A federal judge in Detroit has denied a request by the band The Romantics that publisher Activision immediately prevent their song "What I Like About You" from being used in the Guitar Hero Encore: Rocks the '80s expansion pack.
The lawsuit claims that the cover version used by Activision in the game is too similar to the band's original, harming the Romantics' ability to capitalize on its name.
In a press release issued today, Activision said the judge "indicated that to the extent there were any copyright issues, Activision did exactly what the company was supposed to do in developing the product."
Here's what the recently-anointed Worlds Biggest Publisher had to say about the ruling:
Activision is pleased with the ruling and thinks that the case is without merit. Respect for all artists is an important value of the company and Activision has a long history of supporting artists from a range of entertainment fields," The company believes video games represent a growing opportunity for the music industry to reach new audiences and a strong source of potential license revenue for both bands and music publishers.
The legal proceedings surrounding the song aren't over yet, but this week's ruling allows Activision to safely continue selling the expansion containing the song while the case moves forward.