As part of a $20 million lawsuit, a judge has thrown out Axl Rose's claim that Activision fraudulently led him to allow "Welcome To The Jungle" on "Guitar Hero III" - but will allow a trial for breach of contract to go ahead next February.
Activision promised that it wouldn't feature any reference to Slash, the guitarist who has been Rose's arch-enemy since splitting from Guns N' Roses in the 1990s. Slash later featured on the cover of the game and as a playable character.
The judge is expected to dismiss the claim because Axl waited more than three years to file his fraud claims, and the statute of limitations had expired.
In his defence, Axl claims that Activision led him to believe there would be other Guns N' Roses dedicated games worth a lot of money:
"Activision offered me a separate video game and other business proposals worth millions of dollars to resolve and settle my claims relating to 'Guitar Hero III'," he said in a deposition (via Hollywood Reporter).
However, Axl's claims that there was a breach of contract over the same issue will be settled in early February 2013.
A copy of the court documents filed by Rose's attorneys in November 2010 can be found at RadarOnline.com (PDF file).