A judge struck a blow against Axl Rose in the latter's suit against Activision, dismissing his claim that he had been fraudulently induced into allowing the gaming company to use Guns N' Roses' "Welcome to the Jungle" in Guitar Hero III.
Axl also complained that the company promised him they would not use Slash or references to Velvet Revolver in the game before doing so.
The judge said that he would allow the breach of contract suit to go forward, setting a trial date for February of 2013.
Activision claims that the statute of limitations has expired on Rose's claim given that the game was released in 2007, but Rose says that he did not file a claim sooner because he was negotiating terms for an exclusive GNR video game:
"From December 2007 through November 2010, Activision was offering me a Guns N' Roses dedicated video game, a game dedicated to music from the Chinese Democracy album, and other proposals."
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