Today a Los Angeles judge said he would wait an additional week before ruling on Activision's motion to delay the release of Brutal Legend. He's leaning against a delay, though.

"I can't say there's a likelihood of success here," Judge Craig Karlan said, referring to Activison's lawsuit against Brutal developer Double Fine Productions. I ain't no big city lawyer but I assume his point is that it would be unnecessary to delay the game's planned October release if Activision's lawsuit doesn't stand a chance of winning.

Activision, former publisher of the game, alleges that Double Fine missed deadlines in development and then broke their contract by signing with another publisher, EA. Double Fine countersued on July 22nd, stating that Activision was disinterested in the game and that their lawsuit is merely an attempt to hurt the company and its game.

Judge Karlan was careful to point out that he hadn't made up his mind yet, though. After all, what would be the point of a week-long delay if he had? "This is going to be a close call," he said.

Again, not a big city lawyer here but a toss-up is probably good for Double Fine. If it's too close to call, one would think the judge would avoid the more extreme option (delaying the game, in this case). We'll see how it goes next Thursday.