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.