Free Speech Defense Stays Dead In 'Band Hero' Suit

Law360, New York (February 16, 2011, 2:26 PM EST) -- A California appeals court has given rock group No Doubt a boost in its breach of contract and right of privacy suit against “Band Hero” video game maker Activision Publishing Inc., affirming a rejection of the company's free speech defense.

The California Court of Appeals' decision Tuesday answered questions of whether Activision's right to free speech and artistic expression trumped No Doubt's rights to protect its commercial image, with the court noting that Activision's free speech argument would essentially nullify the existing contract.

The appeals panel...
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