Tim Schafer Responds To Activision’s Brutal Legend Lawsuit

@Shinta: Why would they need a PC version for that? They can do it on the 360...

Tim Schafer fights like a cow.

(;

@Assault: Which is weird because I hate everything Activision has ever made, yet EA's stuff keeps getting better.

godmodeON

@Amsterdaam: Hard to Kill: He moves pretty well for a guy his size.

TheBrainNinja

God damn it now I'm going to buy two copies of this game.

@Cheevocabra: By abandonment, i think they meant divorce, not running away and hiding. I think the analogy stands.

:golf clap: Bravo Mr. Schafer, bravo.

Gray665

@Ducktape is bored =(: If the well made games dont sell well then no one has incentive to make them. Then we all fail. How about that?

TheOriginalEd

@TheOddOneDies: Eh, Iet's NOT start another platform war, I mean...

TheOddOneDies

@Celestial Panda: Aw c'mon... that is not the point here. Let's start another platform war, ok?

TheOddOneDies

After hearing Iced Earth in one of the latest trailers, I'm absolutely convinced this game will be amazing.

Here's hoping EA's lawyers can get Activision to GTFO and the game gets released without more delays.

CyN1caL

@OMG! Kestrel!: And Activision believes that you fight like a dairy farmer, so it's all okay :)

@TheOddOneDies: No interest in the game, lest along a PC version. But to be fair, what the guys above me are saying is true. Piracy is way out of hand on the PC.

@asTer0id:

Yeah, it's nice to see the game getting this much buzz. And Activision are feeling bad, acting like babies.

Hasn't it already been said that Activision is the new EA?

Assault

@Dynosaulo: What a great reasoning for not signing it. Is it because you have no interest in a PC-version or is it because you are too lazy?

TheOddOneDies

@Jolan: Hey! I liked Boston Legal. As far as I'm concerned that IS reality.

Because Activision are soulless assholes and Tim is a good guy who has always made great original & funny games.

Jellocakes

why is everyone lining up to lick this guys balls?

webkatt

@zardoz555: Becoming? Already are and have been for some time now. EA did horrible things in the past, and I'm so glad to see John Ricitello doing the company justice. Activision has been just as money hungry, but weren't as noticeable against the former EA shenanigans. Ever since Bobby Kotick took control back in '92 they've been on the fast track to trying to swindle customers.

Unfortunately it's gotten worse since the Vivendi acquisition. Just waiting to see Ghostbuster's sell well and then Activision wanting a cut of that too.

Jennacide

@QualityJeverage: As did I! Totally worth it.

Pyroglobe

@MrBionic:

OMG, that was hillarious!

Mr. Schafer cause of that response im getting your game day one!

SuprShin

I want fuckin Activision to win, because Tim Fuckin Shafer forget abaut the PC version of the game. The PC made him famous and now how is he now returning the favour- no PC version. So FUCK you Shafer.
About this thing: "the potential to be exploited every year on every platform."
Activision are totally lost if this is their politic. Yes the COD/GH thing work for now but in 2-3 new versions of the games the people will be pissed and will stop buying the games.

BULArmy

@Alpha_Omega: Marketing is not Making good games

MonsterKingRen

Yeah yeah yeah... in this post everyone is calling for Activision's head but the "brutal" truth (no pun intended) is that most of you will still go buy Modern Warfare 2 later this year (with a few Guitar Heroes) and you'll go randomly bad mouth EA in a post several hours later (even if it was EA that took a chance on Brutal Legend in the first place).

Gamers are some of the most hypocritical people on this planet.

BobTable4Four

Tim Schafer's brother, Marty Schafer, teaches at my high school. He teaches biology and plays the accordion. When he told me who his brother was I nearly shit my pants. Never made the connection myself.

kalcoslinder

Just an idea, any one with Twitter we need to trend topic #ISupportTimSchafer to show these goons not to mess with the man!

Lestricon

@grampaspanky: I think this is an interesting counterpoint to what happened with Psychonauts. Just look at the difference a publisher makes. Imagine if Psychonauts had been picked up by a major publisher like, but not necessarily, EA with their experienced marketing staff and capitol to spend.

