Activision Suing To Stop Brutal Legend Release

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Keane Ng

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Sep 11, 2008
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Activision Suing To Stop Brutal Legend Release



Activision filed suit against Brutal Legend developer Double Fine on Wednesday in an attempt to stop the release of the action-rocker later this year.

Harsh words [http://www.escapistmagazine.com/news/view/89430-Brutal-Legend-Legal-Battle-Escalates] were passed between rival mega-publishers Activision and Electronic Arts earlier this year. The topic wasn't which company has the better looking CEO (gotta go with Riccitiello, frankly), but Tim Schafer's upcoming metal-themed action game, Brutal Legend (umlaut omitted).

Acti-Blizz had implied that it would sue EA if they didn't drop their publishing rights for the game, to which EA responded with some brutal trash talk: "We doubt that Activision would try to sue. That would be like a husband abandoning his family and then suing after his wife meets a better looking guy." Well Activision yesterday did file suit, but it's not against the better looking guy. It's against the wife.

The suit, filed on Wednesday against developer Double Fine, claims that Activision still has a valid contract to publish the game, and had invested $15 million in it, and Double Fine wronged them when they transferred the publishing rights from Activision to Electronic Arts.

Activision claims that it put $15 million in funding for the game, but Double Fine missed a crucial deadline last year and then asked for another year and $7 million to finish the game.

After that, negotiations between the two companies allegedly fell through, and, presumably Double Fine flocked to other shores. Activision, however, says that they never relinquished their rights.

The company claims it suffered "irreparable harm" from this, and point out that if the game's release isn't halted, they'll lose any opportunity to publish the title and sell DLC.

Double Fine has said in the past that they own the rights to Brutal Legend, and after their partnership with Activision ended, they could shop around their product to any interested parties.

If this seems nonsensical to you based on the fact that Activision seemingly were the ones who didn't want Brutal Legend to begin with, you're not alone. It doesn't make much sense. Think like a mega-corporation though, and it might be a little bit clearer. Activision don't want Brutal Legend back, they might just want a little slice of the Brutal Legend pie. Jack Black flavored pie. Mmm!

UPDATE: Tim Schafer himself has responded [http://kotaku.com/5279255/tim-schafer-responds-to-activisions-brutal-legend-lawsuit] to news of the suit, and he says this:

"Hey, if Activision liked it, then they should have put a ring on it. Oh great, now Beyoncé is going to sue me too."

This guy is always on.

[Via Yahoo [http://tech.yahoo.com/news/ap/20090604/ap_on_hi_te/us_games_brutal_legend_lawsuit]]


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KeyMaster45

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Jun 16, 2008
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Ok, so they saw all the great reception that Brutal Legends got at E3 and now they're mad that they dropped it. Tough titty IMO, you guys didn't want it so they brought the giant mountain of skulls to someone else.

Snooze you lose homie, snooze you lose...
 

oliveira8

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Feb 2, 2009
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Activision...You were the ones that dropped the game...your fault.

Activision proving once again that its the worst of the worst in gaming industry.
 

sirdanrhodes

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Nov 7, 2007
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Activision remind me of a spiteful little baby boy. They don't want something until they realise someone else will have fun with it, and then throw a fit...

I want this lawsuit to drop, mainly because I WANT THIS GAME AS SOON AS!
 

Socken

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Jan 29, 2009
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If this doesn't get released I'll burn Actiblizz' HQ down to a bloody (and burnt) pile of ashes.
 

MrLS

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May 17, 2009
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If they try to stop Brütal Legends release i will destroy them... piece by piece with a rusty spoon...

There is a reason i pre-ordered that game, Except the awesome tenacious d guitar...

The game is being made by Tim fucking Schaffer! thats all the reason it needs to be good.
 

More Fun To Compute

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Nov 18, 2008
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I hear that Acti-blizzard hate purity, they hate goodness. They don't want virtue to exist anywhere. They want everyone to be corrupt to the bones. Is this correct?
 

oliveira8

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More Fun To Compute said:
I hear that Acti-blizzard hate purity, they hate goodness. They don't want virtue to exist anywhere. They want everyone to be corrupt to the bones. Is this correct?
Yes.
 

fix-the-spade

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Feb 25, 2008
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What in God's name is Activisions corporate mantra these days then?

It's got to be something like "everything EA used to be... and more,"

This is incredibly petty of them, trying to block the release of the game from the developer they dropped because they had no faith after the previous game failed through catastrophic under advertisement (and breath). Ah well, with any luck Double Fine will have something water tight and contract shaped with which to plug Acti-bliz's greedy pie hole.
 

Keane Ng

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Updated the post with more details about the suit. According to Activision, the whole idea that they just "dropped" the game is a little more complicated than that.
 

Jumplion

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Mar 10, 2008
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Activision, I think I can safely say SCREW YOU.

Frankly, after seeing gameplay footage of Brutal Legend, I'm not too confident on it. Sure, it's from Tim Schafer and it's hilarious, but it seems to me that it's lacking on the gameplay side...
 

Tempest Fox

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Oct 18, 2008
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My wonder is why they would invest money in a product they had no interest in to begin with. I mean, either they made the deliberate attempt to set up Schafer and Double Fine for failure, or they really are THAT STUPID.

I'm with Socken on this one: if Brutal Legend isn't realized because of this stupidity, we riot.
 

stormcaller

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Sep 6, 2008
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Damn these people, your making me angry at Blizzard (technically).

Fanboy's paradox incoming...