Previously on Who Sues Who: Activision sued developer Double Fine Productions, demanding the game not be released by EA because Activision claims it owns the rights to the game and invested $15 million. Double Fine then counter sued, saying “Oh no you didn’t!” because Activision breached the contract between the two and says they really do not care about Brütal Legend, but is only concerned with protecting its Guitar Hero franchise. And now, our story continues.
Brutal Legend has been on our radar for a very long time, so when we heard that it might not reach our permanently devil horned hands, we got sad. So sad, in fact, that we had to attend a mosher’s anonymous meeting; yeah, THAT sad. Thankfully, the justice system is coming to our rescue. Maybe.
Los Angeles Superior Court Judge Craig Karlan said today that he is not in favor of delaying the release of Brütal Legend, but pushed back arguments and a formal ruling on the affair for one week. In the brief hearing, Judge Karlan said that his tentative ruling was to deny Activision’s motion to stop the game’s release on Rocktober 13. Citing a full court calendar, the judge rescheduled the hearing for August 6, giving each side full opportunity to prepare their arguments to be heard in full.
The developer is scheduled to have the final version of the game to EA on August 8, two days after the hearing of arguments. Judge Karlan promised to have the final ruling completed in order to prevent any delays, but “This is going to be a close call,” he said.
Judge Karlan told attorneys for Activision that, among the numerous reasons for his leaning against delaying the release, he was not sure they would win. While it did not appear that either side had an advantage, “I can’t say there’s a likelihood of success here,” he said.