Granted, Psychonauts is a much different game from BL but they do have some things in common; A visionary director who will fight for his product, and top notch production values from a highly creative staff.

Imagine Warcraft or Diablo being hurriedly wrapped up and kicked out the door and how different the gaming world would be. Or closer to home look at what happened to Lucas Arts when they started producing "safe" Star Wars games over their more innovative content.

Activision chose to play it safe, with their shop worn properties, and now has reverse buyers remorse. I believe they knew what potential they had on their hands buy their reluctance to relinquish BL as fast as their other properties. Unlike Ghostbusters, they weren't dealing with 2 juggernauts with claims to the rights so they thought time was on their side.

Many of the Disney films didn't make their money back on their initial run...

Lestricon

@Amsterdaam: Hard to Kill: Exhibit B: Disgusting video.

@Amsterdaam: Hard to Kill: That guy puts the tard in unitard. No, not really. I just figured I'd never get another chance to say that again.

haha my friend and I were talking about this the other day.. how activision must feel incredibly stupid for letting this and ghostbusters go because they couldnt milk it every year.

Im glad they missing out on some incredible looking games because of their greed.

neoxbomb

I'm on Tim Schafer's side %100.

HALO-32

@TheOddOneDies: "I think a petition with several thousands of potential new customers might at least help to push things a bit."

Sure, IF they really were all (or mostly) potential customers, and IF EA actually saw it, then it might work.
But if there are 1000 signatures, I bet that more than 500 of those are of people that just want to download the game via bittorrent. I'd say around 700~800, but it would just be wild guessing... so i'll stick with 500.

@Amsterdaam: Hard to Kill: I think I'm going to be sick....

QuackerJacks

@SabinDeus: Nice fail at humor...

DrunkenNinja12

now that the game will make money, Activision wants a cut.

Very sad Activision.

@PeteyCoco: Its there to help soak up some of the pure awesome he emits, otherwise the world would surely perish

@Svenjers: Schafer is totally a mans man. I'd love to be where the arguements at, hearing all those glorious one liners

"EVERY ONE KNOWS NOT TO GET INTO A LAND WAR IN ASIA!!.... BUT ONLY SLIGHTLY LESS KNOWN IS NEVER GET INTO A BATTLE OF WITS WITH A SICILIAN WHEN DEATH IS ON THE LINE!"

Brendan FitzPatrick

@Alpha_Omega:
Nah, I prefer my definition.

A game which would be absolutely magnificent but that wouldn't sell well wouldn't be a failure. The game ITSELF is great, so how is it failing?

What fails is people not buying the said game.

@Swatman:
Yeah, that makes more sense.

@PlasmaGlory: Ahh Zoolander.

tdreher

Tim Schafer points++

This post, plus the screenshot, plus the fact that it's the part in the trailer where they play Electric Eye.

This may be my favorite kotaku post of all time.

@Amsterdaam: Hard to Kill: OMG, how do I unsee what I just saw!?!?!?

Oh how I love Tim's sense of humor.

Stormgazer

Well of course it won't be settled with wit. Tim Schaefer would always win in insult swordfighting!

@Nudgenudge:

Oh that would be gold, though the first time I would be embarrased, by the tenth I would even wear a smoking when playing the game.

WDYC

@MrBionic: aww hell. What happened to my html?

Here's the link sans my idiocy:

+ Watch video

@Ducktape is bored =(:

Your definition of fail is wrong then.
People don't design games as art pieces. They design games as art pieces that SELL. If a game doesn't sell well, than no matter what kind of artistic achievement it was, it is still as failure, because it didn't bring good enough revenue. The gaming industry it not art school; it's serious business.

Alpha_Omega

@TaggarT6 coming soon to a theater near you!: YYYYEEEAAAHHHHHH... SCHAFER BABIES EVVVERRRRYYYWHHHHEEERRRREEE!!!!

(for reference:

@Nudgenudge: That would be trite.

Pray for summary judgment. If it gets that far.

jollydwarf

@Mromson: That was exactly what I was thinking.

@asTer0id:

They should all just pick up their blades and let the Insult Swordfighting begin!

