A Los Angeles judge has postponed his decision on whether Activision will be able to block the release of Double Fine's upcoming
Brutal Legend, but indicated in a tentative ruling that he expects Double Fine and publisher Electronic Arts to prevail.
Activision is attempting to prevent the game's release, claiming it still owns the publishing rights after inheriting them from former publisher Vivendi Games. Double Fine claims Activision relinquished those rights, after which it signed with EA.
"I can't say there's a likelihood of success here," Judge Craig Karlan told Activision's lawyers, according to
an Associated Press report.
The game is currently scheduled to be complete and delivered to EA for publication by August 8. Karlan plans to hear arguments and deliver his final judgment on August 6.
Earlier this month, Double Fine responded to Activision's legal moves with its own countersuit, alleging Activision was attempting to block the music-themed action game in order to protect the promotion of its own
Guitar Hero series.
