Activision has been claiming for quite some time, that they never relinquished the rights to Brutal Legend, (even though they cancelled its production) and were cheated out of potential gains because Double Fine found a new publisher in Electronic Arts. The hearing over the game's release was set for July 30th, but has now been pushed back a week to August 6th.

The presiding judge, Craig Karlan told the Associated Press, that in terms of Activision winning its argument:

"I can't say there's a likelihood of success here," said Karlan, who then later admitted: "This is going to be a close call."

Apparently his tentative ruling was to deny Activision's request of a delay, which is some good news for gamers, but perhaps not for Activision.

If all goes well (for gamers), the game will still meet its "Rocktober 13th" release. If all goes well (for Activision), we may be waiting a brutally long time until we get our hands on Brutal Legend.