"It's a very good imitation, and that's our objection," said Troy attorney William Horton. "Even the guys in the band said, 'Wow, that's not us, but it sure sounds like us.'"Link
Horton said Activision should have secured a master license for the Romantics' original 1980 recording, then paid appropriate royalties. He said the band became aware of the issue when fans said they'd heard the song in the game but members saw no accounting for it on their record-label royalty checks.
"I was very upset because the band had worked very hard over many years to develop and use its distinctive sound," the Romantics' Wally Palmer said in an affidavit.
Mark Frauenfelder is the founder of Boing Boing and the editor-in-chief of MAKE and Cool Tools. Twitter: @frauenfelder. Come and hear Mark speak at the ALA conference in Chicago on July 1.