Activision, Double Fine's countersuit claims, aims to "not only to cancel 'Brutal Legend,' but to kill it completely so that 'Guitar Hero' would not have to face the competition." The whole mess began when Activision apparently passed on Brutal Legend, leading Double Fine to sign with publisher Electronic Arts. Activision now claims it never relinquished its rights to the game, and says it would be "seriously harmed" by its release.

Double Fine filed its countersuit last week. A hearing on the matter is schedule to take place on July 30, roughly two and a half months prior to Brutal Legend's release date of October 13.