Sign on Options
Theme:
To Dark

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 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."

144 Comments

  • rachkovsky

    Posted Nov 15, 2009 2:36 pm GMT

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

  • elroy

    Posted Aug 13, 2009 9:50 pm GMT

    Suck it, Activision....

  • necronaux

    Posted Aug 11, 2009 9:48 am GMT

    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

    Posted Aug 10, 2009 11:09 pm GMT

    @jojoforpress

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

  • I_am_theOpus

    Posted Aug 10, 2009 11:36 am GMT

    Fact: This game will kick ass

    First day buy for me

  • kakotan

    Posted Aug 10, 2009 10:55 am GMT

    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

    Posted Aug 10, 2009 10:53 am GMT

    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

    Posted Aug 10, 2009 9:55 am GMT

    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

    Posted Aug 10, 2009 9:20 am GMT

    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

    Posted Aug 10, 2009 8:52 am GMT

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

  • Rect_Pola

    Posted Aug 10, 2009 7:46 am GMT

    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

    Posted Aug 10, 2009 7:32 am GMT

    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

    Posted Aug 10, 2009 12:07 am GMT

    @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

    Posted Aug 9, 2009 11:03 pm GMT

    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

    Posted Aug 9, 2009 6:19 pm GMT

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

  • parhar67

    Posted Aug 9, 2009 10:58 am GMT

    Activision = Epic failure

  • PvtGump8

    Posted Aug 9, 2009 9:31 am GMT

    /poke Bobby Kotik in the eye.

  • kramer_inc posted Aug 8, 2009 10:01 pm GMT (does not meet display criteria. sign in to show)

    kramer_inc

    Posted Aug 8, 2009 10:01 pm GMT (hide)

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

  • drewcanada

    Posted Aug 8, 2009 6:33 pm GMT

    Activision dose not deserve Brutal Legend

  • BattleSword1

    Posted Aug 8, 2009 3:45 pm GMT

    Activision fails yet again.

  • NoDice_386

    Posted Aug 8, 2009 4:26 am GMT

    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

    Posted Aug 8, 2009 2:12 am GMT

    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

    Posted Aug 8, 2009 2:04 am GMT

    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

    Posted Aug 8, 2009 12:01 am GMT

    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

    Posted Aug 7, 2009 2:56 pm GMT

    Activision owes 83% of its success to Blizzard

  • Adziboy

    Posted Aug 7, 2009 2:12 pm GMT

    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 posted Aug 7, 2009 2:09 pm GMT (does not meet display criteria. sign in to show)

    zakkess

    Posted Aug 7, 2009 2:09 pm GMT (hide)

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

  • Jamez5895

    Posted Aug 7, 2009 2:04 pm GMT

    I just want the game!!

  • NuKkU

    Posted Aug 7, 2009 1:40 pm GMT

    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

    Posted Aug 7, 2009 1:12 pm GMT

    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

    Posted Aug 7, 2009 1:10 pm GMT

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

  • Trogeton

    Posted Aug 7, 2009 1:09 pm GMT

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

  • RatchetV1

    Posted Aug 7, 2009 12:41 pm GMT

    Good.

  • jase2005

    Posted Aug 7, 2009 11:45 am GMT

    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

    Posted Aug 7, 2009 11:38 am GMT

    i ment MW2 will of corse sale well

  • ElJay2010

    Posted Aug 7, 2009 11:37 am GMT

    @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

    Posted Aug 7, 2009 11:31 am GMT

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

  • feleas

    Posted Aug 7, 2009 11:22 am GMT

    @ 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

    Posted Aug 7, 2009 11:21 am GMT

    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 posted Aug 7, 2009 11:01 am GMT (does not meet display criteria. sign in to show)

    XXMadManVII

    Posted Aug 7, 2009 11:01 am GMT (hide)

    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

    Posted Aug 7, 2009 10:56 am GMT

    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.

  • secretgamer666

    Posted Aug 7, 2009 10:42 am GMT

    yes!!!! rocktober is here after all

  • VenomRitual

    Posted Aug 7, 2009 10:34 am GMT

    "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

    Posted Aug 7, 2009 10:12 am GMT

    this game looks freakin awesome!!

  • theexlaw999

    Posted Aug 7, 2009 10:12 am GMT

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

  • GoldenRamoth

    Posted Aug 7, 2009 10:09 am GMT

    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

    Posted Aug 7, 2009 10:01 am GMT

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

  • feleas

    Posted Aug 7, 2009 9:58 am GMT

    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

    Posted Aug 7, 2009 9:55 am GMT

    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.

  • swamptick posted Aug 7, 2009 9:40 am GMT (does not meet display criteria. sign in to show)

    swamptick

    Posted Aug 7, 2009 9:40 am GMT (hide)

    *Yawn* Who cares.

Related Content

Matches based on text similarity.

Subscribe to GameSpot's YouTube Channel

Hot Stories

Newsmakers

Featured Stories

Submit News

Got tips? Send them in!

Related Game

Brutal Legend

Brutal Legend Boxshot
Follow:
  1. Not Following
    Xbox 360: Follow
  2. Not Following
    PlayStation 3: Follow
Add to List
  1. Xbox 360
  2. PlayStation 3

Follow for the latest news, videos, & tips from experts & insiders

GameSpot Fuse
    Platforms:

    Site Blogs