Activision To Sue EA Over Publishing Rights To Brutal Legend?

If Tim Schafer is at the helm, we're automatically excited. And we've been excited ever since the announcement of his new Brutal Legend game, in development at Double Fine Productions. But who's going to publish it...? Well, that may be a battle fit for HBO.

The promising title has already had a roller-coaster ride. Schafer and Double Fine found a willing publisher in Vivendi Games in 2007, but as most of you know, the game became one of the casualties when Vivendi merged with Activision. So Brutal Legend just started floating around, until EA supposedly jumped in and snapped it up. But now, according to a recent Variety update, Activision is threatening to level a lawsuit at EA if they don't give up the game. Sources close to Activision said the publisher believes EA's deal is "invalid;" even though Activision passed on the title in question, they still think they have the publication rights. If this seems a little strange to you, you're not alone. EA finds the situation plenty laughable, too. Said an EA source:

"We doubt that Activision would try to sue. That would be like a husband abandoning his family and then suing after his wife meets a better looking guy."

There must be some other detail we're missing, because in just looking at this information here, we have to side with EA. If Activision passed on Brutal Legend and never had any intention of putting it out, how the hell do they have publishing rights? We know the game was cut loose after the Activision/Vivendi merger, which means it was a free agent, right? EA took it...what more is there to say?

Related Game(s): Brutal Legend

2/14/2009 Ben Dutka

Put this on your webpage or blog:
Email this to a friend
Subscribe to Ben Dutka on Twitter

Comments (Beta)

CaptRon
Saturday, February 14, 2009 @ 11:15:15 AM
Reply

What are they gonna do, Would you wanna deal with EA's lawyers. I sure they have a small army

0 up, 0 down

fundando
Saturday, February 14, 2009 @ 11:20:13 AM
Reply

That does sound ridiculous. YOu abandoned it get over it.

0 up, 0 down

city96
Saturday, February 14, 2009 @ 11:32:50 AM
Reply

That quote is basiically saying that EA is better than Activision
"and then suing after his wife meets a better looking guy."

1 up, 1 down

bamf
Saturday, February 14, 2009 @ 10:28:42 PM

Exactly what I thought when I read it.

0 up, 0 down

Akuma07
Sunday, February 15, 2009 @ 12:01:47 AM

i doubt thats what was ment.

0 up, 0 down

Jed
Sunday, February 15, 2009 @ 7:20:10 PM

I'm positive that is not what he meant to say.

0 up, 0 down

Lord Alucard
Saturday, February 14, 2009 @ 11:33:52 AM
Reply

Activision: The new EA

3 up, 0 down

Cpt_Geez
Saturday, February 14, 2009 @ 11:36:29 AM
Reply

Yeah that kinda shade tree there.

0 up, 1 down

LightShow
Saturday, February 14, 2009 @ 12:03:44 PM
Reply

XD oh activision, you crack me up.

1 up, 0 down

tramp
Saturday, February 14, 2009 @ 12:16:32 PM
Reply

there must be a missing piece,or they just forgot their meds.

1 up, 0 down

Robochic
Saturday, February 14, 2009 @ 12:20:16 PM
Reply

this is confusing! must be missing piece. i don;t this is the end of this story.

0 up, 1 down

DeadReaper
Saturday, February 14, 2009 @ 12:45:23 PM
Reply

This is what is wrong with the legal system these days, everybody thinks they can sue over anything. "Oh you looked at me crosseyed, I want $10 million". This all started with that fat kid trying to sue McDonalds for getting fat. Back to the point, as the article says, maybe we dont have all the details. Maybe this title is creating alot of buzz and now there upset they let it go.

1 up, 0 down

Lemon_Saint
Saturday, February 14, 2009 @ 1:32:22 PM
Reply

In the entertainment industry, (let's say, music), If a band signs on with a label, records an album with that label, and before releasing the album, the label cuts the band from their roster, who owns publishing rights to the music? Unfortunately, the label does, even though they won't put it out. The band actually has to get PERMISSION to release their own songs on another label, (permission=money).

So with this example, how is Activision in the wrong? Yes, the situation sucks, but, they DO have publishing rights to the property because of the Vivendi deal .... Hopefully, this all gets worked out soon. I can't wait to check this out.

1 up, 0 down

SHADOW [Moderator]
Saturday, February 14, 2009 @ 6:53:21 PM

If anything aren't they then guilty of selective prosecution? No lawsuit for Atari after they picked up Ghostbusters and there were a few other saved casualties out there too, but only EA (their closest competitor gets sued) if I were the judge it'd be thrown out immediately.

1 up, 0 down

Scarecrow
Saturday, February 14, 2009 @ 2:41:37 PM
Reply

lol...

1 up, 0 down

KevinCairo
Saturday, February 14, 2009 @ 2:52:10 PM
Reply

It's stupid, but so are many lawsuits. I wouldn't be surprised if they could win it, but I wouldn't be shocked if they didn't either.

0 up, 0 down

isaya85
Saturday, February 14, 2009 @ 3:04:22 PM
Reply

I would rather EA publish it anyway IMO EA is the better company

PSN ID Biggest_GMoney

0 up, 0 down

ps92117
Saturday, February 14, 2009 @ 3:32:50 PM
Reply

I thought activision no longer existed after blizzard merge?

