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Double Fine: "Activision will not kill Brutal Legend"

Devs files countersuit against Activision
Double Fine has filed a countersuit against Activision, which sued the game maker in June in a bid to stop the release of Brutal Legend.

Activision's original lawsuit claimed that Double Fine improperly transferred rights to the game owned by the publisher to its rival EA, which plans to release the Jack Black-starring title in October.

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In its counterclaim, Double Fine argues that Activision relinquished its rights to the game prior to the developer signing with EA, and accuses Activision of attempting to kill off a project it sees as a threat to sales of its Guitar Hero franchise.

Activision says it would be seriously harmed if EA were allowed to release Brutal Legend, while Double Fine's lawsuit stresses that the developer's survival depends on the successful release of the game.

"Now that we've found a publisher and the game is getting sensational coverage, they want to stop its release," Double Fine COO Caroline Esmurdoc told the Associated Press. "Double Fine's countersuit is a demonstration of our intention to fight for this game - Activision will not kill Brutal Legend."

A hearing is scheduled for July 30 on a motion by Activision to block the game's release.

Article supplied by Edge-Online

computerandvideogames.com
// Interactive
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Posted by WHERESMYMONKEY
yes Activision would be seriously harmed. They'd be a decent game out this christmas to challenge thier megre yearly offerings.

However if they did manage to stop Brutal LEgend from being published they'd be a lot of unhappy campers out there.

Tim Shaffers a legend and one of the best and most respected devs in the industry its like trying to stop speilburg bringing out his next film.

Considering its being published by EA i don't think activision will get anywhere though.
Posted by G_R7
Activision, give up. You cannot kill The Metal. The Metal will live on.
Posted by runadumb
Hey if Activision are successful I will never buy one of their games again. If fact, im starting right now. Bring on Brutal Legends, looks genius, **** you Activision

ps I love Metal
Posted by The_KFD_Case
Them's a fightin' words!...And I like it! Give 'em hell boys!

I've pre-ordered "MW2" and will buy it (short of some horrid DRM, etc.) but if Activision does succeed in sinking "Brutal Legends" it'll make me reconsider purchasing any number of future titles published by them. I'm sick and tired of large corporations acting petulant and bullying others.
Posted by WHERESMYMONKEY
'No one can destroy the metal. The metal will strike you down with a vicious force'

Here's the bit activision can sing 'we're the vanquished foes of the metal'
Posted by ParmaViolet
There's a lot of people posting the exact same sentiment over this.

I just don't really understand why Activision are so pubicly choosing to appear as the 'bad guys' - they've literally slotted into EA's old position (since they seem to have seen the light). It's very odd PR and a bizarre turn of events (no pun intended).

Still, I'm inclined to agree - I'm no COD fan, but I do like GH....if they keep acting like this, I doubt I'll buy another in principle.

Bring on Brutal Legend though - anything with Lemmy in it is worth a look.

:)
Posted by adgr19
yay, la resistance lives on! speak with your wallets people
Posted by Black Mantis
I'll be keeping my money that's for sure. I wasn't going to buy MW2 day one due to Activision keeping the price high to "test" whether it will sell at that price. Probably why they chose to re-instate the CoD name after polls suggested MW2 was slipping under gamers radar.
Posted by KMakawa
Can we not just get the sheer awesomeness of jack black onto them?
Posted by dwhlufc
I love Modern Warfare but my money is now going on a first day purchase for Brutal Legend,lets make it the success it deserves to be.
Posted by timmytom1
Go for it double fine,take every penney activision has
Posted by Barca Azul
Acti dropped a major clanger here when they let the publishing rights go on it and now they have realised that, they want back in is what I think. I think they thought that this would not be popular, but its getting a lot of coverage and rightly so. It looked great when it was first announced and something completely different to what is out now.

Tim Schaffer is a legend, and this could even be the multiplatform game of the year at this rate. Talk about sour grapes. Activision need to be careful that they don’t steal the unpopular crown from EA, but its clearly the road they are heading down. Mostly due to charging for Map packs for 360 and PS3 and releasing free on the PS3. Maybe they should take a leaf out of EA’s gameplan with free DLC to keep people playing and stop trading in.
Posted by Barca Azul
So during the Merger with Blizzard, Im sure there was a conversation like this,

So what games are in production?

Errr, Ghostbusters

That’s so 80’s, cut it, no one wants to play ghostbusters, what else

Errrr, some heavy metal game that looks like an Iron maiden poster come to life

F*8k no, what is this, some sort of 80’s throw back company, cut it. Heavy metal, no way, its not mainstream enough, see if we can change it to Pop idol Legend.
Posted by Twelfth Crusader
I will not be happy if Activision win, the dirty, milking b**tards! Tim Schaffer and Jack Black should combine Power Rangers style and kick Activisons ass!
Posted by GrahamH220
Hell yeah Twelfth Crusader, Personally i'm sick of Activisions arrogant being these days.