Screw this legal mambo-jumbo.

@murderface_: Low self esteem?

superfrogsavestokyo

Too bad Activision just wasn't crazy in love with the game. I can see them coming and saying "Listen Baby Boy, this game is great and all but I have to look out for Me, Myself, and I. I know, Mr. Schafer, this may seem like deja vu and all and you may think you're irreplaceable but it's not like your Bungie with Halo. Your stuff is in those boxes to the left."

Such beautiful liars...

*grunt* Money money money! *grunt snort* Money money! MOOOOONEY!

Toribor

@curly haired boy:
[kotaku.com]
under the tag corporate gloating. I think Luke started it by using a picture for each of the big 3 and just using the title
(Company) Responds To (month) NPD Sales, Seems Pleased

As much as I hate EA's in-house games and attitude, EA as a game publisher rocks.

Shin-san

@Ducktape is bored =(:

im not saying his games fail, but every game he releases fails in terms of sales and attention getting.

Swatman

@Dear_God: also you know, Grim Fandango

@Amsterdaam: Hard to Kill: I, uhh. Huh.

Well then.

@Amsterdaam: Hard to Kill: Pretty sure that nobody posted that for a damn good reason...

Kyoya

For this response, I will buy 2 copies... one for posterity which I WILL put a ring on.

Tim Schafer FTW!

casmith07

I'm never buying another Activision game as long as I live if this goes through.

@anim8rjb: Well, they rarely do but there are some examples for when they did. Like Bioshock's Special Edition. I think a petition with several thousands of potential new customers might at least help to push things a bit.

I did not create that petition, btw.. I know of it because Kotaku posted an article about two weeks ago, I think.

TheOddOneDies

@John_Norad: oh we are so throwing you a shower!

@Kobun: No, the game doesn't necessarily belong to Activision if the project is shelved. It really depends on the terms of the contract. I have worked on games that were shelved and often the studio retained ability to shop the game to other publishers. This is obviously what happened to Ghostbusters (similarly affected by the Vivendi/Activision merger) and with Psychonauts (Microsoft pulled the plug and Double Fine shopped it to Majesco).

The fact is that no one outside of Activision, Double Fine and EA know if the project was officially cancelled by Activision and if so, if the rights to Brutal Legend reverted to Double Fine. That is the crux of the issue. Personally, I find it extremely hard to believe that EA's sizable legal team missed the fact that Activision still had any claim to Brutal Legend before signing the deal to publish it.

I guess we're just have to wait to see if any other information is released.

grampaspanky

i personally am not too interested in this game, but i definitely see its appeal, i totally appreciate schaffer's response, and i am completely siding with him on this one.

Activision, you can't let go of a title, and then get pissed when someone else takes it and backs it up. You screwed up, you let it go, it's your fault, deal with it. It's so frustrating to see companies have all these stupid slap battles that end up hurting the product they are claiming to be defending.

Their job should be to ensure that the best possible games are being released. period. if you're not the company releasing it, learn from it and make something better. don't file a pointless lawsuit simply to derail its launch. This isn't the seventh grade science fair. this is an industry. be COMPETITIVE, not comPETTYtive. yes that was SUPER cheesey, but it still makes more sense than Activistion's suit.

Also, how is activision finding time to do this? arent they busy bleeding dry a certain, once proud guitar game?

Acornactivist

@Svenjers:

+ Watch video

Because no one has posted it yet

Tim Schafer just seems like the dude everyone wants to get a drink with. And Activision seems unsurprisingly petty with this move. Like they don't make enough with the bastardized Guitar Hero franchise or the attachment to Blizzard's hip.

@Shinta: I am not a pirate but I want Brütal Legend to play.

TheOddOneDies

BEST. RESPONSE. EVER.

I apologize for my lack of civility, but fuck you, Activision. Fuck you.

ahh snap sick comeback

@FlagshipFighter: That's a new one... Another way to say what I mean is "WTF?"

@Sullyville: No, no, no, they should get SARS, AIDS, Avian Flu, and H1N1... Plus a nanite infection.

Activision fight's like a cow!

Activision is just pissed because Brutal Legend is getting hype because EA is proactively advertising it.

