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Post by Dan @ 10:44am 23/01/13 | 10 Comments
With THQ's bankruptcy asset sale now set to proceed with a piecemeal auction of the publisher's various studios, franchises and publishing contracts, third party companies invested in games that are currently in development under THQ are understandably nervous.

In the case of South Park Digital Studios, the rights holders of South Park, they've filed a legal challenge asserting that the terms of their deal with THQ prevents such a sale, claiming that they should instead be able to purchase the work done so far on the RPG South Park: The Stick of Truth, presumably to ensure that it is transferred to the right hands for its most prosperous chance at completion (via Polygon):
South Park Digital Studios objects to the proposed sale, stating in the document that "applicable law excuses Licensor from accepting performance from or rendering performance to a party other than THQ." Furthermore, even if the acquisition were possible, THQ has "not provided adequate assurance of future performance of the Deal Memo in the hands of a prospective purchaser." The sale would require South Park Digital Studios' consent because the elements being sold are owned and licensed by the studio.

According to the objection, the Deal Memo affords South Park Digital Studios "the option to acquire from THQ all elements of the South Park game and related products in the event of THQ's breach, provided that Licensor pays to THQ the actual costs incurred and paid by THQ."
In development at Obsidian Entertainment, South Park: The Stick of Truth was slated for release on PC, Xbox 360 and PlayStation 3 in THQ's 2014 fiscal year, which commences in April.



south park the stick of truthobsidianthq





Latest Comments
arkter
Posted 10:49am 23/1/13
what a mess
scuzzy
Posted 10:49am 23/1/13
That is a smart agreement
Raven
Posted 10:51am 23/1/13
That is a smart agreement

That is a smart assessment.
Khel
Posted 11:17am 23/1/13
This is the sort of thing I was wondering about with Dawn of War as well, I can't see how the license to make/publish Warhammer 40k games can just be passed to someone else without Games Workshop having a say in it.
Dan
Posted 11:24am 23/1/13
It would all depend on the wording of the deal. Would thank that 4A games with the Metro rights would be in a similar concerned position at the moment, worried that another publisher could just snap up the publishing rights and half-ass the release just to make a quick buck.

What the South Park guys are doing seems prudent, they would only want the absolute best for the game being created with their license. So unless the process only succeeds in wrapping it up in legal limbo for ages, then it can surely only be a good thing for the future of the game, given the circumstances.
eski
Posted 12:08pm 23/1/13
Its a bit absurd to think that THQ should be able to sell the South Park IP as they were only contracted for publishing and distribution. Obsidian's development team is being funded by Viacom, who presumably hold all the contracts for the IP and the game itself.

Right now it's probably in Viacom, Obsidian and the Stick of Truth's best interests to find another publisher ASAP, so anything THQ does to slow that process down is somewhat of a d*** move and contrary to what they said a few weeks back about trying to get the best deal for the studios.
carson
Posted 01:46pm 23/1/13
AFAIK only licenses that THQ owns can be sold off. Things like Metro, Warhammer, South Park are licensed to them to publish, not that they own.

Isn't today D-Day for finding out who got what studio/IP? I'm scared EA got someone.
Khel
Posted 02:50pm 23/1/13
I don't mind EA, apart from origin, which isn't really as bad as was expected, they don't do too much wrong. Much prefer EA get the studios rather than Activision.
arkter
Posted 02:57pm 23/1/13
Call of Duty: Warhammer 40k
Call of Duty: South Park
carson
Posted 05:27pm 23/1/13
Given that Microtransactions are going to be a part of Dead Space 3, I have good reason to worry about anything EA want to do with any IPs
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