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Activision Sues To Stop Brutal Legend Release
by Alice O'Connor, Jun 04, 2009 7:19pm PDTUpdate 2: Further AP details reveal more of Activision's complaint. The publisher claims Double Fine was paid $15 million to develop Brutal Legend but missed a key deadline last year, allegedly stating that another nine months and $7 million were needed.
While no agreement to get Brutal Legend back on course was ever reached, Activision contests it never gave up publishing rights and as such Double Fine could not take the game to EA. Activision bemoans the loss of its investment not only in Brutal Legend itself, but the ability to sell seemingly lucrative Legend-based downloadable content.
Update: The official Brutal Legend Twitter received a simple update, since removed:
Re: today's bummer news...in the words of the inimitable Ms. Beyonce Knowles, "If you liked it you shoulda put a ring on it".
Original story: Activision is suing Double Fine Productions to stop the release of Brutal Legend, The Associated Press reported, claiming it still holds a valid contract to publish the heavy metal fantasy and has invested roughly $15 million in it.
The dispute stems from Brutal Legend's troubled history. Activision declined to acquire the game's publishing rights from Vivendi when the two merged in July 2008. EA picked up Brutal Legend that December, and planned to release it on October 13 this year.
Reports emerged in February that Activision believed it was still in negotiations over Brutal Legend when EA picked up the title, and was considering suing. An EA representative responded at the time that it would "be like a husband abandoning his family and then suing after his wife meets a better looking guy."
EA and Double Fine Productions have yet to comment, but we'll keep you updated.
Comments
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Look at Valve. They publish their own stuff right? And If I understand correctly they also get involved in other peoples games games. Same with §DR when they existed, with Max Payne, Prey etc.
Those guys were developers themselves. A game developer is the only thing that should be allowed to publish a game.
I've completely lost what I was trying to say..but I'm sure you understand the gist of it. If not, then I will simply say..Monkey Tennis.
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Could this be what happened?
1. Double Fine signs publishing rights for Brutal Legend to Activision
2. Activision gives Double Fine $15M, sets a deadline. Double Fine presumably agrees
3. Double Fine misses deadline, says they need nine more months and $9M
4. Activision doesn't give Double Fine more money, wants to negotiate
5. Double Fine, during negotiations, sells the publishing rights to EA
6. EA gives Double Fine the $9M they need. Perhaps they figure it's Double Fine's problem to pay back Activision?
7. Activision says that they still own the publishing rights, that they're not Double Fine's to sell, and threatens to sue
8. Double Fine ignores Activision
9. Activision sues Double Fine
It's not like there's some sort of "publishing rights police" that can prevent this sort of thing from happening - Activision suing because they believe they've been wronged and that Double Fine illegally sold the publishing rights is how these things get handled.
And the reason Activision wants to block the release of the game is because if they're right then EA doesn't have the right to put the game out in the first place.
Granted, this is me pulling this all out of my ass, guessing the above scenario based off of taking Activision at face value. I love Double Fine, I bought Psychonauts, and I want this game to succeed (release a PC version please) but really, maybe Double Fine is in the wrong here? We want to believe that they're the spunky rebel of the game developing world but could they have pulled a dick move of their own here?
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Read: Guitar Hero unlocks
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This game has cost more than DNF!
I don't believe it tells us much about Brutal Legend actually, but a lot about DNF. It's cost wasn't as craaaazy high as we first thought it was... oh welp..
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And also, make a PC version.
PC VERSION DAMMIT
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if they don't like it they can fund things to completion. of course EA should re-coup any costs of manufacture and distribution and advertising before activision sees a dime.
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lol
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it should be in black and white, and whoever is stupid here will hopefully get assraped all nice and proper.
So, it's probably going to come down to finger-pointing and nit-picking over tiny random details. And then eventually there will be some private out-of-court settlement agreement and everyone will move on after agreeing to disagree over the contract interpretation.
Did everyone gloss over this? That's hilarious
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What a douchebag move Activision...both in timing (announcing this during E3) and doing it to begin with.
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What a load of shit, activision probably didn't want it because they thought it would be a critically acclaimed financial flop and now they're shitting themselves because it might be a hit. GUITAR HERO IS DOING AWESOME, THIS GAME ROCKS OMG OMG OMG /sue
That's awesome. lol.
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http://www.joystiq.com/2008/11/06/activision-blizzard-ceo-kotick-vivendi-franchises-lacked-poten/
"When asked about the Vivendi Games franchises that were tossed aside when Activision consumed the company (e.g. 50 Cent, Ghostbusters and Brutal Legend) during yesterday's conference call (transcript via Seeking Alpha), the Big Kahuna said, "With respect to the franchises that don't have the potential to be exploited every year across every platform with clear sequel potential that can meet our objectives of over time becoming $100 million plus franchises, that's a strategy that has worked very well for us.""
Anyway, fuck them both, gimme a PC versions or both go to hell :P
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