Guns N' Roses' Axl Rose may wish to distance himself from Slash as much as possible, but the proximity of the frontman to his former guitarist will stand in the 'Guitar Hero III: Legends of Rock' video game. A judge dismissed Rose's lawsuit against Activision Blizzard Inc. in which he claimed the gaming company broke a promise made to him when he agreed to license his music.

According to the San Marino Tribune, Los Angeles Superior Court Judge Charles Palmer heard more than two hours of arguments Jan. 31 concerning the lawsuit's contract claims before taking the case under submission. On Thursday (Feb. 7), he affirmed his tentative ruling and tossed out the remaining causes of action in the case.

Back in August, Palmer threw out Rose's initial fraud and misrepresentation claims because they were filed beyond the statute of limitations, but left the vocalist with the ability to pursue the contractual causes of action. In the time since the last court date, Activision filed another dismissal notice and this time Palmer ruled in their favor.

Rose alleged that he had agreed to allow usage of 'Welcome to the Jungle' in the video game only if Activision were to disallow any images of his former Guns N' Roses bandmates or their current band, Velvet Revolver. However, Slash appeared as a character within the game itself. Even though Rose voiced his displeasure during production of the game, the company moved forward with their usage of the guitarist's image and the band's song.

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