Enlarge / Just one of the hundreds of “Guitar Hero TV” songs that will no longer be playable in a few months.

Activision announced that shutdown back in June, and we noted at the time that the move will make 92 percent of the game’s playable songs permanently inaccessible. In the lawsuit, filed this week in a California federal court, plaintiff Robert Fishel argues Activision’s marketing led him to believe the game would be “playable online indefinitely or, at least, for a reasonable length of time from the date of release.”

The lawsuit highlights Guitar Hero Live marketing that describes the Guitar Hero TV mode as “an always-on music video network… running 24-hours a day, seven days a week” with “a continuous broadcast of music videos” and “new videos continually added to the line-up.” Marketing materials also promise that “you’ll be able to discover and play new songs all the time.”