Well I'm confused. It looks like Gibson is suing Activision for patent infringement in their Guitar Hero series. To be brief Gibson guitars are the licensed guitars in the game, they always have been since the first game.
The suit revolves around simulating a musical performance using an instrument. Last time I used a Guitar Hero controller it was just that, a controller. I can't recall being able to actually make music with the "instrument" only push buttons in time with the discs. With friends like this I would hate to see Activision's enemies.