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Activision likely to lose Brutal Legend case

Release will probably go ahead, says judge.

The judge presiding over the Brutal Legend legal battle has delayed his decision until next week - but warned he's unlikely to rule in Activision's favour.

Activision filed a lawsuit in June, claiming it invested $15 million in Brutal Legend and owns the rights. The publisher is attempting to block Electronic Arts from releasing the game, which is currently down for an October launch.

Developer Double Fine waded in earlier this month, filing a countersuit against Activision.

So it's left to Los Angeles Superior Court judge Craig Karlan to decide who's right and who's wrong, like some kind of Jeremy Kyle of videogames.

According to the Associated Press Double Fine is due to deliver a final version of the game by 8th August. Karlan has said he needs a bit more time to think but will make his ruling before then, on the 6th.

It's not looking good for Activision, though - the judge said he is leaning against ordering a delay to the release of the game.

"I can't say there's a likelihood of success here," Karlan said. However, he added, "This is going to be a close call."