South Park Studios has filed an objection to the inclusion of their title South Park: The Stick of Truth in the forthcoming THQ auction.
According to the claim:
“Debtors cannot assume or assign the Deal Memo without Licensor’s consent because, as set forth below, applicable law excuses Licensor from accepting performance from or rendering performance to a party other than THQ. Finally, Licensor reserves the right to exercise its option to acquire from THQ all elements of the game and related products for THQ’s actual costs, and objects to the sale or transfer of any such elements.”
The studio is seeking $2,275,000 from courts in “monetary defaults.”
THQ responded, saying that their licence with South Park Studios is exclusive which allows them to go through with the auction.
“An exclusive license is included within the definition of a ‘Transfer of Copyright Ownership’ under the Act, granting property rights to the holder of an exclusive license. The act further bestows upon the holder of an exclusive right 'all of the protections and remedies accorded to a copyright owner by the title.' Consequently, exclusive licenses may be assigned without the licensor's consent.”
South Park: The Stick of Truth was originally slated for a Mar. 5, 2013 release, but will undoubtedly see a delay.
The THQ auction was scheduled to commence at 3 p.m. Eastern Time today.