@Maverickly: +1000000000000000000000000000000000000000000000000000000000000000

Well done.

Fuck Activision.
I CURSE you, Activision!
I hope whoever's idea this was
to sue gets cystic fibrosis.

Sullyville

@Jolan:"If the glove doesn't fit, you must acquit!"

zardoz555

@DarkStarSpace: Even EA had a snappy response:

(It's like) "a husband abandoning his family and then suing after his wife meets a better looking guy."

Ah, Schafer....

sascha23

Looks like Activision is learning from Fox.
Making me hate both of them equally.

SagiMewtwo

Man, seriously douchey move by Activision. Drop the project, and then sue when it moves to another publisher?

jedbeetle

Well, alright they may not have been all successful, but to say that everything he touches fails is kind of harsh.

His games are great and were well received by critics, even if they didn't sell all that well.
That's not my definition of fail.

I want to sue Tim every month just to see what witty retort he'll come up with.

I'd probably go Bankrupt, but it'll be worth it.

@TheOddOneDies: Please sign this petition to make sure pirates have something new to play. Don't even claim it's not true.

Shinta

you know what fuck activision... this is low low and Tim Schafer is right if they wanted the game they should have gotten it off the start.

M-m-m-m-m-m-monster comeback.

"Hey, if Activision liked it, then they should have put a ring on it,"

Priceless, best response ever!

If law was settled by wit, Tim Schafer wouldn't be a game designer, he'd be the most successful and rich lawyer in the world.

Cerabret100

@ShaSt One: This doesn't really have anything to do with... well much of anything, but even if a husband abandons his family, his wife is STILL technically married to him, so if she's trying to remarry then yeah, there are some legal issues there.

...I just don't think it was a very good analogy.

Do not cross foils with the Insult Sword Fighting master. You will not win.

sephfire

@D Mitsuki : Gotta have guts kid!: we NEED a Ace Attorney with the Natal Project. I want to point fingers and yell, damnit.

Nudgenudge

@DarkStarSpace: Martial arts good. Prime Minister of Malaysia bad.

@ShaSt One:

Yeah, you're right. Thanks Shast! Either way, the point stands.

Cole Marentette

@DarkStarSpace: Everyone do the "Double Fiiiiiiine!!!"

Dear Tim,
we love you for things like this.
Regards,
the gamers.

Nudgenudge

15 million spend and no game? wow, thats a bargin compared to 3D Realms, huh? :)

Noodle-Works

Activision are such douchebags, filthy money grabbing scheme :/

Sverrir Sigfússon

@Ducktape is bored =(: I'll agree with the awesome, but successful depends on your definition.

Spenze

@Ducktape is bored =(: I think he just means that he keeps getting screwed over. Microsoft was originally gonna publish Psychonauts, but then they dropped it. Then Majesco picked it up, but failed to advertise it at all (instead advertising the hell out of advent rising, and look what happened there), and it barely sold. Now this. Guy can't catch a break.

fencermusashi

I laughed. Very nice!

@Maverickly: Take that!

@[kotaku.com]

Go Tim, GO

Stick it to the man !

Chris Taylor

if this happened to David Jaffe it would be a different "****in" story.

@curly haired boy: I'm pretty sure it's just commentary on how each of the three manufacturers always spin the numbers to sound good for them.

Cloral

@DarkStarSpace: Activision is becoming what EA was 5 years ago, a money first, creativity second company. Churn out the same thing year after year, changing little and innovating less.

I'm surprised they haven't filed a lawsuit over Ghostbusters too because of the plans for a third movie coming into place since they jettisoned the game.

zardoz555

@Swatman:
What the fuck are you talking about?
Since when does everything he touches fails? Quite the opposite really...

Monkey Island, Grim Fandango, Full Throttle, Psychonauts... All awesome and successful games. They won many awards too.

@Maverickly: That last poster twitched his ring finger before he posted!

GOTCHA!

