Activision: Killing the Competition?

By Kevin Parrish, published on July 22, 2009 at 5:40 PM
Source: Tom's Guide US | Keywords: , , , , | Themes: Software
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Developer Double Fine Productions is firing back at Activision over Brutal Legend.

Developer Double Fine Productions has filed a countersuit against Activision in regards to the upcoming game, Brutal Legend (starring Jack Black). The countersuit stems from a recent attempt by Activision to block the game from going retail, and alleges that the publisher is intentionally trying to hurt the developer and its project.

"[Activision's] purpose is not only to cancel Brutal Legend, but to kill it completely so that Guitar Hero would not have to face the competition," the lawsuit claims.

Originally, Double Fine Productions was developing Brutal Legend for Vivendi Universal Games, however the game was supposedly canceled in 2008 after Vivendi was acquired by Activision. Electronic Arts thus picked up the publishing rights and plans to release the game this October.

The initial lawsuit filed by Activision stated that both the publisher and developer did not reach an agreement after several delays, and contends that it never fully relinquished its rights to Brutal Legend. Activision said that the developer "improperly transferred" the game over to Electronic Arts, and thus sued the developer in June

The countersuit filed by Double Fine last week paints a different picture, saying that Activision lost interest and preferred to develop games based on movies, Call of Duty, and World of Warcraft-related material rather than "original titles." The countersuit is asking the court to rule that Activision actually terminated the agreement, and that the developer was free to sell Brutal Legend to Electronic Arts.

The hearing to block Brutal Legend's release will take place July 30.

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Comments

neon neophyte 07/22/2009 11:48 PM
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companies like activision... and ea are no longer in the gaming business to make games. they are in the gaming business to CONTROL games. big business, as always.

sad really, as its the smaller companies, independent from these larger companies that have love for their product.

EA squashes small companies and takes the love out of the product.

Activision is now an EA wannabe.

Hanin33 07/22/2009 11:58 PM
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if Activision dropped the ball... too bad... but to try to stop a game from posing competition with your products is pathetic...

jueston 07/23/2009 12:17 PM
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its business... its nothing amazing... buy a company because it poses a threat... does this actually shock anyone?

P_haze420 07/23/2009 12:27 PM
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OH COME ON!

megamanx00 07/23/2009 12:32 PM
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Activision is just being a little punk because they dropped the ball on this game and they don't want it taking off for someone else.

twisted politiks 07/23/2009 12:57 PM
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"[Activision's] purpose is not only to cancel Brutal Legend, but to kill it completely so that Guitar Hero would not have to face the competition," the lawsuit claims."

if the judge doesn't, for any other reason, refuse Activision's lawsuit for this statement, which to me, sounds like somebody is trying to monopolize the gaming industry by not allowing competition (yay for America promoting communism giving every kid a trophy for last place instead of teaching them that life isn't all about cookies and icecream) then this judge needs to be sued himself for not only allowing such a stupid lawsuit to go forth, but for allowing activision to control even more of the market. i think i might sue him for being a dumbass if this ends on activisions side.

now if activision still owns the game, then thats a different story, but to give such an asinine reason for this, is just f*cking insulting to America, land of "i can sue for whatever i want and win millions because im lazy and dont want to work"

eklipz330 07/23/2009 1:11 AM
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Quote :"[Activision's] purpose is not only to cancel Brutal Legend, but to kill it completely so that Guitar Hero would not have to face the competition," the lawsuit claims.


QFT

anamaniac 07/23/2009 9:16 AM
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Anonymous 07/23/2009 1:39 PM
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@ anamaniac
Brutal legend isn't a rhythm game. its looking like a platforming - action game. Looking kinda original. interesting...

LATTEH 07/23/2009 4:26 PM
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DAMN YOU ACTIVISION!!!!!

magicandy 07/23/2009 4:29 PM
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Unfortunately, if Activision is correct and the publishing rights are still theirs, the law is already on their side. I find that quite sad.

lowguppy 07/23/2009 6:08 PM
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EA has the resources to fight Activision, they'll get the game released. At least the little guy has a big guy in their corner. The game looks to be complete awesome.

Anonymous 07/23/2009 6:38 PM
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EA can fight Activision? What planet are you on? Activision/Blizzard is now THE gaming goliath. Remember, Blizzard is pulling down about 150 MILLION/Month from World of Warcraft alone (at its peak). EA could only dream of that kind of clout.

Not to mention how many other development houses HATE EA.

Anonymous 07/23/2009 9:27 PM
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If you hate Activision and EA, show them with your wallets, or lack there of. Pirate all their games!!

taiso 07/23/2009 11:01 PM
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if this game is not even a music game how is the statement the developer made: "[Activision's] purpose is not only to cancel Brutal Legend, but to kill it completely so that Guitar Hero would not have to face the competition" even valid in the first place. not that i'm siding with anyone on this issue but this all seems kinda childish. activision: let them release their game and stop being greedy, and to the developer: stop whining. although anamaniac was off topic (and a bit off target) i do agree that the music simulator games are pretty stupid. i picked up a real guitar for 150, with an amp. around the same it would cost you to get set up with those music games + the plastic guitar and you're actually learning something.

demonhorde665 07/24/2009 2:27 AM
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this is dumb , 1 brutal legned while music is a BIG selling point for it , it is not a music -instrument based game, it is a 3rd person action adventure game. personally i've been waitng for this game , i say ---k Activision , activision ahs writes to "brutal legend" so i say the developer shoudl change teh game's name ,and screw them

nachowarrior 07/24/2009 8:30 AM
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i'll "donate" a dollar for it to be "Leaked"... my pc should handle an emulator for the 360, or they could just bust out a pc release asap and leak that.

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