Court not likely to delay Brutal Legend
by Ben Gilbert 
{ Jul 30th 2009 at 5:30PM } 
The Associated Press has Los Angeles Superior Court judge Craig Karlan pushing back the formal motions until August 6th, to allow both parties to further prepare their arguments -- and because his calendar is full at the moment (with dance parties, we assume). Though he called the case a "close call," he also noted that his tentative judgment is based on his belief that Activision's case doesn't have "a likelihood of success." Ouch.
Reader Comments (Page 1 of 1)
avan @ Jul 30th 2009 5:37PM
Haha finally good news, sadly my 360 is dead............
Michael K. @ Jul 30th 2009 5:37PM
It'd be funny if another game got delayed until next year
Professor Lario @ Jul 30th 2009 5:52PM
Funny 'ha ha' or funny faux pas?
ArchiGamer [thephilosophyofgames.wordpress.com] @ Jul 30th 2009 5:42PM
FUCK ACTIVISION TO HELL!!!!!!!!!
Dr.House (GT:DiGiTAL SiN254) @ Jul 30th 2009 5:58PM
yes....yes I will
MystileArmor @ Jul 30th 2009 6:05PM
You like the expensive whores, don't you Dr. House?
Divine Doosh (zing!) @ Jul 30th 2009 6:47PM
Already beat you to it Padre.
[tre the disgruntled former sweatshop worker] [blogs at trespeak.tumblr.com] @ Jul 30th 2009 5:43PM
In other law-related news, I still need a lawyer, as I'm suing Wiizer's Sweatshop for child labor, abuse, assault, and slavery.
ArchiGamer [thephilosophyofgames.wordpress.com] @ Jul 30th 2009 5:50PM
I'm sorry, but you are not to speak of any legal matters involving Wiizer Sweatshop and you. Now, please return to your cage.
[tre the disgruntled former sweatshop worker] [blogs at trespeak.tumblr.com] @ Jul 30th 2009 6:06PM
I already left your godforsaken sweatshop, and opened my eyes to happiness (or happy music, whichever this song could be considered)...
http://www.youtube.com/watch?v=aI4JLa0hbUw
sipperlipper @ Jul 30th 2009 5:51PM
I don't think it's worth it for Activision. Most of us already hate them. They don't want to attract even more hate. Brutal Legend has garnered quite a following, so if Activision was successful with this bull, then I could see a lot of hurting in the future for Activision. Just shut up and keep milking the hell out of Guitar Hero and Call of Duty, ya jerks!
Warlock @ Jul 30th 2009 6:02PM
Honestly, the number of people who are even aware of this and/or care is probably low enough that it's not going to "doom Activision" (and I'm not saying no one cares, just that people who actively follow this type of thing are the minority of Activision's customers). They aren't going to back off just because some guys on the interwebs are mad at them...
sipperlipper @ Jul 30th 2009 7:23PM
I think your underestimate the power of said "interwebs".
rkrocks123 @ Jul 30th 2009 8:38PM
They're probably going to market this pretty well come fall, anyways. I mean, it stars Jack Black and a bunch of rock legends and looks pretty great.
Note, I'm using the term "rock legends" pretty loosely here.
tmacairjordan87 @ Jul 30th 2009 5:51PM
The court may not delay Brutal Legend.....but Uncharted 2 and MW2 will!!!
On a serious note, fuck you Activision. I don't normally wish harm on people, but let's just say I wouldn't lose any sleep if Kotick wrapped his lambo around a very thick tree...
Leroy_Octopus @ Jul 30th 2009 6:02PM
I'll doubt they'll delay it themselves. They've really been touting the Rocktober release date. Besides, now that every other game is getting delayed, they have less competition.
Sly @ Jul 30th 2009 6:02PM
NO! DO NOT SAY THAT!
lambos are too good to crash into trees. put him in some other kind of car, and i'll be fine with it. but not a lambo.
tmacairjordan87 @ Jul 30th 2009 6:12PM
That's right I forgot, douchebags drive Ferrari's...not Lambos :P
Sly @ Jul 30th 2009 6:13PM
exactly! now you have it!
F1: Basu Gasu Bakuhatsu @ Jul 30th 2009 5:52PM
Off topic I know but GOD is Neon Genesis Evangelion dark!
Linkb8s (XBL: Tenku no Link) @ Jul 30th 2009 5:52PM
Glad that the Judge is already saying that Activision's odds are against them. Hopefully that belief will follow all the way through.
Lord Foortwenti @ Jul 30th 2009 6:01PM
I was kinda worried about this one, granted, it didn't seem that Activision had grounds to be able to stop EA and Double Fine from releasing the game, but who knows what could have been in that original agreement between Double Fine and Activision.
Well, I guess it turns out there was nothing there. And, of course, it was a real scum--bag move on Activisions part to try and stop the release after they told Double Fine that the game wasn't up to their standards, or that it didn't "fit in with Activisions long-term goals"....bastards.
It's good to see 'justice" being served once in a while, although I really have to admit that it is weird having EA be the "good guys" in all of this, or anything for that matter. lol
Warlock @ Jul 30th 2009 6:05PM
Oh, it was clearly a move of spite to block the game's sales. To be honest myself, I didn't know what to think, because contracts can be tricky (who knows, maybe through some crazy loophole the law would side with Activision). But given the judge doesn't seem to think they have a case, that's good to hear.