@Kobun: I believe the issue is if Activision still has any rights to the game since even though they negotiated with Double Fine to keep the game on track while they were still publishing the game they failed to reach a agreement. Later Activision dropped the game leaving it in limbo and since all the game needed was a publisher it was offered to EA. Once EA said they were going to publish the game everything went back on track for release with nothing being heard from Activision. Now that the game has a solid release date and looks promising Activision wants a piece of the pie that they gave up. So in reality when they said that they were no longer publishing the game did they give up the rights to any money they spent on it or was Double Fine in breach of contract when they missed a key date. If I were a judge I would say that its to late for Activision since they should of done something when Double Fine went looking another publisher. There is also the question of who owns the IP although I hope its Double fine so that Activision can't do anything to the game.

@Svenjers: Far better than the usual "We don't comment on pending litigation."

Cloral

well microsoft and bungie should sue beyonce for copyright infringement for her new single lol.

JJBro1

Screw Activision. They didn't know gold when they saw it, and they missed out.

jcous

@PsycheE:

I would be pissed too, if that was what happened. But, in point of fact, it wasn't. What happened is this.

1:Activision merged with Vivendi Universal.
2:Activision picked through the various games that Vivendi was going to publish and took the ones it wanted (Crash, Spyro, Prototype), and gave the rest their walking papers (Brutal Legend, Ghostbusters, all of Sierra's stuff).
3:The games that were all but finished (Brutal Legend, Ghostbusters) found new publishers (EA for BL, Atari for GB) and are now well on their way to making us happy gamers.

The question has to be asked. If Activision is SO ANGRY about Brutal Legend, where's the hate for Ghostbusters, a game that was about ready to go gold and had a final release date when this whole thing went down? Atari had basically nothing to do with that other than choosing to publish the damn thing. There has been substantial work on BL in the intervening time, but all the Ghostbusters stuff, according to the developers, has been polish.

I forget which blog it was on (Kotaku or Joystiq), but they said it best. This is a case of a guy leaving his wife and kids, then getting mad when she ends up with someone who is smarter, richer, and more caring. Activision has no grounds to sue over a project they willingly terminated support for.

Cole Marentette

@murderface_: As the Dead Milkmen might say, it's because they have dollar signs in their eyes.

@Goldwings: Knows the reason for his avatar pic.: i always wondered if that was a meme or not, and if so, where it originated. anyone care to enlighten me?

curly haired boy

Simply put...SCHAFER FTW!!!!!!

The world would be a better place and Tim Schafer would be untouchable.

@TheOddOneDies: These online petitions always work!

anim8rjb

All of Activision looked up at Tim Schaffer and said "Lawsuit!" and he looked down on them and said "No."

@Greendomo: haha *there actually is a three-headed monkey behind Tim*

PeteyCoco

@dafthero:

I wonder if it has merit, if Activision broke contractual obligations then its all good

SaanZ

wellp, im super buying this game now. tim's roxX0rZ

pandafresh

@Kiri Komori: Hold it!

Via: Twitter

by the way if anyone was wondering.

Van_Occupanther

@John_Norad: Shafer babies for everyone!

@Jolan: Objection!

Kiri Komori

@ryangreen02: Exhibit A: cool quote posted on Kotaku

Kiri Komori

@TheOddOneDies: The only accomplishment making a petition has done is result in ridicule and laughter. No matter how noble the cause.

@asTer0id: Exactly. I was hoping Brutal Legend would have a good showing at E3 just so it could be rubbed in Activision's face. Little did I know that because of its awesome showing they would end up suing Double Fine.

F*** you Activision. Just go f*** yourself.

Craptivision must be sweatin' it's fall releases.

I think this lawsuit is code for "DJ Hero is going to suck, bigtime"

PontiusPirate

And this is why I actually paid for a signed copy of Psychonauts from Double Fine's store. The man is made of victory.

QualityJeverage

I like Schafer and all, and it stinks that the game may be delayed or worse, but business is business. If Activision sunk $15 million into a product, it still belongs to the company whether it goes forward or gets shelved. Unless Activision explicitly gave up all rights and ownership of all assets created during the time Activision funded it, then the game still belongs to the company.