How dare they do that, They thought Brutal Legend would be a s*t title, But they were proved wrong, Now there pussying behind Court trying to get the game that they sold the rights to; back.

Now they realize that it will damage their buissness?

Someone really needs to slap Activision in the face, That Kotick guy seems that he can do anything he likes. :@
Posted by stedman
Right.

Firstly...Activision wouldn't be harmed...jesus....how much moeny have they raked in already and continue to rake in.

Idiots work at Activison...dropping Ghostbusters and Brutal Legend....two good games.

Secondly...They have this developed...and then say no to it...so the concept goes to EA..

What did Activision really expect?
It's ok for them, this developer probably speant alot of money and time on the game and then got a big fat "no" from Activision.
Posted by The_KFD_Case
Seems to me like Activision is becoming to publishers what Sony is to consoles in terms of grandstanding and arrogance. That's not good news, IMO.
Posted by ParmaViolet
It just seems awfully careless to me.

When these companies act like this - showing complete disregard for their customers, fans and the companies they work alongside - it paints a very bad picture of them....one that they'll find very hard to shed.

Why they do it so blantantly is beyond me. Activision should try to remember who it is that buys their games and have put them in this position....charging the fans an inflated price for MW2 (because they know you won't be able to resist) is a real poke in the eye, I think.

:)
Posted by runadumb
Oh ccrap I wish I had realised Prototype was an Activision game before I typed that. Damn you Activision, Damn you to hell!!
Posted by mastiffchild
Indeed runadumb-which is why I refused to buy it new as I DID with inFAMOUS. AND as I will be doing with MW2(and 'til they change the record I won't buy ANYTHING new from A/B.

Seeing as only P'type and MW2 interest me in the slightest from Acti this year I guess I'm in a position to do this(i.e as a real guitarist I always had a bit of hatred in me for the GH games even before they became the biggest rip off and pointlessly rereleased games in the world)but I do wish that we gamers would stand together, across all platforms on this one.

Acti do things like this to BL and DF, rip off the US over the cost of DJHero THEN double it for the EU and UK(?!!), moan at Sony about PS3 price and threaten to withdraw support from A platform they MAKE MONEY FROM(muaning it's a hollow, childish tantrum/threat)and finally, just to look the biggest hypocrites/greedy sods in gaming they stick an extra tenner on the price of MW2!!

I know IW make a good COD/MW BUT really is it worth more than a MGS4 or a Gears or a HALO3 or an Uncharted/Bioshock? Not in my eyes and when the COD massive put up with the con and buy MW2 at the extra price without even knowing, largely, what Activision are doing OR what they'll be like when theybget away with this.

As I say we SHOULD do something, thuis is a recession and games are already dear and activision DON'T need the extra cash. TW$TS!
Posted by The_KFD_Case
Very few things are truly "needed" in the video/PC games industry, IMO. I have played video/PC games for ca. 20 years now and it's one of my biggest hobbies which has granted me near countless moments of excitement, joy, frustration and long sleep-deprived nights and days. That said, I don't "need" gaming. Activision may not "need" the additional money, although that is debatable depending on what sort of budgets they are juggling along with future plans.

My point is not to defend the price hike, which I'm not pleased with yet I by-passed it with a pre-order discount price for the PC version (which is cheaper than the console version regardless), but instead to point out that such matters are somewhat subjective in situations such as these. Besides, if we follow this scenario to it's ultimate conclusion, there will come a time where publishers will either have to keep their prices steady or lower them if they push the margins too high. The market doesn't have infinite resources after all, so as the saying goes "sooner or later something's gotta give". If the consuming public gives then it could mean a catastrophic economic collapse (similar to what we are seeing now,) whereby people scale back hard and frivolous entertainment will not be ranked as high on the priority list by many consumers as it once was. It should be about finding that golden spot in between selling at a price that's lower than what X amount of consumers would be willing to spend vs. pricing it above that golden spot and risk agitating the consumers to the point where there's a backlash.
Posted by settingsoul
Everybody should buy MW2 used, so they don't have to give there money to an ass face company like Activision.
Posted by aetyr
Everyone's assuming Acti are going to stop BL from being released, but even if they win I sincerely doubt they'd ever want to do that.
What they'll do, if they win, is make damn sure it does get released and that they are "entitled" to a big chunk of the profits, despite not being anything to do with the game any more.
I guess what people have been saying about Acti being the new EA is true...

To those about to boycott Activision, I salute you.
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