F1: Basu Gasu Bakuhatsu @ Jul 30th 2009 5:54PM
Double fine moving in for the Teabag!
Courtney @ Jul 30th 2009 5:56PM
I believe they prefer beheadings, with axes.
ArchiGamer [Wiizer Sweatshop Human Resources] @ Jul 30th 2009 5:58PM
Or death by guitar solos.
Sly @ Jul 30th 2009 6:03PM
...and then teabagging the corpse.
oOWallaceOo @ Jul 30th 2009 6:00PM
If the judge shows up to court next week wearing Night Vision Googles we are all screwed
Macabre @ Jul 30th 2009 6:42PM
I totally LOL'd, good one man, +1!
devilsei @ Jul 30th 2009 6:04PM
"Though he called the case a "close call," he also noted that his tentative judgment is based on his belief that Activision's case doesn't have "a likelihood of success." Ouch."
Close call how? They dropped the game, as in we dont want you around any more, so take your stuff and GTFO. Would the judge see a case, where a man who just forced his wife to divorce him, where that same man is suing his wife for marrying someone else, and force her to abort her pregnancy? Nope.
Only chance Activision has of winning is if they pay the judge off. And trust me, if he does rule in favor of activision, thats exactly what happened and the internet would rise up.
maybe we should try and get 4chan to attack activision if they do manage it...? Those people are a bunch of nuts (no offense to them) so I'd love to see the damage they cause to them.
Leroy_Octopus @ Jul 30th 2009 6:08PM
YES! Let's leave Activision at the mercy of Anonymous! It's what the world wants! What the world deserves!
Kazper @ Jul 30th 2009 7:12PM
I believe the Judge meant that the decision to not block the gamerelease pending the trial was a close call when he weighed all aspects of it. Given that it would REALLY complicate matters IF the game was allowed to release and then later the court rules in Activisions favor, he would probably tend to grant injunctions in such cases unless the case looks REALLY weak. Apparently Activisions case does look really weak, which is good.
devilsei @ Jul 30th 2009 8:33PM
Ahh, yeah that makes sense Kaz, if they allowed the game to go, only to have activision win, or blocked and activision lost, either way would of sparked some sh** in the end.
And nice "Dark Knight" reference Leroy =D
NFK @ Jul 30th 2009 9:55PM
Yeah I honestly think it's worth forming a case for Anonymous that outlines why they should attack Activision.
jhalfan336 @ Jul 30th 2009 6:14PM
Activision sucks! They are obviously worried about the competition if they think it is worth it for them to try and block the release of Brutal Legend! Tim Shafer is the man and this game is gonna ROCK! Someone should start some kind of petition against Activision here, I am a follower of Brutal Legend on Twitter and Facebook, I can't wait to see what they have to say about this! http://www.facebook.com/home.php#/brutallegend?ref=ts
darkseid @ Jul 30th 2009 7:49PM
For informational purposes, cuz I love ya'll (and apparently like working for free):
"Likelihood of success" is being used as a term of art here. Activision wants a permanent injunction (an order that EA can't sell Brutal Legend ever). That would require lengthy litigation at which point, it would be moot. So Activision is asking for an emergency remedy: A "temporary" injunction.*
A temporary injunction in this instance would be an order that EA cannot sell Brutal Legend UNTIL the case is resolved. The parties basically have to have a mini-fight before they've had the lengthy investigation that comes with litigating a case for a couple of years.
When a party moves for a temporary injunction, the odds are against it. The burden is on the moving party to show that it is *more likely than not* to win the case, even after the limited factual investigation to date.
So here, Judge Karlan issued a Tentative Ruling that Activision does not appear to have met its legal/factual burden. After a tentative is issued, the parties have the opportunity (at the hearing) to argue about whether the Judge's inclination is correct. The Judge might also ask for additional briefing on certain issues.
*I have not reviewed the papers, but am basing this on my general knowledge. Thanks. If someone wants to give me a convenient link to the papers, I'll try to offer some more thoughts.
-Eudaimo
jhalfan336 @ Jul 30th 2009 8:05PM
So, basically what you are saying is that Activision sucks for this, and that they shouldn't win.
That is good because I am ready for ROCKTOBER and for my Pre Order, I want Brutal Legend!
Stevetrop @ Jul 30th 2009 8:11PM
Activision should be proud. They have accomplished something that I didn't think any one else could do. They have uncrowned EA and took their Douche Bag award.
I have been gaining a constant disgust on how they have been handling themselves. I'm glad they didn't get the chance to hold back Brutal Legend.
Warlock @ Jul 31st 2009 12:38AM
I know, right? Add to this there is actually some decent, non-shovelware stuff coming out of EA for a change. Is this the first sign of the apocolypse?
Savage @ Jul 31st 2009 12:26AM
Just another reason to love Activision isn't it? They tell Double Fine that they're dropping the project and to go find another publisher. Then suddenly this game explodes in popularity and interest, and they want it back. It's like an ex-girlfriend who wants her boyfriend back now that he's won the lottery.
Baked Duck @ Jul 31st 2009 4:32AM
But now she has STDs.
darkwater124 @ Jul 31st 2009 2:22PM
Isn't that the plot of What Happens in Vegas?