I'm sure many of you folks who own Rock Band (Xbox 360, PlayStation 3, Wii) have found the drum pedals that come with the kit aren't all that durable. Some might even say they're defective. I'd like to use a stronger word to describe them but good taste forbids.

Don't believe me? Search the net a little bit and note the numerous Rock Band drum pedal repair and reinforcement  businesses that have sprung up. They're not there because people don't need them.

Anyway, someone else has apparently noticed the weakness of the pedal's design and has taken his observation one step further: Monte Morgan from Kansas claims that Harmonix and co. know about the defect in their pedals and are actively trying to profit off of it.

Morgan hired a team of lawyers to put his grievances into writing and slapped Harmonix, EA, MTV and Viacom with a class action lawsuit for an unspecified amount and an injunction order, presumably on the sale of more any more "defective" drum pedals.

The suit comes heavy with circumstantial evidence (remember, civil suits generally only need a preponderance of evidence and not evidence beyond a reasonable doubt). Among other things it pointed out was the suspicious timing of the expiration of Rock Band's extended warranty to coincide with Rock Band 2's release and the fact that improvements to kick pedal in Rock Band 2 figure so prominently in the game's marketing campaign.

Ordinarily, I'd give my blessing to anyone brave enough to take on corporate giants for releasing a dodgy product, but given that his suit seems to be targeting the extended warranty *and* the new metal plate added to the drum kick pedals.... I don't know if I want to see him win this one.

If a company treats its customers well in the hopes of keeping them as customers in the future, do we really want to punish them for it?

---

Related Articles:

• You got served: Konami sues Viacom and Harmonix over Rock Band