0 up, 1 down

SHADOW [Moderator]
Saturday, February 14, 2009 @ 6:54:48 PM

The company is now known as Activision-Blizzard. (I prefer Blizzivision or even Actizard)

1 up, 0 down

SHADOW [Moderator]
Saturday, February 14, 2009 @ 6:48:35 PM
Reply

Blizzivision: "We have decided to take the "EA approach to publishing success". We're going to do a ton of stuff to piss off consumers and in theory make a ton of money. We have already made a good start what with the feud between our two internal Call of Duty developers (Infinity Ward and Treyarch). We are quickly running the Guitar Hero franchise into the ground. And we think this law suit is the next logical step in our quest for market domination."

4 up, 1 down

SarahPalinMILF
Saturday, February 14, 2009 @ 10:41:35 PM

Are you sure you're not a rep for Blizzvision because thats pretty much whats going on...

0 up, 0 down

BTNwarrior
Saturday, February 14, 2009 @ 11:35:49 PM
Reply

Guess activision didn't anticipat all the free advertizing that Jack Black was throwing out

0 up, 0 down

Wage SLAVES
Sunday, February 15, 2009 @ 4:06:23 AM
Reply

Imma buy this game now. I hate dead beat dad's!!!

0 up, 0 down

_ Jazzman _
Sunday, February 15, 2009 @ 6:29:13 AM
Reply

well this screams 'Watchmen'...
Hope all this legal rights BS gets sorted soon. Activision didn't wanna pursue brutal legends, but now a moneymaking opportunity has popped up it's suddenly the hot game worth suing over?
Absolute BS.

1 up, 0 down

LightShow
Sunday, February 15, 2009 @ 12:53:12 PM
Reply

its strange how big publishers are under the assumption that their dealings are totally opaque, and that everyone doesn't know exactly what they're up to.

0 up, 0 down

shaydey77
Sunday, February 15, 2009 @ 3:53:34 PM
Reply

if they sue them EA will EA still publish the game? Sueing over rights to a game you already passed on..lifes too short.

0 up, 0 down

WorldEndsWithMe
Sunday, February 15, 2009 @ 4:11:14 PM
Reply

Activision is just upset that lately the game is getting some good press and they already passed on it.

1 up, 0 down

Tatsujin
Monday, February 16, 2009 @ 9:38:38 AM
Reply

Wait... I read this article over and over agian but this is the problem; Did Activision ever say that they will not publish the game? Because technically it's still theirs, and even if they didn't want to publish it, they do still have the rights. There was a contract made before Activision decided to merge with Vivendi. EA can't just jump on and make a new contract without Activisions involvment, because that contract is still probably valid.

I think Activision still has the publishing rights to the game...

0 up, 0 down

Arvis
Monday, February 16, 2009 @ 1:13:22 PM
Reply

I wonder how many video games exist that have the word "Brutal" or the word "Legend" somewhere in the title.

Can't the industry come up with better names than this? Just hearing the name makes me want to fall asleep.

-Arvis

0 up, 0 down

Please login or register to leave a comment.

What are people generally like when playing online?
	They're just fine, I never have any problems
	They're okay, but there are always a few jerks
	Most are annoying and rude, but some are decent
	It's almost unbearable; everyone is disgusting

Grand Theft Auto: Liberty City Stories cheats	PSP
Grand Theft Auto: San Andreas cheats	PS2
Psi-Ops: The Mindgate Conspiracy cheats	PS2
Assassin's Creed cheats	PS3
Metal Gear Solid: Portable Ops+ cheats	PSP
Bounty Hounds cheats	PSP
Wolfenstein cheats	PS3
Dissidia: Final Fantasy cheats	PSP
Tenchu: Shadow Assassins cheats	PSP
The Incredible Hulk cheats	PS2

Assassin's Creed II review	PS3
God of War Collection review	PS3
Tekken 6 review	PS3
Braid review	PS3
Call of Duty: Modern Warfare 2 review	PS3
Grand Theft Auto: Chinatown Wars review	PSP
MotorStorm: Arctic Edge review	PS2
Cloudy With a Chance of Meatballs review	PS3
Band Hero review	PS3
Jak and Daxter: The Lost Frontier review	PSP

3D Dot Game Heroes preview	PS3
MotoGP 09/10 preview	PS3
Assassin's Creed: Bloodlines preview	PSP
Madden NFL Arcade preview	PS3
Vancouver 2010 preview	PS3
Valkyria Chronicles 2 preview	PSP
Star Wars Battlefront: Elite Squadron preview	PSP
God of War Collection preview	PS3
Max Payne 3 preview	PS3
Gran Turismo 5 preview	PS3

Playstation 3

PSP

Playstation 2

Playstation

Other

Get Stuff

Interact

PSX Extreme

Site Stats

Activision To Sue EA Over Publishing Rights To Brutal Legend?

Comments (Beta)

PS3 Giveaway

Sponsor

Our Poll

Latest Updates

Popular Cheats

Recent Reviews

Recent Previews

Popular Sections

Extras

Related Sites