Brutal Legend release to go ahead in Oct

By Ellie Gibson Published 7 August, 2009

Activision and Double Fine reach settlement.

The October release of Brutal Legend will go ahead as planned after Activision and Double Fine reached a legal settlement.

According to the Associated Press, Activision called off its hounds before they were due to put their case at a hearing yesterday. Neither company has revealed details of the settlement.

Activision filed suit back in June, claiming it owned the rights to Brutal Legend and trying to block the game from release. Double Fine countersued, alleging Activision was just trying to fend off competition for Guitar Hero. Last month a judge overseeing the case said he was likely to come down in Double Fine's favour.

Now he won't have to, and EA won't have to cancel those release plans. Brutal Legend will be released for PS3 and Xbox 360 on 16th October.

Picture of Ellie.

About Ellie Gibson

Since joining Eurogamer in the mid 2000s, Ellie has written about subjects as diverse as the fall of Gizmondo, the rise of Hollyoaks actresses in Red Alert games and the noise a bear makes under NSFW circumstances.

Read more articles from Ellie by visiting the Ellie Gibson archive page.

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Comments (26) Latest comment 3 years ago

Comments threads automatically close after 30 days, but please feel free to continue chatting on the forum!

  • PlugMonkey #1 3 years ago

    Good.

  • sarcasmoidosis #2 3 years ago

    The settlement probably contains some money for Activision, game hyped, mission accomplished.

    Hurray for everyone!

  • beastmaster #3 3 years ago

    Activision suddently realised it didn't have a case and backed off.

  • Zebula77 #4 3 years ago

    *screams* "Rock and ROLLLLLL!"

    Activision cannot kill the metal. The metal will throw them to the ground!

  • Eury #5 3 years ago

    Well, of course Activision will be getting money from this. Otherwise they wouldn't drop the lawsuit.

  • cyacomini #6 3 years ago

    I hope the settlement contained absolutely FUCK all for Activision - apart from maybe a promise that Double Fine won't take them to court.

    If Acti got a financial settlement in all this, it'll only encourage this type of dispicable behaviour from other publishing behemoths.
    Edited by 1 at 07/08/09 @ 09:34

  • Reihn #7 3 years ago

    Awesome. That date is very close to my girlfriend's birthday. She's going to be thrilled!! The joy of watching me play a new Tim Schafer game will be a wonderful present.

  • Kremlik Verified Co-Founder, Crash To Desktop #8 3 years ago

    Sadly I do think it's % of sales money related they only really gave a **** once it reached ' possibile game of the year' status thinking it'll take money away from MW2..

    Sorry but resent actions do point that way Activision is trying to grab every bit of money it can

  • AphoticCosmos #9 3 years ago

    Good, now piss off Activision.

  • MORZTAN #10 3 years ago

    Stupid question coming up: Are you using GH guitars in the game or just playing with the controller?

  • BabyJesus #11 3 years ago

    Boo, EA shouldn't of caved in.

    Activision remind me of an EX who dumped me, she didn't want to be with me, but whenever I was with someone else she would go apeshit.

  • sneetch #12 3 years ago

    @Eury
    Well, of course Activision will be getting money from this. Otherwise they wouldn't drop the lawsuit.

    Most likely. How much depends on how obvious it was that the court would go with Double Fine (the judge seemed disposed towards finding for them). I hope it's just a pittance so that Activision can save face.

    @MORZTAN
    Stupid question coming up: Are you using GH guitars in the game or just playing with the controller?

    Controller I believe, you need the analog sticks for movement.

  • kar #13 3 years ago

    Personally I think it is vastly more likely Activision settled with Double Fine/EA rather than the other way around.

    The story continuing was giving oxygen to the game, and the likely defeat in court would have then exposed them to Double Fine's claims for damages -- further giving exposure to the game and highlighting just how big a toad Bobby Kotick is.

    So really it's very unlikely Activision made any cash out of this. And quite likely the opposite.

  • RobotRocker #14 3 years ago

    Considering the Judge told Activision from the initial evidence presented that they more than likley would not win. Whatever the Settlement is, it will probably not be in Activisions favour since DF could have gone ahead and taken them to the cleaners with their counter suit. Probably Double Fine's legal fees are being paid by Activison and an assurance that they wont be screwing around with the release date in exhange for not following through with the counter suit.

    Its a victory for common sense anyway

  • Rubarack #15 3 years ago

    I don't think there was ever a chance of the game being blocked, Activision never had a chance. But they realised they could either delay the game or scrounge some cash from EA.

    So, villainous scum as they are, Activision still won this round.

  • LowEnergyCycle #16 3 years ago

    Hooraay!!! I would also hope the shear amount of negative press Activision were getting over this had some effect on the decision. Virtually every comments thread on the planet was telling Bobby Kotick to fuck off and die.

    But crawling back into his cave with his reptilian tail between his legs will do just fine I guess.

  • IronCladChicken #17 3 years ago

    I think Kotick's mistake is in treating a public facing company like Activision as if it were a corporate entity.

  • cyacomini #18 3 years ago

    /\

    He hasn't - sadly. Still spouting shite here http://n4 g.com/industrynews/News-373504....

  • PlugMonkey #19 3 years ago

  • sneetch #20 3 years ago

    @cyacomini

    I managed to read all the way to the second paragraph in that article before slipping into a coma and breaking my nose on my desk... I'm not sure who I should send the medical bills to; you or Kotick. ;)

  • RobotRocker #21 3 years ago

    Update: [link url=http://www.joys tiq.com/2009/08/07/activision-to-receive-little-to-no-compen sation-in-brutal-lege/
    ]http://ww w.joystiq.com/2009/08/07/activi...[/link]

    Justice prevails. Commence the headbanging.

  • IronCladChicken #22 3 years ago

    @cyacomini
    I think that kinda adds to my point - He discusses the company as if he were addressing the stockholders/vivendi management & doesn't take into account the views of the hardcore fan base/customers (on the basis the casual gamers really don't care :) ).

  • Xeopuppy #23 3 years ago

    Yes, thank goodness that's over and Brutal Legend is coming out.

    Now Activision can go and fuck right off, and kiss my shiny metal ass...

  • BabyJesus #24 3 years ago

    "Now Activision can go and fuck right off, and kiss my shiny metal ass..."

    +1 Karma for the futurama reference.
    Edited by 2 at 08/08/09 @ 07:34

  • cyber_nicco #25 3 years ago

    Actually, there would be reasons for Activision to settle even without receiving money. For instance, if they had gone all the way and lost the case (as the judge was hinting would be the case) they would have racked up additional legal fees AND been liable for Double Fine's legal costs as well.

    That being said, who knows...

  • lucky_jim #26 3 years ago

    Imagine if Activision made a game with "Edge" in the title, and Tim Langdell tried to sue Bobby Kotick. Who would you want to win? It'd be horrible! Perhaps one of them could hire Jack Thompson, then we could nuke the courthouse from orbit.