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Activision, former publisher of Brutal Legend, sued its developer Double Fine last month for signing with EA. Now Double Fine has countersued, claiming that Activision's lawsuit is an attempt to kill the company and its game.

In their initial suit, Activision stated that Brutal's publishing agreement with EA, inked in December 2008, was unlawful. However, Double Fine's countersuit claims Activision was uninterested in Brutal. It dropped the game from its publishing slate in 2008 "after an effort to convert the game into a Guitar Hero sequel failed."

"Now that we’ve found a publisher and the game is getting sensational coverage, they want to stop its release,” said Double Fine Chief Operating Officer Caroline Esmurdoc said. “Double Fine’s countersuit is a demonstration of our intention to fight for this game — Activision will not kill ‘Brutal Legend.’”

Activision has filed a motion to block the game's October release. A hearing on the motion will be held on July 30th. Perhaps through the course of these legal proceedings we'll hear more of this attempt to turn Brutal into a Guitar Hero game.

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