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Activision sues Brutal Legend developer to prevent Rocktober photo

Remember back in February when EA referred to Activision as "a husband abandoning his family and then suing after his wife meets a better looking guy"? That was pretty funny. What's not so funny, however, is that Activision sued Double Fine yesterday for allegedly "not delivering Brutal Legend on time," among other things.

As reported by AP Entertainment Writer Anthony McCartney, "the lawsuit claims Activision paid Double Fine about $15 million to develop 'Brutal Legend,' but the studio missed a key deadline last year," and "said it would need another nine months and $7 million to complete the game."

The two companies attempted to negotiate an agreement, but that never happened, according to Activision's suit. Furthermore, "Activision contends it never relinquished its rights to the game and that Double Fine improperly transferred 'Brutal Legend' to EA."

Activision feels "irreparable harm" has been incurred, because it A) lost Brutal Legend and B) won't have the opportunity to sell DLC for the game unless the October 13 release is not prevented. As far as I'm concerned, this is a dick move of the highest degree.








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88 comments | showing # 1 to 50
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Monodi's Avatar - Comment posted on 06/04/2009 14:55
Monodi
This is really, really sick industrial filth. Come on guys, wreck Activision's E3 booth while you can. E3 is not over yet.
Jon B's Avatar - Comment posted on 06/04/2009 14:55
Jon B
Activision employed Simon Cowell as its lord of nastiness I see.
Or maybe they're planning to resurrect Hitler or something.

Either way, shut your face Activision. Just because you now see that this would have made you tons of moolah doesn't mean you can bitch and whine to get a slice of the pie.
the Golden Avatar's Avatar - Comment posted on 06/04/2009 14:56
the Golden Avatar
Rocktober cannot be stopped, cannot be denied!
ME4Twaffle's Avatar - Comment posted on 06/04/2009 14:56
ME4Twaffle
This is BS to the Nth degree...
Didn't they not even WANT Brutal Legend?
yingfo's Avatar - Comment posted on 06/04/2009 14:58
yingfo
Eques-Ardor is right Activision wanted nothing to do with Brutal Legend after the merger, but now after all the buzz its creating at E3 they're gonna be total asshole about it.
Monodi's Avatar - Comment posted on 06/04/2009 14:58
Monodi
@Eques-Ardor

Yeah but they got pissy butthurt now they know it will be fucking incredible.
yingfo's Avatar - Comment posted on 06/04/2009 14:59
yingfo
Eques-Ardor is right Activision wanted nothing to do with Brutal Legend after the merger, but now after all the buzz its creating at E3 they're gonna be total asshole about it.
Nicojay2's Avatar - Comment posted on 06/04/2009 15:00
Nicojay2
Activision feels "irreparable harm"...
B) won't have the opportunity to sell DLC for the game]

Yeah... Activision.
VGFreak1225's Avatar - Comment posted on 06/04/2009 15:01
VGFreak1225
If there wasn't any reason before, I now know what I'm getting this Rocktober. Suck it Activision.
GoldenGamerXero's Avatar - Comment posted on 06/04/2009 15:04
GoldenGamerXero
Since when did Activision become the asshats and EA the good guy? Welcome EA to the land of gamer's hearts. You can sit to the table with Atlus, Capcom and Retro Studios. Oh sorry Activision you not on the list anymore but you can stay outside with Southpeak and Square Enix (Yeah I'm bringing that up. Again)
Chronic Logic's Avatar - Comment posted on 06/04/2009 15:05
Chronic Logic
For Activision, if there's one thing worse than not making money, it's losing money to ANOTHER company, namely EA.
Tubatic's Avatar - Comment posted on 06/04/2009 15:06
Tubatic
So, lets go to that next step:

What's the implication of "boycotting" Activision?

Prototype
Diablo 3
Starcraft 2
Guitar Hero
CoD
Marvel Ultimate Alliance 2
The new transformers game.

Anybody up for that one?
Timtoid's Avatar - Comment posted on 06/04/2009 15:06
Timtoid
but... but... I wrote it in my Calender... IN PEN.
t0pc0w's Avatar - Comment posted on 06/04/2009 15:07
t0pc0w
Activision gives Double Fine 15 million to make a game.
Double Fine drags their feet, misses a deadline.
Double Fine demands another 7 million to finish the game.
Activision tells them to go fuck themselves.

EA then illegally scoops up 15 million worth of work for nothing (or close to it), and you guys jump all over ACTIVISION?
Tha_Meat's Avatar - Comment posted on 06/04/2009 15:10
Tha_Meat
I don't know the whole story but in my line of work, missing contractual deadlines is BAD!
Monodi's Avatar - Comment posted on 06/04/2009 15:11
Monodi
@t0pc0w

Pfft, Activision payed for the construction of a game that was purely out of Schafer's mind, despite of publisher the content would have been too similar if not exactly the same.

