Brutal Legend suit settled out of court

[UPDATE] Activision and Double Fine have reached a confidential compromise in legal dispute allowing heavy metal action game to meet October 13 release date.

In the legal dispute over heavy metal action game Brutal Legend, Activision and Double Fine Productions have reportedly buried the hatchet. Or more appropriately, the axe.

The settlement presumably clears the way for Eddie Riggs to go to hell. Wait, who won this again?

The Associated Press is reporting that a scheduled Los Angeles Superior Court hearing in which Activision was to argue for a judge to block the release of Brutal Legend was canceled today. The publisher's attorneys said a settlement was reached, negating the need for the hearing, a representative of the court told the news service.

No notice of settlement has yet been filed in the case, and there are no details as to the terms of the settlement. Representatives with Double Fine, Activision, and Electronic Arts (which is currently set to release the game through its EA Partners program) did not immediately return GameSpot's requests for comment.

The legal tiff began at the Electronic Entertainment Expo in June, when Activision filed a lawsuit to prevent the release of Brutal Legend. Activision claims that even though it declined to release Brutal Legend after merging with original publisher Vivendi Games, it never lost the rights to put the game out. As a result, Double Fine wouldn't have been free to shop the game around and secure the help of EA Partners in preparing Brutal Legend for its currently scheduled October 13 launch.

Earlier this month, Double Fine countersued, accusing Activision of unlawful business practices and trying to prevent the game's release to thin out potential competition to the publisher's own Guitar Hero franchise. The countersuit mentioned an aborted attempt to make Brutal Legend an extension of the Guitar Hero franchise and said Double Fine's continued existence hinged on the game's successful release.

[UPDATE] The Los Angeles Times cites a source familiar with the situation in reporting that the settlement details are to be kept confidential. However, the game should make its previously announced release date, and the settlement ends the legal wrangling between Activision, Double Fine, and EA.

According to the article, "Though the person declined to disclose any details of the settlement, it appears very likely that Activision received little to no compensation from Double Fine and agreed to a settlement to avoid losing its case in open court."

Written By

Want the latest news about Brutal Legend?

Brutal Legend

Brutal Legend

Follow

Discussion

151 comments
rachkovsky
rachkovsky

Why would anyone want to prevent a game like this to be released.

elroy
elroy

Suck it, Activision....

necronaux
necronaux

Unbelievable. Glad they settled, but, I'm sure we haven't heard the last of the lawsuits though (once they see how much money this will make--game, merchandising, soundtracks, movies, spinoffs, ringtons, etc...)

gameking5000
gameking5000

@jojoforpress Activision is like McDonald's isn't it always in court

I_am_theOpus
I_am_theOpus

Fact: This game will kick ass First day buy for me :)

kakotan
kakotan

I myself only plan to rent this game. It looks like fun and i like jack black movies but only if i rent them lol. I think this is a neat idea but i think it will be to Jack Black goofyish to sell well at all.

kakotan
kakotan

So what if they are sue happy. They must protect what they feel is their rights. Wouldn't you ? These things use to happen all the time before these places like game spot got big on gaming news. A law suit is the best way to protect your company or interest. They felt that they still had the rights to the game even tho they said they were not gonna do it right away. I dont know what they came to i only have facts. I am not a fan boy. I do however feel that bashing and not wanting to buy from a company cause they feel the need to protect what they feel is theirs, is a little childish and as immature as the reason you have to not buy from them. lol

jojoforpres
jojoforpres

Is it just me, or is Activision the single most sue-happy company in electronic entertainment these days? I don't think I can bring myself to buy anymore games with Activision's logo on them. If I see one more suit, I'm going to find out the names of all their subsidiaries and make a list of companies I won't spend any money on. It's like they're trying to destroy any semblance of a free market. Wasn't that EA's job?

sophospeare
sophospeare

I'm really hoping that people buy millions of copies of this game, just to show Activision it's not all about the sequels.

S3XYT1M3
S3XYT1M3

im just glad to see that the game is going for its scheduled release

Rect_Pola
Rect_Pola

With Double Fine's countersuit it became known that the future of the studio was hinging on Brutal Legend; thereby indirectly saying Activision's efforts were technically an attempt to kill them. Activision probably looked up and realized they were alienating 90% of the earth's gamers (though only 20% actually buy Double Fine games, the rest are posers you know who you are). Not wanting to be branded as evil and hurt future game sales, they decide to step down quietly.

bullethead182
bullethead182

the fact of the matter is, activision never had a case. and even if they did, who cares? thanks to mod2 activision now has enough money to buy god and his fabled hell.

Sammonoske223
Sammonoske223

@gameking5000 When Double Fine left Activision, Brutal Legend was not on the list of owned games by Activision. Double Fine already working on this, took it with them when they left. Rough sum up of what happened.

gameking5000
gameking5000

How is that trying to prevent the game's release to thin out potential competition to the publisher's own Guitar Hero franchise. How did Double Fine even get the rights. It probably made the game and during that time aware of the Guitar Hero frnahcise. DO really it just wanted to get Actvision by creating Brutal Legend

Zandrill
Zandrill

Awesome I cant wait. Iced Earth rocks! Glad to see a good metal head game.

parhar67
parhar67

Activision = Epic failure

PvtGump8
PvtGump8

/poke Bobby Kotik in the eye.

kramer_inc
kramer_inc

Doesn't matter to me I don't like Jack Black and this game doesn't do anything to change that.

drewcanada
drewcanada

Activision dose not deserve Brutal Legend

NoDice_386
NoDice_386

So glad to hear this. I wish all the success to Double Fine. I hope they didn't have to give ActiBlizz a dime.

