The suit, brought by plaintiff Samuel Livingston of San Diego and represented by the law firm KamberEdelson, LLC, “seeks actual damages, individual restitution, equitable relief, civil penalties, costs and expenses of litigation, including attorney’s fees, and all further relief available.”

The suit claims that Activision has not rectified the problem for “any purchaser” of Guitar Hero III, nor has it taken steps to point out the issue to future purchasers. By noting that the game is still on store shelves this holiday, the suit alleges that Activision is continuing to engage in deceptive practices.

This is Activision had to say about this:

We recently became aware that some consumers have not been able to enjoy the full audio output in the Wii version of Guitar Hero III: Legends of Rock.  We are currently working with Nintendo and are planning to issue an improved audio experience in future versions of the game.  We expect to have re-mastered discs available by early 2008 and we will be offering consumers replacement discs at no cost once they become available.   We thank all of our customers for their support and patience.

People will sue over anything these days. My coffee was hot, my electrical socket shocked me when I stuck in a fork, Unicorns are real and scientist say they aren’t.