I'm seeing this as an issue with Schafer himself as Double Fine seems to have difficulty releasing games on budget and meeting deadlines. Psychonauts put a huge dent in Majesco's operations, and it would appear Brutal Legend was doing the same for Activision as well. I can only assume the company pulled the plug to stop the bleeding. Lots of companies shelve projects, and while it'd be a loss for fans of Schafer's output, from what I understand of the situation, that wasn't his call to make in going ahead with the game.

So how does the clause work when a publisher drops serious coin in a development studio and ends up disowning it?. Do the development have some obligations to make some effort to recoup the money back to the publishers?. Did Activision sell the rights to EA?.

I would pissed as hell too if I dumped 20 some odd million dollars, didn't see the release date and decided to stop supporting it. So is it more of a riskreward factor?. I am pretty sure Schafer used that good chunk of change to pretty much finish the game, EA swooped in and just put their spoon on the table.

PsycheE

*sniff sniff* Does anyone smell... Watchmen?

What a bunch of butthurt people. And we wonder why not enough original ip games come out...

To hell with 'em, Schafer! Damn the man, save the empire!

RagingBull

If that response is allowed in court, he will definitely win!

Official Activision Response: Oh yeah? Um...Look a three-headed monkey!

Greendomo

@Goldwings: Knows the reason for his avatar pic.:
"Tim Schafer gets sued by Activision, seems pleased"

Tim Schafer = Epic win. Nicely done, sir.

@TaggarT6 coming soon to a theater near you!: Someday, somehow, I'll have him inseminate my girlfriend.

And then I'll have my own Shafer.

all the single game studios
(all the single game studios)

SabinDeus

@TheOddOneDies: lol not one petition on that site has done anything, the only thing it accomplishes is wasting the time of people that sign it

@Svenjers: And that's why we love the guy.

That is a hilarious comeback. Mr. Schafer is tuned into pop culture.

PsycheE

@Svenjers: When the judge sees that quote, it is all over for Activision

@Svenjers: That guys fucking awesome. And I was wondering why people like him. I guess this shows why.

Dear_God

Might be a bit off after this bullshit from Activision but still:

Please sign this petition, if you want Brütal Legend to be released on PC!

[www.petitiononline.com]

Currently there are 1002 people who have already signed.

TheOddOneDies

@Goldwings: Knows the reason for his avatar pic.: You know this post reminded me of those NDP number posts where the answer is always: "seems pleased" XD

lol I'm calling Beyoncé agent.
Give them hell Tim!

I din say anything about a lawshuid!

[img193.imageshack.us]

Why is Activision trying as hard as they can to make me hate them?

murderface_

@innuendo: Oh and if you don't respect Schafer after this move you have no soul.

innuendo

Poor Tim... :(

Make another Grim Fandango and everything will be OK.

I will have your kids Tim...Just you wait and see.

innuendo

I love you Tim, you glorious son of a bitch!

Tim Schafer is like one of those witch doctors. anything he touches seems to burn and fail.

he never gets the credit he deserves

Swatman

Hahahaha...oh do I love that man.

wit and intelligence in the American legal system? that'll be the day...

sour grapes? now that the game is getting so much hype and looking so good, Activision wants in again.

asTer0id

@Svenjers: seconded. lawsuits in today's age are just ridiculous and he knows it.

Tim Schafer good. Activision bad

DarkStarSpace

Oh Tim Schafer, you're almost too cool.

So you mean to tell me that the possibility of the other studios, publishers, developers having to renegotiate and pay for the rights to release the titles that Vivendi/Activision ultimately passed on escaped everyone's attention and thoughts?

Thank god none of you employ me or have anything to do with my creative licenses...christ!

And right like EA's legal team haven't blown it before...remember the brass knuckles?

And its not like there haven't been legal disputes over rights before, its not like there haven't been rogue studios that decide to physically break ties and not correctly understand their terms and conditions.

Rapid fanboys commenting on business models they don't understand, what a great representation of an informed gamer.

Shanks

Lawl. Have fun suing them, Activision. But Tim Schafer is badass, a badass the likes of which cannot be competed with.

EllaNutella

Tim Schafer is bad ass.

Teecee

@Svenjers: true, schäfer went through a lot already, that wont bring him down either. brutal legend will be awesome :)