Judge puts off Brutal Legend decision

Activision's motion to prevent release of Double Fine Productions' game will go another week without an answer, but judge says he's inclined to side with San Francisco-based developer.

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Double Fine Productions will have to wait at least another week to find out if its Jack Black-starring action game Brutal Legend will be able to make its scheduled October 13 release.

"Activision tried to destroy The Metal..."

The Associated Press is reporting today that a Los Angeles Superior Court judge has put off a decision on whether or not to prevent the release of the game while an Activision lawsuit against the developer plays out. While the judge said he's inclined to allow the game to launch as planned, he wanted to give both sides a chance to make their case on the matter.

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 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.

A formal ruling on Activision's motion is expected August 6.

Discussion

262 comments
zaveline
zaveline

He he looking back at this now from my point of view i was waiting during summer i was at a Sailing lesson with my friend and we were frequently checking to see who would win but hell Metallica suck and activision is basically the Money bag of the whole gaming industry they should be ashamed of what they have done to modern warfare 2 it was good but they took the rights away from its original creator Infinity Ward damn you activision when will you stop this madness

vagner995
vagner995

The metal will live on 4ever!!

P_R_E_Y
P_R_E_Y

Killingspree303 Jack Black kicks ass! Activision on the other hand... Kicking Games and Taken @ss

awesomeangel
awesomeangel

wat the hell activision u already hav a lot of great games u need brutal legend too wow funny get shorty

Get_Shorty
Get_Shorty

"Activision hates Heavy Metal!" ... except for Metallica.

dethtrain
dethtrain

but the graphics remind me of warcraft

Killingspree303
Killingspree303

Jack Black kicks ass! Activision on the other hand...

chappy_man
chappy_man

lol, i wonder when we get to see a activision boycott.

Darkside7972
Darkside7972

"Activision tried to destroy The Metal..." A thumbnail caption that's actually clever? Pat yourself on the back, Gamestop! Good job! And here's hoping that BL gets released. I've been really looking forward to it and it would be stupid if the game was cancelled due to Activision's petty lawsuit.

mflame38
mflame38

1. jack black kicks ass 2. activison is an ass now put it together lml *_* lml BL is BA

Petri87
Petri87

Activison should think about ther public image more. Going agains the most like developer in the industry isnt the best way to win over the gamer crowd. Its pretty weird that when Activison murged whit Vivendi im 99% sure that they cut this game along whit several others and in my mind it will seem like thay didn't want anything to do whit the game. Is only makes Activision look like buch of petty bastards.

MrGloomy
MrGloomy

Activision have become the evil bast**ds EA used to portray, my, how things have switched for the worse. Unfortunately, Activision do have some great licenses and great games which I would still love to get in the future. Boycotting Anal-vision, err, I mean Activision means that the developers are punished a whole lot more that the publisher. Therefore I suggest people just wait until Activision games go the sceond hand market and then buy. There annual sale figures only take into account first hand sales, not the second hand market. If everyone did this, this hurts the publishers directly in the pocket. Activision would then have to reconsider it's pricing and distribution approach. Unfortunately big publishers like this will just punish the developers by making lay-offs and cut-backs. Anal-vision, you suck, you blow, you do it all.

JMizzle
JMizzle

It would be interesting to hear Jack Black's thoughts on the wrangling surrounding the game. "Rock it Jellybean!"

TrevSkyline
TrevSkyline

There was a time when as a (now EX) PES player I used to HATE EA's dominance.....how times have changed, I love Fifa (much improved) and the new enemy seems to be greedy Activison. Remember, these greedy money makers also think that it's acceptable to think £70 is a fair price for a game!

abel_del_real
abel_del_real

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iucidium
iucidium

That's what you get when you are run by zombie john candy [kotick]and the gestapo dude from `raiders of the lost ark' [rosenweig] look for pictures of them, I **** u not, its like the unholy alliance. Boycott WOW and COD and watch them crumble

mjulstein
mjulstein

I pre-ordered BL earlier this week. And I think there will be a certain A-hole-company that I will hate if I'm going to have to wait even longer for its release.

metalmonster13
metalmonster13

Activision are AHOLES!!! i have been looking forward to this game ever since it was announced

Paladin_King
Paladin_King

goddamn, that Jack Black video was hilarious.

roeibar
roeibar

Activision is a bunch of hipocrites

Cillerboy
Cillerboy

activision r a bunch of cockmunchers just let peoplemake good games and let us gamers enjoy them!

