Peace In Our Time: Brutal Legend Lawsuit Settled

[Ondo]

Originally Posted by crazyD

Also from the AP report:

Yes, meaning the chance of Activision winning is not so high he will order a delay of Brutal Legend. You have to have a really good case to get a preemptive ruling in your favor, and they don't have that. It does not mean they don't have a case at all - he clearly states they do.

[Zanzibar]

And, again, this is only a PORTION of the case - Activision was trying to say that the release of BL before the dev cost issue is resolved would be detrimental to Activision's ability to recoup those losses - THAT was the 'too close to call' issue.

Seriously, crazyD, can you see the difference between the two?

Issue 1: BL's release before lawsuit over dev cost recoupment is decided will hurt Activision's ability to recoup said dev costs, thus Activision sues to prevent BL release.

Issue 2: Activision sues for recoupment of dev costs.

The judge was ONLY deciding on Issue 1, NOT ON ISSUE 2. Those are two separate issues, NEVER TO BE COMBINED AGAIN on these threads, okay?

EA/Double Fine might very well have been able to win Issue 1, but that didn't mean that they would win Issue 2.

[Johan]

It's just business. I really wonder sometimes when you guys will realize that.

You got your business in my hobby! Oh noz!

[AgtFox]

Originally Posted by Zanzibar

And, again, this is only a PORTION of the case - Activision was trying to say that the release of BL before the dev cost issue is resolved would be detrimental to Activision's ability to recoup those losses - THAT was the 'too close to call' issue.

Seriously, crazyD, can you see the difference between the two?

Issue 1: BL's release before lawsuit over dev cost recoupment is decided will hurt Activision's ability to recoup said dev costs, thus Activision sues to prevent BL release.

Issue 2: Activision sues for recoupment of dev costs.

The judge was ONLY deciding on Issue 1, NOT ON ISSUE 2. Those are two separate issues, NEVER TO BE COMBINED AGAIN on these threads, okay?

EA/Double Fine might very well have been able to win Issue 1, but that didn't mean that they would win Issue 2.

You can't direct what people say about this situation, especially when you are a primary stakeholder in it whereas I am guessing the rest of us are not.

Some people interpret what was said differently, deal with it. I personally would say the lawsuit(s) were slightly different from what you pointed out.

The original one in June was to stop release of the game. Activision felt they still had release rights and said they had invested $15 million into the game, which one would assume was already paid by that point via Vivendi before the merger.

Later on the $7 million figure came up that Double Fine had asked for to continue development with Activision at which point there might have been some miscommunication as to whether Activision had released Double Fine to find another publisher for the game or not.

You were right about where he said he didn't feel there "was a case". That was directed toward that he didn't feel that he could delay release of the game, but the monetary case could go on and who knows who would have prevailed.

Now, people can still piss and moan whether Activision should be recouped its money and whether they totally dropped Double Fine and allowed them to look for another publisher or if DF signed something saying they would pay Activision back the money. That's the stuff we don't know and all we can do is play the hypothetical game.

As I said in one of the other threads, they met in the middle and probably under $10 million changed hands. Not a total loss for Activision in the end, although if Brutal Legend ends up being a huge seller their ass will probably hurt quite a bit over the money they could have made. Once again, this is hypothetical because we probably will never know the full facts.

[fitbabits]

Jeez. I expected to come in to this thread and see a lot of love, but instead it's the same people playing the same roles in the same tired and ridiculous drama.

The case is settled. Only those with firsthand knowledge will be able to say what went down during this whole fiasco, and also who the 'winners' and 'losers' were. I don't see anyone here with said firsthand knowledge, unless I'm missing something.

Now, about the game. I still don't fancy it.

[AgtFox]

Originally Posted by fitbabits

Jeez. I expected to come in to this thread and see a lot of love, but instead it's the same people playing the same roles in the same tired and ridiculous drama.

The case is settled. Only those with firsthand knowledge will be able to say what went down during this whole fiasco, and also who the 'winners' and 'losers' were. I don't see anyone here with said firsthand knowledge, unless I'm missing something.

Now, about the game. I still don't fancy it.

I'm happy it is coming out on the date it was given. I also think it would be awesome to know everything about the case, but as I said above chances are we will never know.

[LordDon]

Originally Posted by Ghostbear

Fixed that for you.

Thanks Ghostbear!

[divinechaos]

If this game had been delayed I would've been a very sad being. I'm only buying a handful of games this year and I'm glad that I get to keep this one on my list.

