IndustryGamers - Informing the Games Industry

Double Fine Countersues Activision Over Brutal Legend

Posted July 22, 2009 by James Brightman

In early June, it was revealed that Activision filed a suit against developer Double Fine Productions over the upcoming release of rock-themed Brutal Legend. The game is slated to be published this fall by rival Electronic Arts on PS3 and Xbox 360, but Activision claims it should still have the rights to publish the title.

Jack Black looking good with demonic wings...

Now Double Fine has fired back at Activision, noting that the publisher is deliberately attempting to kill Brutal Legend in an effort to preserve its popular Guitar Hero franchise, the AP has reported. The suit also contends that  Activision never showed an active interest in Brutal Legend  and canceled it in 2008 after the company's merger with Vivendi. Double Fine states that Activision wanted to convert the game into a Guitar Hero sequel. 

"Now that we've found a publisher and the game is getting sensational coverage, they want to stop its release," said Double Fine Chief Operating Officer Caroline Esmurdoc. "Double Fine's countersuit is a demonstration of our intention to fight for this game — Activision will not kill Brutal Legend." Double Fine also commented that the survival of the studio itself will depend on the successful launch of Brutal Legend.

A hearing is scheduled for July 30 on a motion by Activision to block the game's release. Double Fine is seeking a judge's ruling that Activision actually terminated its agreement and that the company was free to sell it to EA. 

IndustryGamers is looking forward to Brutal Legend, and we certainly don't want to see Tim Schafer's studio crumble due to these legal shenanigans.  

James Brightman has been covering the games industry since 2003 and has been an avid gamer ever since the days of Atari and Intellivision. He was previously the EIC of GameDaily Biz.