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Originally Posted by KO Gilligan
What if it would be strategically advantagous to actually have a completed game to negotiate over in court? We already know the publishing rights have some kind of allowable in-house distribution.
I'd find it really funny if this turns back on T2, who claims 3D violated some kind of timeline, by having George - with disk in hand - actually telling T2, and the world, that the game is ready to ship if it not for the legal problems and formalities. I believe they could even begin sme form of digital distribution if it not for the fact that T2 would be screaming they deserve their cut on ANY distribution. It could be unbound from the court's decision on Retail Store and 3rd party distribution, essentially giving an official green light to start selling it to us - damned with T2.
If I was a gambling man, I'd say the court would also have to rule against any kind of claim about T2 having a binding timeline commitment, leaving nothing but the bickering over the responsibility of legal fees - which would certainly weigh against T2 for looking like a bully about their rights to the game.
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So you are you saying that 3DR are betting on Take Two breaking whatever contractual provision they have implementing the following principle?
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[7] If the publisher fails to publish your game... ... then you should get all rights back, allowing you to pursue other avenues. For example, if you deliver a completed game to the publisher, the publisher should be expected to release that game within two months, otherwise the full rights of that game return to you (and you should keep all of that publishers advance money, too), allowing you to take it elsewhere.
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(Source:
http://archives.igda.org/articles/sm...mmandments.php)
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.