Activision Suing To Stop Brutal Legend Release

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johnman

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Oct 14, 2008
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I would like to see how this unfolds. Ea, a giant mega company with so much experiance in lawsuits its not even funny anymore, and Activision who are also a large and sucessful company. 3.
2.
1.
FIGHT!
 

CastaliaMoirae

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Oct 22, 2008
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I don't really care so much about EA, I'm more bothered that they're going straight for Double Fine and the game. Maybe Activision thought it could win since Double Fine's relatively small, but come on.

As has been said, all that really matters is the game and the timely release of it. Also, I would not be surprised if Activision notices a drop in sales.
 

Asehujiko

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Feb 25, 2008
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Does anyone know if Infinity Ward has a snailmail address or a paypal account anywhere? That way i can just pirate MW2 and send my $50 directly to them without $49 of it ending up with Bobby and the like.
 

HippySecond

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Jun 11, 2008
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Dear Activision
weigh it up, the $15 million or % of game profits you MIGHT receive Vs Bad PR (well, really, really bad PR) everyone thinking your a little ***** baby with a skinned knee. if you stop this game i expect the hate to flow thick and fast. if you delay it, same story. should have done your research, people are willing to sell their left nut, or first born child for this game.
Love and kisses (and maybe some hate mail you motherfuckers!) Hip

i can understand Activision being bitter, and wanting to get invited to the party, (i'd be thinking this game is going to sell a crap load of copies) but they tore up their invite and now other guests have been invited, sure they could sneak in, but everyone is going to know, and noone is going to be happy about it.
 

Kellerb

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Jan 20, 2009
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the bastards let the game go because they thought it didnt have money quality in it. when EA decides to produce it and people love it, acti-blizz want some of the money. BASTARDS.
 

Drakulla

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May 19, 2009
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WOW, what is wrong with Activision. Are they that disparate to control the gaming industry.
 

Vanguard_Ex

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Mar 19, 2008
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I wouldn't say that money is the root of all evil, but you must admit it's both fascinating and disgusting to watch companies degrade themselves over cash.
 

RheynbowDash

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Jan 26, 2009
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I swear to my non-existing god, if they dont release this game this year, im going on a killing spree.
 

Supernaut565

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Mar 18, 2009
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If Activision prevents Brutal Legend from being released they will officially be my mortal enemy's to the death and even after death. Now that Activision has seen that Brutal legend looks amazing they change their mind's and they want it back does that seem kind of childish to any one else.
 

tredlow

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Jun 6, 2009
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GOD FUCKING DAMMIT ACTI-FUCKING-VISION!!! WHY MUST YOU BE SUCH A DICK?!

If they succeed in halting the release of Brutal Legend by just ONE DAY, I will hire trained assassins to set fire to their wives and inject their pets with mutant genomes and release them in their offices.

Here's hoping that EA will get off their asses and do something about this.
 

KingPiccolOwned

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Jan 12, 2009
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Moccamonster said:
KingPiccolOwned said:
This, to me, makes about as much damn sense as Take Two suing 3D Realms. Companies are retarted.
Wait, back up. Why doesn't that make sense? Take-Two invested a lot of money in DNF, and 3DRealms assured them the game would come out. Now it's as good as cancelled?

What's wrong with that?
Because, it was Take Two's idea to keep delaying production DNForever. That was my interperetation of what took place anyways.
 

thejtrain

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May 27, 2009
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I've been waiting for this game for quite a while and will be very upset if this delays or cancels the release of the game. That said,

Kwil said:
Really this all depends on the contracts.

If Activision has a contract with Doublefine that essentially says "We pay you 15 million, we get to publish Brutal Legend" that has no specifid out clause for DoubleFine, they win. Doesn't matter if DoubleFine needed another x million to finish the game and went and got that from EA.. that's EA's problem.
Exactly. The courts won't care one whit about the wording ("dropped" vs. "canceled" vs. "don't want" vs. "no mention was made") that was used by Escapist/GameSpot/Kotaku reporters, they'll only care what the paperwork says. To just pick out 6 of the bigger-name games that were reportedly left unmentioned by Activision when they took over Vivendi's catalog, 3 have already been released by publishers other than Activision (50 Cent: Blood on the Sand by THQ, World in Conflict: Soviet Assault by Ubisoft, and Chronicles of Riddick: Assault on Dark Athena by Atari), and 3 are due for 2009 release by other publishers (Wet by Bethesda, Ghostbusters by Atari, and Brutal Legend by EA).

So since Brutal Legend is the only one receiving this kind of drama, the possibilities (legally speaking, publisher grandstanding & posturing notwithstanding) as I see them are these:
1) Activision's action of "dropping" all 6 were exactly the same, and a complete disavowal of all rights henceforth, making all 6 unattached free agents, able to seek a new publisher with no strings attached, OR...
2) Activision's action of "dropping" all 6 were exactly the same, but not a complete disavowal ('cause really, what company would do that to a property it already sunk millions into?), therefore the individual studios developing each title had to go through the proper channels and proper, legal process in transferring their publishing contract from Activision/Vivendi to the titles' new publishers. The other 5 studios (Terminal Reality, Starbreeze, Massive Entertainment, Swordfish, and Artificial Mind) did so, hence no drama with those other 5 games, but Double Fine did not, OR...
3) Activision treated the 6 differently, some had to seek permission to publish elsewhere, others didn't, etc. The other 5 (presumably) did whatever they had to do, and whatever the terms were regarding Brutal Legend, Double Fine didn't do what they had to do, OR...
4) Activision treated the 6 differently, some had to seek permission to publish elsewhere, others didn't, etc. The other 5 (presumably) did whatever they had to do, and whatever the terms were regarding Brutal Legend, Double Fine met them in full in transferring to EA.

Obviously EA is hoping & praying that (if it goes to trial of course) the court will find that either 1 or 4 are the truth, where if 2 or 3 are true, Activision will get a payday. Is Activision acting the part of the jerk by waiting this long to sue? Of course they are. It may never get as far as a trial court - the parties may settle for some undisclosed sum or percentage. But at the end of the day, the paper don't lie and either 1) Activision will have to suck it up and realize they made a bad decision or 2) Double Fine and/or EA will have to fulfill the terms of the contracts they were party t, or 3) EA will throw some money Activision's way just to make them go away, without sending the thing to trial.
 

mooncalf

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Jul 3, 2008
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"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."

Activision will suffer irreparable harm if it persists in it's perplexing attempt to keep the lovechild of Tim Schaefer and Black Jack (mhmm) from the eagerly-awaiting fans.

I mean seriously, they think they can deny us Brutal Legend, and not be made into a publishing pariah?