http://www.gameslaw.net/2009/06/04/double-fine-double-dipping/ In-depth legal analysis and news for video games and virtual worlds Tue, 31 Aug 2010 18:59:59 -0600 http://wordpress.org/?v=2.8.4 hourly 1 http://www.gameslaw.net/2009/06/04/double-fine-double-dipping/comment-page-1/#comment-715 Mona Fri, 05 Jun 2009 04:48:35 +0000 http://www.gameslaw.net/?p=611#comment-715 The question isn't really whether they decided to move forward at this time with the project-- it's whether contractually Double Fine had the authority to license exclusive publishing rights to EA when Activision still had the project "on the shelf," i.e. neither party claimed (or could claim) material breach. If the publishing contract was still in effect as to that title then Activision is entirely within its right to sue. Simply "dropping" a project doesn't automatically mean those rights revert back to the developer-- if anything, there's a good possibility that a transfer of publishing rights to Activision could survive breach indefinitely (if there's nothing akin to a sunset provision). That's what a survival provision is for, after all. The question isn’t really whether they decided to move forward at this time with the project– it’s whether contractually Double Fine had the authority to license exclusive publishing rights to EA when Activision still had the project “on the shelf,” i.e. neither party claimed (or could claim) material breach. If the publishing contract was still in effect as to that title then Activision is entirely within its right to sue. Simply “dropping” a project doesn’t automatically mean those rights revert back to the developer– if anything, there’s a good possibility that a transfer of publishing rights to Activision could survive breach indefinitely (if there’s nothing akin to a sunset provision). That’s what a survival provision is for, after all.

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