SKILL_SHOT
Banned
- Jul 11, 2012
- 3,659
- 1
maybe they meant AUGUST 2014
Fs never said august. It was just fan speculation
FS had over a year to find a solution for the xbox problem.
I am really enjoying TPA on the iPad but the 360 version would be even better.
They couldn't "find" a solution. the had to wait for the bankruptcy court to act. For whatever reason they were led to believe for months that the court was going to release them from their contact. Then they were told Crave was going to reorganize and return to business. Then MS dropped Crave as an approved publisher putting the brakes on that plan. Now they're in a weird situation where they have a contract with Crave that can't be fulfilled and they'll have to figure of what they can do legally. I think they should have gone the breech of contact route months ago but maybe their lawyer is telling them not to for some reason.
Solution is quite simple.
1. Break the law and get sued into oblivion
2.
3. Profit
It would be a breach of contract, not of law. The thing is, the Crave contract with Farsight is an "asset".
When you're in bankruptcy, you have two options - restructure, which means working out a deal with creditors and changing your business (under oversight of the court) to become viable again. Creditors must approve of the plan (they usually do if it's genuinely good for them - as even though they won't get back the full principal, they will get back more money).
The other option is liquidation, in which case the court is ordered to dispose of all assets to get back as much money for creditors as possible. First in line are secured creditors (who put up a loan in exchange for some property - they're first because the court is disposing of said property). Next come unsecured creditors. If there's not enough money, then secured creditors get as much as they can, unsecured creditors zilch (unsecured creditors do not have collateral to go with the loan). If the secured creditors are paid off, then the unsecured creditors split the remainder. Usually there is not enough to pay off the secured, and unsecured creditors (which include unpaid parts of employee salaries) are stiffed.
Now, the Farsight contract is considered an asset in that whomever buys it out gets the rights to publish TPA on Xbox360. THat right can be worth a bit of money since they get proceeds from the sale of licenses.
Should Farsight attempt to sell on the Xbox360 outside of the contract, that makes the contract worth far less and the courts could impose penalties or they could be sued by whoever buys the contract for devaluing it and breach of contract.
If the contract is narrowly worded so they can participate int he ID@Xbox thing for Xbox One, then that's a different matter.
Either way, Farsight's hands are tied. Now, it's possible that once the Xbox One comes out that the Xbox360 contract becomes worthless if Farsight publishes for Xbox One, which isn't a breach (because they haven't violated the terms - just the value of the contract evaporated over time).
Of course, Farsight can buy out the contract since it's for sale, and any reasonable offer before the courts will be considered.
You're skipping over one important fact. Crave can no longer publish on the xbox. MS pulled their publishing rights. The contract is no longer an asset because Crave can no longer fulfill the terms of the contract.