That point made, Activision dumped the thing away as something they could not explode, they snoozed it and lost the boat.
ouched's Avatar - Comment posted on 06/04/2009 15:13
ouched
@ t0pc0w

Yes. Activision cut ties to the project and Double Fine shopped it to EA, and didn't give care about until it started getting a lot of favorable coverage. Activision would be well advised to drop the case, and dump their legal fees into making yet another Guitar Hero game no one will give a crap about, or milking CoD.
Vitothedon's Avatar - Comment posted on 06/04/2009 15:14
Vitothedon
My impresssion was that after the merger, all of the games were let loose. You don't see them all over atari for Ghostbusters. If they sue EA, it stands to reason they would be obligated to sue Atari over improper transfer of license and such.
ThunderHeartXI's Avatar - Comment posted on 06/04/2009 15:14
ThunderHeartXI
As long as they can push the game out by October 13th, everything will be fine. But if this goes to court this game will probably be fucked.
DJP3DRO's Avatar - Comment posted on 06/04/2009 15:15
DJP3DRO
@Tubatic I can do that perfectly fine.

@t0pc0w You obviously haven't been following the story and are only listening to Activision's version of it.

Sierra agrees to publish Brutal Legend. Sierra finances it, which Double Fine appreciates very much. Activision buys Sierra a while after. Activision drops every single game from Sierra's publishing roster except for the Crash the Bandicoot and Spyro the Dragon titles (with one or two others) and tells all the other games (including Brutal Legend, WET, and Riddick: Assault on Dark Athena) that they're on their own now. Again: Activision WILLINGLY MAKES THE DECISION THEMSELVES TO DROP BRUTAL LEGEND.

They all go off in separate directions, Double Fine hooks up with EA for the publishing rights. Activision mopes, EA goes "neener neener" in their direction a little. Activision now wants Double Fine to stop making the game, because if they can't have it, nobody can, even though - I repeat - ACTIVISION WILLINGLY DROPPED THE GAME OF THEIR OWN WILL AND ACCORD. This isn't some Duke Nukem shit where the developer was incompetent.
covah's Avatar - Comment posted on 06/04/2009 15:15
covah
Buying Modern Warfare 2 used. Fuck you Activision.
bunnymud's Avatar - Comment posted on 06/04/2009 15:16
bunnymud
HAHAHAHAHHAHAAAAAAAAAAAAAAAAAHA


Good luck getting ANY money out of Atari
MrSlippery's Avatar - Comment posted on 06/04/2009 15:16
MrSlippery
This is indeed a dick move of the colossal variety.

Are they that desperate that they have to sue a dev of a new IP, when they have much larger cash cows in their stable? embarassing.
SephirothX's Avatar - Comment posted on 06/04/2009 15:17
SephirothX
@Tubatic
The only title out of that list I'd want is Starcraft 2...

This is a huge dick move from Activision and I really don't think they're going to win this one. All indications point to Activision giving up on the title rather than giving it proper time to grow, so hopefully our justice system has some common sense (of course, this is the same justice system that like OJ go free... fuck).

God, I really just wish Brutal Legend would go the fuck away. There is way too much hoopla about everything this title has been through and the overhype its gotten since long before any of us saw gameplay is ridiculous. I personally think this game is the next Too Human in waiting, but ugh. Damnit I'm sick of hearing about Brutal Legend.
RonBurgandy2010's Avatar - Comment posted on 06/04/2009 15:17
RonBurgandy2010
If Brutal Legend does not come out in time, there will be nothing that can stop my wrath.
Havoc Fang's Avatar - Comment posted on 06/04/2009 15:18
Havoc Fang
Bah. Tim Schafer finally starts getting a chance he deserves and now this...

Activision and EA are the nessassary evils of this industry. Abusing what we need to get us what we want.
GoldenGamerXero's Avatar - Comment posted on 06/04/2009 15:20
GoldenGamerXero
@t0pc0w

DJP3DRO is right but I wanna say Activision side of the story is pretty dumb too Let's see here.

Activision gives Double Fine 15 million to make a game. That's cool
Double Fine drags their feet, misses a deadline. They could have rushed the game and made some shit any idiot would buy but they have standards.
Double Fine demands another 7 million to finish the game. Again standards.
Activision tells them to go fuck themselves. I probably would to that's fair

EA then illegally scoops up 15 million worth of work for nothing (or close to it), and you guys jump all over ACTIVISION?

Because they didn't give two shits about the game until they realised maybe if they had just paid them the 7 million they could have had a fantastic game but instead they fucked it up and went all if I can't have it no one can

