Tue, Jan 22, 2013 | 18:35 GMT

South Park Studios files motion to halt THQ’s auction of The Stick of Truth publishing rights

South Park Studios has filed a motion to halt THQ’s auction of publishing rights to South Park: The Stick of Truth in development with Obsidian.

According to a filing with the US Bankruptcy Court in Delaware dug up by NeoGAF, South Park Studios have submitted an objection to THQ’s sale.

The studio’s filing states THQ doesn’t have the authority to auction off publishing rights for The Stick of Truth, as it should be allowed to buy back the game rights themselves before seeking a new publisher.

South Park Studios cites the contract it signed with THQ in 2011, in which the studio is allowed to take over “all elements of the game and related products” at the cost of THQ should the publisher be found in breach of contract.

The studio also cited section 365(c)(1) of the US Bankruptcy Code, claiming that THQ can’t sell the rights to another publisher.

THQ filed a response, stating it has the rights to auction the publishing rights off if it pleases, citing a clause in the contract which has been “redacted from the public documentation,” according to Gamespot.

The firm’s legal team said it would “work toward a consensual resolution of the Objection prior to the Sale Hearing,” which started in about 30 minutes as of press time.

11 comments

#1

SplatteredHouse
22/01/13, 7:08 pm

They intend to sell the South Park game? If they’re unable to, that may affect heavily how things pan out from the auction, for THQ.

#2

Clupula
22/01/13, 7:09 pm

I had actually been wondering what was going to happen with this game. Now I know and it looks like it’ll get ugly.

#3

SameeR_Fisher
22/01/13, 7:26 pm

WOW things are starting to get UGLY.

#4

Dimaco
22/01/13, 8:00 pm

Man, I was so hyped for this game… Is there any chance this is not actually going to waste???

#5

NeoSquall
22/01/13, 8:44 pm

I wonder if THQ intends to jerk out Warhammer 40K publishing rights from Games Workshop.
If they really intend to do it, I hope GW destroys them in the courtroom.

#6

Yoshi
22/01/13, 8:56 pm

@4 Well it only needs to find itself another publisher thankfully. I can’t believe THQ are chatting shit even though it’s right there in the contract XD

#7

DSB
22/01/13, 9:02 pm

@6 That’s what I’m pondering, because obviously the terms would be THQ’s.

Isn’t it pretty much a given that a new owner would want to renegotiate? You know that the legal department of any major publisher would be dying to rub their dicks on that deal.

Obviously, there’s no reason why this game couldn’t be brought to market, but if South Park are offered terms that aren’t acceptable in a potential renegotiation, I think they’d rather kill it.

That’s the worst case scenario. I’d like to see a lawyers take on that.

#8

povu
22/01/13, 10:12 pm

THQ must be getting good money for this if they’re willing to auction it off. This game has a lot of sale potential.

#9

The_Red
23/01/13, 4:15 pm

Please! For the love of Mr Hankey, don’t ruin this game. This could be it. The one game based on a popular cartoon show that can be as awesome as the source material.

#10

Samoan Spider
23/01/13, 4:28 pm

This was the one off-the-wall game I planned on preordering so I’m keeping everything crossed. But so many excellent looking games have gone to the wall as a result of poo-flinging like this so I’m not going to have crazy expectations.

#11

DSB
23/01/13, 4:30 pm

You’ve seen the rumors that Ubisoft are going hard for the rights to this, right?

I mean they already publicly stated that they were going to bid, but yeah…

It’s nightmare time :D

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