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Double Fine files countersuit in Brutal Legend legal battle photo

According to a report by the Washington Post, Brütal Legend’s developer Double Fine has filed a countersuit to Activision’s legal attempts to prevent the game’s Roktober release.

The countersuit contends that Activision filed the suit in an effort to not only hurt the company and the game, but in an effort to protect the sales of Guitar Hero. Activision’s intent, the countersuit claims, “is not only to cancel Brütal Legend, but to kill it completely so that Guitar Hero would not have to face the competition.”

It was widely reported and believed that Activision had passed on Brütal Legend when it acquired Sierra in 2008. Later, Electronic Arts swooped in to pick the title up, promoting it heavily for this year’s release.

“Now that we’ve found a publisher and the game is getting sensational coverage, they want to stop its release,” said Double Fine CEO Caroline Esmurdoc.

As gamers, we find these legal squabbles completely obnoxious -- we want Brütal Legend and we want it now. Anything that delays its release will infuriate us, and we can’t be held responsible for what we’ll do We’re pretty sure it involves a costume that looks like Iron Maiden’s mascot Eddie, and barging into Activision CEO and President Bobby Kotick’s office, shouting obscenities.

But we’re not quite sure what Guitar Hero has to do with Brütal Legend, seeing as how one is a peripheral-based music game and the other is… well… not at all a peripheral-based music game. Can’t we all just get along?


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39 comments | showing # 1 to 39
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Krow's Avatar - Comment posted on 07/22/2009 13:49
Krow
Money creates and subsequently ruins everything.
Freefall's Avatar - Comment posted on 07/22/2009 13:49
Freefall
Goddammit people, stop fighting and put the money into games!
Havoc Fang's Avatar - Comment posted on 07/22/2009 13:55
Havoc Fang
Activision deserved a lawsuit. Maybe not in those terms and words, but it still needed one.
walkyourpath's Avatar - Comment posted on 07/22/2009 13:56
walkyourpath
Double Fine's lawyer has two heads. They will emerge victorious. Viva Rocktober!
Mista Smegheneghan's Avatar - Comment posted on 07/22/2009 13:59
Mista Smegheneghan
Wait, this isn't like Guitar Hero at all. It's about a guy who, by coincidence of the storyline, uses guitars. Guitar Hero is about a random rocker getting progressively better gigs (in the "Career"-driven games, anyway) until he's a rock legend. The only way the two games are alike is the fact that both main characters use guitars. Suing over that'd be like Namco suing Capcom for making a fighting game. It's pointless and just wastes time and money.
Br0th3rGr1mm's Avatar - Comment posted on 07/22/2009 14:00
Br0th3rGr1mm
This definately deserves a faux Activision logo or momument be added to Brutal Legend in-game so it can be repeatedly destroyed, defaced and possibly pissed upon....by Ozzy.
Video Cognito's Avatar - Comment posted on 07/22/2009 14:03
Video Cognito
What they mean by "competition to Guitar Hero" is solely based on the game's release around the relatively same time. Come on guys, don't be so fucking dense.
Nick Chester's Avatar - Comment posted on 07/22/2009 14:09
Nick Chester
@Video Cognito:

A lot of games are being released around relatively the same time; the argument makes little sense.
GLORNS's Avatar - Comment posted on 07/22/2009 14:12
GLORNS
Activison and EA can 'S' and giant 'D' but you would think that EA could stomp Activison in the ass door with their super lawyers. My guess is this whole thing is going to fall apart and it will be spun to make Double Fine the one's the fucked it all up.
ArrestedDeveloper's Avatar - Comment posted on 07/22/2009 14:12
ArrestedDeveloper
Do to all this hubub and Activision acting like a dick I've decided to only buy their games used. It may not be much but I'll feel good knowing my $40 is going to an ebay seller instead of Activisions coffers.
phantomile's Avatar - Comment posted on 07/22/2009 14:14
phantomile
@Video Cognito: It's because they are both games that appeal to Rock fans. They might not both be the same genre, but they do share interest from the same crowd of people.
If I was only going to buy one Rock-centric game this year, it would be Brutal Legend. Thus, competition.
KIDA26's Avatar - Comment posted on 07/22/2009 14:15
KIDA26
A lot of games are being released around relatively the same time; the argument makes little sense.

Don't you mean EVERY game is coming out within 2 months of one another? I mean seriously... why can't we get something other than XBLA games during the summer?
Scroll's Avatar - Comment posted on 07/22/2009 14:20
Scroll
I guess they believe that Guitar hero targets the precise market that Brutal legend would service?
Argnoth's Avatar - Comment posted on 07/22/2009 14:21
Argnoth
I am glad to hear that they are fighting back instead of just lying down for the big monster that Activision is. I just hope they can hold them off long e

Sadly all those crying 'boycott!' won't do it, they'd just forget about Brutal Legend and then go buy MW2, Starcraft II, Diablo 3, keep playing World of Warcraft, buy Prototype, Wolfenstien, and your Guitar Hero games and don't even act like you won't.
Nick Chester's Avatar - Comment posted on 07/22/2009 14:22
Nick Chester
@phantomile:

I think you meant to reply to me. I believe that Video Cognito shares your opinion. I don't disagree with what you're saying, but I believe that "competition" is a bit of a stretch in this case. If it's an argument that wins Double Fine's case, and allows for the smooth release of Brutal Legend, I don't much care, though.
AgentMOO's Avatar - Comment posted on 07/22/2009 14:22
AgentMOO
Activision tried to delay the Metal!
eviltikiman's Avatar - Comment posted on 07/22/2009 14:30
eviltikiman
I think the main reason for Activision's suit was or is due to Brutal legends rights to use licensed music that activision wanted for potential use in a future guitar hero title or DLC. I bet they thought that the game wouldn't make it, go belly up and allow them snatch up the music afterwords.
All in all its Actisions own fault for letting Double fine go along with the copyrights to the music. They didn't know what they had until it was gone. Now they must pay the price.
All this fighting over IP and copyright law is seriously beginning to irritate me.
Holyetheline's Avatar - Comment posted on 07/22/2009 14:31
Holyetheline
This is such crap. I really hope that Brutal Legend comes out on top. If they are asking me to boycott guitar hero I certainly will! Rock band has GH owned anyway.
phantomile's Avatar - Comment posted on 07/22/2009 14:37
phantomile
@ Nick Chester: Ah I don't even know who I was trying to argue with. I just want to play Brutal Legend like the rest of us.
Rockvillian's Avatar - Comment posted on 07/22/2009 14:40
Rockvillian
Activision boycott combo ACTIVATED! I side with true creativity. Go Double Fine!
Tye The Czar's Avatar - Comment posted on 07/22/2009 14:41
Tye The Czar
And remember, boys and girls. Booby Kotick was also a 4Kids Entertainment executive. That means he had a hand in bastardizing and whoring out good anime like Shaman King and One Piece.
Shadowiii's Avatar - Comment posted on 07/22/2009 14:52
Shadowiii
@AgentMOO

Noone can destroy the metal. The metal will strike you down with a vicious blow.

I still find it interesting they call it "Rocktober" when this is a game about HEAVY METAL. While somewhat similar, they are still very two distinct and different music types. Maybe they should have called it Shredtober.

Either way, I hope it is released. I am way too excited for it.
TheBigFeel's Avatar - Comment posted on 07/22/2009 15:01
TheBigFeel
OH SHIT!! Take that, "the man!"

Also, whatever possible fine activision might pay should naturally be doubled. you know... because double fi... ah, forget it.
Monodi's Avatar - Comment posted on 07/22/2009 15:10
Monodi
I want to read a headline sometime soon with a cheesy title like "Activision gets Double Fined by the law."

Brutal Legend is competition with Guitar Hero as much Super Mario World was competition with Killer Instict.
tomothy25's Avatar - Comment posted on 07/22/2009 15:11
tomothy25
I wish they'd included Tim Shafer's response in their lawsuit - the Beyonce one. Priceless.
Eagle 88's Avatar - Comment posted on 07/22/2009 15:23
Eagle 88
I hope this lawsuit costs Activision oodels of money. They deserve to get taken for as much as possible for their asshattery.
killatia's Avatar - Comment posted on 07/22/2009 15:29
killatia
Hell yeah Double Fine, FIGHT THE MAN! Or in this case ACTIVISION!
Dexter345's Avatar - Comment posted on 07/22/2009 15:38
Dexter345
Ugh. It's still completely despicable how Activision's executives looked at the game, saw no promise in it (being executives), discarded it, and only after some people who actually know about games rather than business started promoting it, they threw a fit. Utterly obnoxious.
Drack48's Avatar - Comment posted on 07/22/2009 15:49
Drack48
Activision has totally taken the crown from EA for my most hated company..in fact I kinda like EA these days.
Uziwood's Avatar - Comment posted on 07/22/2009 15:54
Uziwood
I hope Activions gets it bad this time. They are really starting to piss me off lately.
DJP3DRO's Avatar - Comment posted on 07/22/2009 16:24
DJP3DRO
FUCK YES

SUCK MY DICK ACTIVISION
Monodi's Avatar - Comment posted on 07/22/2009 17:01
Monodi
@TheBigFeel

Hahahahaha, you should totally mail that to them, they love 2HB silliness.
BJ Blazkowicz's Avatar - Comment posted on 07/22/2009 18:09
BJ Blazkowicz
If they meant to say that they are competing with Guitar Hero because of the release schedule, well, then they can never release it. You know, with one GH title every week.
CloneTrooper's Avatar - Comment posted on 07/22/2009 18:23
CloneTrooper
Im guessing that its viewd like this:

Guitar Hero = Guitars
Brutal Legend also = Guitars
Add to this the proximity of release dates
Therefore Brutal Legend = Competition for Guitar Hero.

Its usually the simplest answer. Whether or that answer makes sense or is intelligent is a completely different thing...
fozzyozzy's Avatar - Comment posted on 07/22/2009 20:19
fozzyozzy
I'm guessing they had to put a supposed motive behind Activision's lawsuit in order to file their own. Otherwise you can't just countersue because of Activision's doucheness.

I agree with CloneTrooper. You don't want to know how many kids come into my store, look at the Brutal Legend box (proudly displayed right up front, natch) and ask if they play with the guitar controller.

But really how else can you explain the Acticunt's actions?
Arkhon's Avatar - Comment posted on 07/22/2009 21:15
Arkhon
I'm sorry, but on what grounds can Activision be suing Double Fine? This is spiteful and retarded.
Raiku's Avatar - Comment posted on 07/22/2009 22:21
Raiku
people, think about it for a second

EA is just buying time till the game is released so the lawsuit can be ultimately dismissed
Chronic Logic's Avatar - Comment posted on 07/23/2009 01:02
Chronic Logic
Wait, or we actually rooting for EA?
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