DaIamar
DaIamar

Maybe I'm stupid, but I can't see how Activision will suffer from release of Brutal Legend, it won't affect their guitar, oh sorry, now it is pop hero in any way. But with this suit they already brought tons of hatred on themselves.

bobdimstar
bobdimstar

it doesnt matter if theyre bullies although the fact remains theyre such an as$ now,all that matters is they produce results(good games with good story)i wouldnt mind paying money to a bunch of a$$ if they make good stuff + good results

melty3219
melty3219

haha all the people saying "i shall boycott activision" are hipocrites, Activision can be complete bullies and sue other companies and do whatever they want and everyone will say "screw u activision" but all they show is min of modern warfare 2 footage and they are drooling like a hungry pack of dogs who just saw a juicy stake. Activision knows how to be Bullies and still make lots of sales also i would be surprised if anyone did boycott Modern warfare 2

onehatesyou
onehatesyou

actually I never bought modern warfare so I will not buy warfare 2 and I have never felt the urge to play guitar hero or wow so I think it would be possible to boycott activision all you have to do is play better games.

jawshoeuh
jawshoeuh

VCWilson121 Posted Jul 31, 2009 9:23 am PT I just read another idea about how to hurt Activision. We all know that most people are not going to boycott Modern Warfare 2, so just buy it used. Activision won't make any money off it (Gamestop will but I think Activision is the greater evil these days). That would decrease sales and hit them in their pocket books because seriously, Activision epitomizes the term "evil corporation".. The problem there is that every used copy of a game has to have been sold as new to someone else and then traded in. So... ultimately... this isn't the best plan. I can see it now. "Hey go buy a new copy of MW2 and trade it in so I can buy it used and boycott Activision!" And how many people do you think are going to be trading in MW2 realistically? Back to the drawing board, my friend.

protoroc
protoroc

I think the judge is waiting for a kickback from Activision. He's already heavily siding with one option, why delay his decision?

Kakua_Omari
Kakua_Omari

Never thought I'd see the day where I'd be rooting for ea 0_0

fredwv
fredwv

never thought I'd see the day when people are rooting for EA over Activision or anybody else for that matter.

YO_Z
YO_Z

jelly bean the world's first guitar playing cat :))

Trogeton
Trogeton

after being a gamer for almost 17 years.. (been playing since age 4) delays are common, so no irritation here... when developers take their time.. the game usually comes out better

GuantanamoEd
GuantanamoEd

@VCWilson21 How is everyone going to buy a game used? Surely that's impossible....

zaphod_b
zaphod_b

If it turns out that the contract between DF and Activision was written in such a way that they retained rights even with having rejected the game, there may be an issue. However, I would think that the game would still be released, and EA would settle for paying royalties to Activision. I don't see this game simply not being released.

hatieshorrer
hatieshorrer

What Activision is saying is "How dare they find a publisher when we turned it down"

diesil
diesil

i hate to say it but i actually want EA to win this one

virgil_must_die
virgil_must_die

Maybe if activision didn't forget about the game in favour of releasing a guitar hero every 5 minutes they would still have some right! As`far as im concerned DF and Ubisoft are in the right.

onehatesyou
onehatesyou

kinda like everything on the wii i feel like activision is just milking a dead cow by releasing the same thing over and over and over, anyone who buys games by activision is part of the problem.

onehatesyou
onehatesyou

You know I don't really care for any of activision's games, they release the same thing multiple times a year and the games aren't even that good.

kakotan
kakotan

I read how people love this game and hopes its great. Let me tell ya , IT BETTER ROCK!! lol, or we wasted so much time waiting for a game that bombs !!

kakotan
kakotan

Im not a fan boy but everything i see is activision is right. They still had the right to publish this. It wasn't tanked forever just for time being. I think what pissed them off is that EA partner. There is dirty business between those too and we are in the crossfires! Just remember this is business. They dont need to care how we feel.

devilscry
devilscry

But it's pretty simple. It's true activision did invest money into the game, that's clear. But what also is clear is the fact that weren't going to release it. Which means DF would be screwed now cause they spent all this time on a game that's not getting released. The game is essentially dead in the water. so if EA never came around is it fair that DF basicly got crapped on cause big publisher passed on this companies livelyhood? No it's not stealing...looks like recycling to me. Had activision intended to release the game then that's stealing

scarface_dm
scarface_dm

Everytime I hear name Activion, a pissed feeling flows through me

Elvis4576
Elvis4576

depends if your talking about screamo then you absolutely right but metal isnt bad just what passes for it these days now stop being a punk people could care less about your opinon

ArchiKiller
ArchiKiller

*cross fingers* rocktober rocktober please...

gmreedy
gmreedy

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