If someone divorces you and aborts your baby then you knock another girl up she can't then say you have to abort this one too (Bad metaphor)
TheBigFeel's Avatar - Comment posted on 06/04/2009 15:20
TheBigFeel
My understanding was _Vivendi_ paid for the development of the game. Activision bought Vivendi and left Brutal in limbo. They abandoned it. It would not have happened. EA tried to purchase it; Activision refused to negotiate and was read to leave it for dead. Then, some legal loophole somewhere let EA say "fuck it, let's give Double Fine money to finish their game and this says we're in the clear".
It's demonstrable that Activision abandoned the property with no intention to protect the assets (just like Ghostbusters.. which they aren't suing for surprisingly); EA will win this because they have as much money for lawyers as Activision. Activision is just trying to disrupt EA as much as possible by what can only be called corporate bullying.
AudioTerror's Avatar - Comment posted on 06/04/2009 15:21
AudioTerror
Making Tim Schafer sad should be against the law and punishable by severe whipping. Or death.
Teta's Avatar - Comment posted on 06/04/2009 15:21
Teta
What a bunch of assholes.
Swizzler121's Avatar - Comment posted on 06/04/2009 15:24
Swizzler121
I'd show a picture of the Activision board, but you guys would ban me because its just a picture of a bunch of dicks and assholes.
ZServ's Avatar - Comment posted on 06/04/2009 15:29
ZServ
How is Activision right? They dropped the game! When you drop the game, you lose your claim to it. By that logic, Ghost Busters should be getting pounded too!
GoldenGamerXero's Avatar - Comment posted on 06/04/2009 15:29
GoldenGamerXero
@Swizzler121

Dude. BEST BURN EVER! Seriously SOMEONE GET THIS MAN SOME CAKE!
Monodi's Avatar - Comment posted on 06/04/2009 15:30
Monodi
Either way of who wins, this legal battle will be epic.

Two third party publishing monsters one which joined the light side (EA) when the other joined the dark one some time ago (Activision) with a huge army of attorneys.

A brutal legend indeed.
ThePottedPlant's Avatar - Comment posted on 06/04/2009 15:30
ThePottedPlant


...That is all.
CloneTrooper's Avatar - Comment posted on 06/04/2009 15:35
CloneTrooper
Brutal Legend Twitter update:

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".

From Joystiq:

Activision Rep: "Have you been to the booth yet?"

Xav: "Not yet. I want to check out Brutal Legend... wait sorry, that's EA. You guys used to have it."

Activision: "Yeah. Don't rub it in."



Epic Burn.
wanderingpixel's Avatar - Comment posted on 06/04/2009 15:36
wanderingpixel
Double Fine should have been more responsible about meeting the deadline. But activision has no right to sue them for that. There was nothing illegal about the deal between DF and EA.
HarassmentPanda's Avatar - Comment posted on 06/04/2009 15:44
HarassmentPanda
I don't know all of the background, but based on the little bit in this article, Activision doesn't seem to be in the wrong. I want to play Brutal Legend as much as the next guy, but if Activision owns the rights to the game and decides not to publish it, Double Fine doesn't automatically regain the rights to the game. Again, I don't know nearly enough about the facts, but boycotting Activision seems a bit silly.
Tubatic's Avatar - Comment posted on 06/04/2009 15:44
Tubatic
That's great CloneTrooper!
Vanilla Gorilla's Avatar - Comment posted on 06/04/2009 15:47
Vanilla Gorilla
@ouched

Activision didn't cut ties, it dropped interest. Not continuing to fund a game that they are contractually publishing is well within their rights to do so.

At best, you can call this a dick move. But they have the legal rights to do so.

You couldn't get funding from investors, not release the contractually agreed product, then get funding from different investors and expect the initial investors to be happy with your decision to use $15 million of their money to develop the project that you and different investors will reap the benefit of.
Maurice Tan's Avatar - Comment posted on 06/04/2009 15:51
Maurice Tan
Does this mean we'll have to wait till Rapril?
Kyousuke Nanbu's Avatar - Comment posted on 06/04/2009 15:51
Kyousuke Nanbu
If their is a contract that states that Double Fine had a deadline to meet then Activision does have a case.

I understand people are pissed, hell I'm dying to play it and then we get this shit but if Activision really did pay 15 million with a deadline and then Double Fine needed 7 more and there are documents proving this then Activision has a case, its called breach of contract.

I hope nothing comes off it but if there is a case what I see happening is the game gets published and get Activision gets a chunk of the profits.
Darren Nakamura's Avatar - Comment posted on 06/04/2009 15:54
Darren Nakamura
I was under the impression that Activision dumped Brutal Legend, citing that it wasn't a title that could be exploited as a franchise on a yearly basis (their words). Now they are suing for some of the money they stupidly lost themselves.

~rolls eyes~
t0pc0w's Avatar - Comment posted on 06/04/2009 15:54
t0pc0w
@ Vanilla Gorilla

Exactly!
grasslunatic's Avatar - Comment posted on 06/04/2009 16:01
grasslunatic
Not even evil Activision can stop ROCKTOBER.
crila's Avatar - Comment posted on 06/04/2009 16:07
crila
Screw the law bullsh*t, I just want to play this game!
DJP3DRO's Avatar - Comment posted on 06/04/2009 16:07
DJP3DRO
All you retards saying this is legal are only listening to Activision and nobody else. Once again, they dropped the game of their own accord. THEY WILLINGLY DROPPED THE GAME.
Xhumation's Avatar - Comment posted on 06/04/2009 16:08
Xhumation
Well I guess we can all agree that activision is an evil empire that's ruining the world for everyone.

I want Rocktober, I neew Rocktober!
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