like the aftermarket car industry, if you dont like the OEM, upgrade with one of their pedals. They have some to suit every user. i got mine from Pedalmasters. Works just fine and I didnt need a lawyer to get involved for a "discovery meeting" at a very low hourly rate of $290/hr.
What about the hinge? No one is talking about how useless a plate is if the pedal broke at the hinge. Like my sons did. It broke after 6 months of normal play. One day he decided he was going to pass the game. He has always played on expert. It broke when he reached song number 41. I guess the damn thing is not designed for continuous play. Even though to pass the game you have to play 58 songs back to back.
Pedal, pedal, pedal. Has anyone here had repeated broken drum pads? I have had 3 with rock band and now one with the so called improved Guitar Hero. I have reasearched extensively the plastics industry and know for a fact that this stuff (mainly the pads) could have been made out of Lexan and there would be no problems. It's the stuff bullit proof glass is made of! HELLO Guitar Hero, Hello Rock band! On their buying level this would add next to nothing in cost and saved a lot of people headaches. I would love to see the comments of both companies as to why this was not considered. I bought a warranty the second time and the warranty company says that in the case of repeated failures ther are going to refund as opposed to constant fixes due to the number of complaints they already have.
I bought the new rockband 2 just so I could get the new pedal (I have replaced mine twice and fixed it 5 times) Today the new pedal broke in the same spot as the old one did. Better Pedal?, I dont think so. Sure they put a metal plate, but they all break at the joint eventually. I would participate in a class action laww suit. I have spent over $500.00 on fixing or replacing my drum set (pedal) Thats criminal!
[...] Link // Cache-busting and pageid values var random = Math.round(Math.random() * 100000000); if (!pageNum) var pageNum = Math.round(Math.random() * 100000000); document.write(''); document.write(''); [...]
[...] That timing was not a coincidence, but rather a strategy designed to coax defective Rock Band drum owners into buying a new Rock Band 2 instrument bundle, claim lawyers in court filings obtained by GameCyte. [...]
[...] be entitled to a paltry monetary award, if Kansas resident Monte Morgan has his way. As GameCyte reports (via Edge-Online), Morgan has filed a class action lawsuit against Harmonix, MTV Games, Electronic [...]
[...] be entitled to a paltry monetary award, if Kansas resident Monte Morgan has his way. As GameCyte reports (via Edge-Online), Morgan has filed a class action lawsuit against Harmonix, MTV Games, Electronic [...]
[...] be entitled to a paltry monetary award, if Kansas resident Monte Morgan has his way. As GameCyte reports (via Edge-Online), Morgan has filed a class action lawsuit against Harmonix, MTV Games, Electronic [...]
The kicker comes with when and how defendants chose to market Rock Band 2. Harmonix announced Rock Band 2 only four days after they revealed that the warranty extension would cease in October -- and October is when Rock Band 2 was released (though the game was originally slated for the prior month). Furthermore, citing the image at right, plaintiffs note that the new game featured an improved drum pedal that featured prominently in the game's marketing campaign... and allege that the warranty expiration was timed to drive existing owners of defective kits to purchase the new game.
November 20th, 2008 at 11:46 pm
I doubt this was a scheme, but a longer warranty would have been great. I imported so I can't claim warranty, but it took about 8 months of play to snap my kick pedal.
That said, the kick pedal had been breakable before Rock Band came out, with this playtester confirming this: http://au.gamespot.com/xbox360/puzzle/rockband/show_msgs.php?topic_id=m-1-43584133&pid=938870
By the same token, you think Activison would have learned from Harmonix and not made drum kits with dodgy cymbals. Though of course it is difficult to make something durable that's purpose is to be hit and beaten.
But really, not such a big deal. Buy a metal plate or get the Rock Band 2 kit. Easy.
November 21st, 2008 at 7:10 am
Hm, I never thought about it like that. My pedal also broke and it did kind of force to buy the second as well, and one of their major campaigns was how much better the drum pedal was...but in all honestly, shouldn't the first one work? Why should I be forced to buy RB2? Interesting because when i initially started reading I thought this was stupid and Haramonix should win but...I can at least see their complaint.
November 21st, 2008 at 7:07 pm
I must not be stomping on my pedal hard enough...
November 22nd, 2008 at 8:58 am
My pedal snapped and I made a reinforced metal plate with an old computer case, a Dremel, a hack saw, a drill and some self tapping screws. Total cost to me for the repair, $0 (i had all that stuff laying around). The pedal is good as new, though a tad ugly.
I doubt that Harmonix or whomever maliciously produced drum pedals that would fail. They probably didn't anticipate the amount of drum n00bs (me included) that would beat the heck out of their drums.
On the bright side look at the business their drum sets have created. There are at least three "companies" on e-bay selling reinforcements and the last time I was at Best Buy there were pedal replacements from a bunch of different manufacturers. It's good for the economy.
November 22nd, 2008 at 1:19 pm
The RB2 pedals are not a significant improvement from the first one.. If you use one for play, you can still feel the plastic under it bend and I've had friends break the rb2 pedals already. Now if they would've put the metal on the underside, it might have done a little better. I honestly wouldn't mind paying another $20 or $30 for a reliable pedal, but there's no money in not selling replacement parts.