[Ancalagon]

Originally Posted by fitbabits

Now, about the game. I still don't fancy it.

What game? We were talking about Activision.

Activision hasnt done themselves any favours with this. Its the last in a long series of statements and actions that have let the gaming public know how much they love money. Now, as Kelegacy said, we understand that game companies are businesses and exist to make money, we just dont like to buy reminded of it.

I would have thought that, before Activision let DF go, they would have stipulated that they have some rights to the game/IP that they were developing, and if it were ever published they would need to pay up. Maybe they did and EA tried to see if they could get away with not paying, I dont know.

Anyway, I'll probably buy this game.

[J Arcane]

Originally Posted by Zanzibar

ROFL. Go find evidence of that. Activision didn't delay the hearings, the courts did. But hey, y'know, truth never got in the way of seething fanboy logic.

And they didn't lose. Activision probably got millions more in the settlement from EA now than they would have even six months ago. There was very little buzz when Activision cut them loose, and now they reached a settlement, when interest in the game is at its height. Buy low, sell high.

It's just business. I really wonder sometimes when you guys will realize that.

Since when has "It's just business" ever been a good excuse for fucking anything?

I fucking hate our culture. I really fucking do. That a person can say a thing like that and expect it to excuse a goddamn thing about someone's behavior disgusts me.

We used to hear that phrase from the mouths of cheesy movie villains with mercenary dispositions, now we're expected to treat those same characters as heroes? To stand up and defend their right to be manipulative, weaselly douchebags?

Fuck that shit. I don't care who the fuck you or anyone else works for, asshole money grubbing stunts are asshole money grubbing stunts. Saying "it's just business" is about as vapid and useless as "I was just following orders".

[pomeroy]

I know that flying off the handle is your schtick, but seriously. In the end, this just cost EA some money. Didn't hurt anyone. Let's not compare a business suing another business to murder.

Edit: nice ninja edit. Eh. I still think you're off base.

[Johan]

Feel the power; harness the rage! The Internet solves the energy crisis!

It is a business, and consumers are customers. Perhaps if people realized that, they could enjoy the games without the level of blind mania that we often see within some gamers for one company over/against another.

Also, assuming you know all that has happened in a case like this is a bit like thinking a two-dimensional piece of paper has a full view of the 3D world, because our view is substantially obscured. We don't know what's really happened here. We probably never will. Some companies went to court over a particular IP. It's not unusual. It's not shocking. There are no heroes.

Edit: I also would be surprised if this game did well in sales. I just don't see it. We'll see when it releases, though! Who knows?

[Adam Blue]

Just found a little more information:

Update (6:30 p.m.): A person familiar with the settlement, who requested not to be identified because the details are being kept confidential, confirmed that Brutal Legend would be released in October, as Electronic Arts had previously planned. The settlement ends all litigation involving Double Fine, EA and Activision over the game.

The person noted that the settlement came together in the last week after the judge in L.A. County Superior Court in Santa Monica said last Thursday that he was strongly inclined to rule against Activision's motion to stop the game's release.

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.

[violent]

Originally Posted by Johan

Edit: I also would be surprised if this game did well in sales. I just don't see it. We'll see when it releases, though! Who knows?

The game lives on popular nerd culture. Metal and Shafer, two things held in high regard that are enough to push sales. It's like zombies. Throw zombies into any piece of shit medium and it'll sell because marketing is serious business and gamer demographics can be an easy game to play.

That's not to say this game won't be good though. This is merely my perceptions of a culture embracing an idea.

[Ink Asylum]

Awww...poor Activision.

[torrefaction]

Good. Now I don't have to boycott anyone.

Not that I necessarily blame Activision entirely for what was just a business move...

But if they kept this game out of my hands, well...I would have hurt someone. With a stick. A pointy one.

[Jeffool]

Sweet damn people, chill the luck out OK? I mean, if Spigot came in and called bapenguin "cunt" and Ring bitchslapped Ox, you'd have almost everyone I liked at each other's throats. Can't we all just get along?

[Ancalagon]

Originally Posted by Adam Blue

Just found a little more information:

Mmmm, I love the smell of wasted money.

[crazyD]

Originally Posted by Jeffool

Sweet damn people, chill the luck out OK? I mean, if Spigot came in and called bapenguin "cunt" and Ring bitchslapped Ox, you'd have almost everyone I liked at each other's throats. Can't we all just get along?

Who asked you, you goddamn cunt?