Sendmn23
Sendmn23

well at least now I can get some peace of mind.. I know I'll be playing Tim Shaffer's latest masterpiece come october!

SicklySunStorm
SicklySunStorm

I just can't wait for this game now.... I just wish that Double Fine were able to take Activision for a large sum of cash for all the bullcr*p they tried to pull with this... at least it's settled though. I sincerely hope that Double Fine didn't have to pay Activision anything, but I suppose we'll never know.

Jedilink109
Jedilink109

ICED EARTH!!!!!!!!!!!!!!!!!!!!!!!!!!! YEAH! I'm gonna be getting this game in ROCKTOBER when it comes out. Am I SERIOUSLY the only person who knows the band playing during the video?! Come on guys, I CANNOT be the ONLY metal fan here.......

The_Gobfather
The_Gobfather

Activision owes 83% of its success to Blizzard

Adziboy
Adziboy

Activision is like the Amy Whinehouse of videogames. They make a load of ****, somehow make a lot of money, they always look like **** and nobody really wants them.

zakkess
zakkess

i hope the medal of honor series comes back and wipes the COD series back where it belongs.. MOH=ftw :)

NuKkU
NuKkU

I love EA i use to hate them but u gotta admit they have changed ALOT they arent as money-hungry as they once were and they like to try more new and original IP's plus build on existing ones i mean even there sports games have gotten WAY better the past few years Now Activision on the other hand is the new EA i hate them

solidstein
solidstein

lol the EA partners program has been around for years it was when john took the helm that he is more on favor of letting devs make the games but in the long run unless most the games are big success or there in house games make money EA suits will start fighting with devs to push out games faster it is a public company they have to satisfy there investord here is to hoping ea patners last a good 10 years

Kakua_Omari
Kakua_Omari

Never thought I'd utter these words: Good for you ea

Trogeton
Trogeton

This game does look awesome.... It will take more than something like this to even dent activision

jase2005
jase2005

EA has pulled away from being bully and is now the dependable guy down the street that'll help you re-roof your house. Their EA Partners program was a great idea. In doing that they are helpding developers, not beating them over the head like they used to. I think EA has more than made up for what they did in the past. Also, I'm not an EA lover, I hate Madden, it is the worst NFL game ever made. Bring back NFL 2Kx. I don't blame EA for the exclusivity, I blame the NFL and NFLPA for that mess.

ElJay2010
ElJay2010

i ment MW2 will of corse sale well

ElJay2010
ElJay2010

@noodles297 EA Games= old and good 007 games like nightfire, Army of Two, all the battlefield games, Burnout, command and conquer, Crysis, Crysis Warhead, Deadspace, Mass Effect, Medal of Honor, and yeah their EA sports, NFS, and Sims. But what does Activision have??? CoD4 and GH??? thats it??? GH is being milked and CoD4 will of course sale well but that is one game.

Ronin893
Ronin893

I can't believe they just wasted all that time fro a bluff.

feleas
feleas

@ XXMadManVII I'll be honest man, I never found a reason to bash EA before, heh. Heck, I barely hear anything of them now-a-days.

tanner2000
tanner2000

MadMan, it's because we don't bash them on loyalty to a company, but rather loyalty to our fellow consumer. You don't bash a company because you just don't like them, you bash them because they've committed a wrong that may affect the consumer. I'll admit that EA has been the "bad guy" for a while, but you have to admit what Activision was doing was just stupid, and could potentially rob us of playing Brutal Legend. It's not hypocrisy. If it was, that'd be like saying that the police are hypocrites for arresting everyone who robs a 7-11, rather than just a specific group of people.

XXMadManVII
XXMadManVII

I find it a bit odd that some of the same people who bash EA whenever they (EA) are seen as the aggressor are now standing up for them against Activision. All the legal wrangling that goes on behind the scenes to get a game/movie/tv show produced is of little concern to me, really. But what I find fascinating is the blantant and egregious hypocracy that some of you operate under.

0Aragorn0
0Aragorn0

Anyone else think its kinda funny how the day after Activision-Blizzard reported billion dollar revenue that they drop the suit? My belief is Activi$ion just shrugged and said it wasn't worth the time, money, or reputation to pursue it. Not like they're going to get enough money with CoD, GH, and their other franchises; But I give thumbs up to Double Fine. I was rooting for them all the way.

VenomRitual
VenomRitual

"appears very likely that Activision received little to no compensation from Double Fine and agreed to a settlement to avoid losing its case in open court." not to mention to save face and credibility amongst gamers.

Vang665
Vang665

this game looks freakin awesome!!

theexlaw999
theexlaw999

Double fine shoulda rode the storm to court and made Activision look even worse

GoldenRamoth
GoldenRamoth

awww yeah! So glad if this settlement is true, cause this game looks like it's gonna totally own! Activision should have never sued.. but at least it got Brutal Legend more advertising. Man, it's a game based off of Metal! It should be Freaking AWESOME!

gatoseco
gatoseco

this is the game I want the most it definetely rocks!!!

feleas
feleas

To all of you who are giving the Double Fine pro comments negative scores, you're just jealous that Blizzard's b_tch, Activision, didn't get its whiney child way, and lost to Double Fine.

Get_Shorty
Get_Shorty

Aww I wanted to see them battle it out. It would have hyped up the game even more! I wanted to see it come down to the wire... oh well.