Activision and Double Fine have settled their dispute over publishing rights for Brutal Legend, paving the way for the game’s release.The settlement comes just before both sides were to present their arguments to court, with Activision claiming that it still owns the rights to publish Brutal Legend, despite seemingly dropping the title from its line-up following the Blizzard merger.
When EA picked up the rights to publish the game Activision sued. Double Fine then counter-sued, claiming that Activision was simply trying to protect sales of Guitar Hero, and had no real interest in publishing Brutal Legend unless it was under the Guitar Hero brand.
Before the settlement the judge presiding over the case expressed doubts over Activision’s claims, saying that he couldn’t see any “likelihood of success” for the mega-publisher.
Double Fine countersued, claiming Activision terminated its agreement to release the heavy-metal inspired game after a failed attempt to make it part of the company's lucrative "Guitar Hero" franchise. Double Fine claimed Activision then moved to stop the release of "Brutal Legend" to try to protect "Guitar Hero."
"Brutal Legend" features Black as band roadie transported to a mythical ancient world to fight evil.
Los Angeles Superior Court spokeswoman Vania Stuelp said attorneys for Activision notified the court of the settlement agreement with Double Fine. Attorneys for the companies did not immediately return calls seeking comment on Thursday.
A hearing on a proposed injunction scheduled for Thursday morning was canceled. Activision's attorneys were set to argue why the game shouldn't be released.
Superior Court Judge Craig Karlan told attorneys last week that he was inclined to deny Activision's request and allow the game to be released on time.