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 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 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]

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Why would you sue to get something you don't want?

Now we just need the Activision CEO's to drive their car into a swimming pool while EA demand a bowl of brown M&M's.

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...

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.

it all comes down to money

again

Keane Ng:
Jack Black flavored pie. Mmm!

*shudders*

Activision certainly aren't the nicest kids on the corporate block, are they?

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!

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

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.

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?

More Fun To Compute:
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.

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.

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.

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...

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.

Activision. My last game that I will be buying from you is Modern Warfare 2.

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

Fanboy's paradox incoming...

FUCK YOU ACTIVISION!

You once again provide me more the reason to hate you.

Shut up activision, no one likes you.

stormcaller:
Damn these people, your making me angry at Blizzard (technically).

Fanboy's paradox incoming...

As I told Keane, I'd hate to be Mike Morhaime right now. Having your company's name attached to this can't be fun.

Boy, this sure ain't winning Activision any fans.

This is fucking nonsensical. Activision, you've lost a lot of respect I once had for you. Double Fine, fear not, the power of rock will and must prevail over trivial things such as lawsuits. ROCK ON!

Keane Ng:
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.

If they dropped it then they dropped it, they got rid of it. And why they would drop a game made by Tim Schafer is beyond words. Not every game needs to be remade every year to be good.

They dropped Ghostbusters too, and I don't see them suing Atari for publishing in the U.S. and Sony for publishing in other places.

If I invested 15 million into a project during these harsh economic times and saw a way to regain some of that money I think I'd follow Activisions suit.

I say we break out the flamethrowers and torch some actibliz corporate execs

We now find ourselves defending Electronic Arts.

Ironic, no?

Activision and EA are by far the worst game publishers around nowadays, and this game looks so bad that this pre-release drama may be the most fun we'll get out of it. So swing away Activision.

This is just mad...
"I'm suing you because I told you to bugger off & take your game with you, but now the game looks decent..."
Really would by the kind of thing Cartman would whine to his mum about...

D_987:
these harsh economic times

Yeah. If they get any harsher the Activision executives might not be able to afford the mortgages on their gigantic, undeserved, palaces.

Is anyone else picturing a loud mouthed bitch with an Activision shirt on yelling at someone with an EA shirt on, while someone with a Blizzard shirt is sitting next to the Activision chick, blushing brighter than an apple?

She's totally embarrassing her roommate.

So wait. Activision turns down Brutal Legend, now are suing over it.

Sorry guys, but you gave up any right to it when you said "no". In fact I remember you saying you saw "no franchise potential" in the game. That sounds an awful lot like relinquishing your control over it. In fact, when you acquired Vivendi you did not pick up the title as one of the 5 you were keeping publishing control over.

Christ this isn't even a lawsuit, this is a time and money waster.

What does it say when EA is the less evil entity in a lawsuit?

jdnoth:

D_987:
these harsh economic times

Yeah. If they get any harsher the Activision executives might not be able to afford the mortgages on their gigantic, undeserved, palaces.

Source?

I hate Activision so much.

First they ruin CoD for me, then they drop Brutal Legend because it "doesn't have sequel potential", and now they're suing EA for publishing the game that they dropped? They were the ones who said they didn't want to publish this game! Double Fine didn't abandon Activision; they were dropped at the wayside!

I never thought I'd ever say this, but I actually want EA to win this one.

This reminds me of something....
OH! This reminds me of the "Watchmen" lawsuit, when Fox sued Warner Brothers!
Activision, why do you want a game that you don't even want in the first place? That's like saying I don't want this, but I don't want you to have it, so I gonna take it from you. Stop acting like little kids Activision!