As THQ prepares to auction off its IP today at 14:00 Eastern Time, South Park Digital Studios is attempting to block the sale of upcoming Obsidian-developed RPG South Park: The Stick of Truth, which is currently scheduled for release on March 5.
In a filing at the United States Bankruptcy Court in Delaware, spotted on NeoGAF, the South Park owners have submitted their objection to THQ’s proposed sale today. THQ, on the other hand, claims it has every right to auction off the title.
The gist of the original eight-page legal document (and THQ’s seven-page rebuttal) is that South Park Digital Studios believes that THQ doesn’t have the right to auction off publishing rights for The Stick of Truth, and that it should be allowed to buy back the rights to the game and shop them about for a publisher independently of THQ.
South Park Digital Studios argues that its original contract with THQ, which was signed in June 2011, allows it to acquire “all elements of the game and related products” at THQ’s cost in the event of the downtrodden publisher breaching the contract.
South Park Studios claims that, under section 365(c)(1) of the Bankruptcy Code, THQ can’t sell the rights to The Stick of Truth to another publisher.
THQ, on the other hand, disagrees, and cites a specific clause in its original contract that has been redacted from the public documentation.
What this means for the future of South Park: The Stick of Truth is unclear. However, THQ’s legal team says it “will continue to work toward a consensual resolution of the Objection prior to the Sale Hearing.”
For more information on South Park: The Stick of Truth, check out GameSpot’s previous coverage.
