The problem stems from what McLaughlin claims as the unlicensed use of three tracks from the influential goth-hardcore act and their 1998 album The Fine Art of Original Sin. The tracks in question, "The Fine Art of Original Sin (GFS Resonant Mix)," "The History in Ecstasy" and "VampireFastCode ver. 1.5." were used by the company in their 2001 snowboarding game Amped for their XBOX game console.
The game includes 227 songs, including contributions from Thursday and the Get Up Kids. Ink and Dagger split up after the death of vocalist Sean McCabe in 2000.
In a conversation with The Philadelphia Weekly, McLaughlin said:
We've got a David and Goliath scenario, And we're going up against the Standard Oil of the 21st century ... The possibility for financial gain is significant, but it's really about the principle.
Microsoft did not respond publically to the charges, citing a policy not to comment on pending lawsuits.