Best solution: Roland KD-8, Real drum pedal, and a rockbandkickbox. (google for it).
November 23rd, 2008 at 5:35 pm
Honestly, it was only a matter of time before something like this were to happen. With such a physical nature drumming is equipment must be designed to take brutal conditions. From a 40 year drumming experience I can attest that the pedal was not designed to last.
Even a professional drummer would state that with careful playing technique one would still fear failure of the Rock Band drum pedal that was supplied with the kit.
If you look at actual drumming techniques, either heal down or heal up, the force from the leg is hard to regulate unless you are a practiced, trained drummer and it takes a few years to develop the proper technique for this.
Now, if the company(ies) involved did their proper R&D before releasing this product they would have designed a stronger pedal. Plastic is surely not a part of strong design for such a physical activity.
Look at the professional drum pedals made today. They are made from lightweight, strong metals that can take the forces dished out by either a beginner or a pro. This is from many years of research and testing. A gaming company doesn't have the knowledge of musical equipment to make sound decisions in musical instrument design. They see things from a 'game controller or joystick' point of view to make the game work.
Other factors I see down the road are lawsuits against such companies because gamers with lack of formal training to do what professionals do can end up with injuries. Sure this game is to immulate the real thing, but the motions pro and studying drummers go through are done with teachers watching for good and bad technique, helping to avoid injuries and to play musically. Injuries most common are Carpel Tunnel Syndrome and Tendonitis. If any gamers have gotten blisters on their fingers or have strained muscles in the forearms or shins then these are signs of bad technique and will lead to bigger injuries. Tension is the number one sign of bad technique. Other signs can show up as well.
So, those that praise the game, beware of what you are praising. I'm glad to see interest in people wanting to play music. I'm sorry to say there are no shortcuts to doing it well and safe. Only a real instrument and real teachers can give true means to learning music in a proper and safe way.
Also keep in mind, these are just games and you will not see pro quality that would last like pro drum gear. You get what you pay for.
Kenneth R Sword Jr
Percussionist/Instructor
December 25th, 2008 at 5:51 am
Plus, I mean, it IS Rockband. Does anyone expect anything better from the Hydrox of Guitar Hero?
December 25th, 2008 at 3:31 pm
Once again, the only people that win are lawyers. How many more "class action civil suits" do we really need?
Cmon folks, its a video game made out of plastic components. Based on all the YouTube videos and the responses from the original developers, noone knew that this game would attract such a cult following. I am sure the developers didnt realize that so many Tommy Lee wannabes existed, including myself, that would come out and abuse these pedals liek they were part of some metal rock band trying to get signed to a major label.
God knows I beat the crap out of mine. That's why my pedal broke only after 1 month and thats only because I could not practice as much as I wanted.
So, next time I take a wiffle ball game really serious and swing the plastic bat to plastic ball like I was A-rod getting ready to jump on Madonna, I might consider following my power swing with a savvy lawsuit.
That should help all of us consumers who felt cheated. Get a life, dont play like you're John Bonham or Tommy Lee. If you do, search YouTube and modify yourself a real pedal so you can do some real drumming or visit vendors like valuepedal, rockpedal or pedalmasters.com.
Just like the aftermarket car industry, if you dont like the OEM, upgrade with one of their pedals. They have some to suit every user. i got mine from Pedalmasters. Works just fine and I didnt need a lawyer to get involved for a "discovery meeting" at a very low hourly rate of $290/hr.
Just my 2 cents
January 5th, 2009 at 7:58 pm
What about the hinge? No one is talking about how useless a plate is if the pedal broke at the hinge. Like my sons did. It broke after 6 months of normal play. One day he decided he was going to pass the game. He has always played on expert. It broke when he reached song number 41. I guess the damn thing is not designed for continuous play. Even though to pass the game you have to play 58 songs back to back.
January 18th, 2009 at 6:57 am
T5Hukc hi! how you doin?
February 9th, 2009 at 6:53 pm
Pedal, pedal, pedal. Has anyone here had repeated broken drum pads? I have had 3 with rock band and now one with the so called improved Guitar Hero. I have reasearched extensively the plastics industry and know for a fact that this stuff (mainly the pads) could have been made out of Lexan and there would be no problems. It's the stuff bullit proof glass is made of! HELLO Guitar Hero, Hello Rock band! On their buying level this would add next to nothing in cost and saved a lot of people headaches. I would love to see the comments of both companies as to why this was not considered. I bought a warranty the second time and the warranty company says that in the case of repeated failures ther are going to refund as opposed to constant fixes due to the number of complaints they already have.
June 2nd, 2009 at 2:50 pm
I bought the new rockband 2 just so I could get the new pedal (I have replaced mine twice and fixed it 5 times) Today the new pedal broke in the same spot as the old one did. Better Pedal?, I dont think so. Sure they put a metal plate, but they all break at the joint eventually. I would participate in a class action laww suit. I have spent over $500.00 on fixing or replacing my drum set (pedal) Thats criminal!