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Old 05-12-2010, 10:01 AM   #104
KO Gilligan

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Re: Theory of the D-day
Originally Posted by Kristian Joensen View Post
So you are you saying that 3DR are betting on Take Two breaking whatever contractual provision they have implementing the following principle?


I really do hope that 3DR wins. If Take Two ends up winning their lawsuit when all is said and done then nobody can rely on contracts again in the US. Contract language that says "up" can be intepreted by the courts to say "down". This lawsuit is much bigger than 3DR, Take Two or DNF.
It seems unlikely that they could both keep their commitment to publish, and have any kind of court claim going about the game.

Add to that the little exclusion that allows 3DRealms to distribute.

If this is some kind of landmark case regarding game publishing, the least that will come out of it is standardized language regarding those rights. Since Case law is book law, developers and publishers have only to keep going back to previous rulings to develop their contracts.
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