They "got ahead of themselves" said Johnson, noting it's an "easy mistake" with contract rules. He's waiting to hear back from Sega now.
"They sort of got ahead of themselves a little bit and didn't realize that they don't have the rights to the property," said Johnson, referring to Sega's Toejam & Earl XBLA news.
"It's an easy mistake to make - with every game contract being different, and new versions of contracts for releases always superseding old contracts, and rights' expiration dates, etc."
"Anyway, I'm waiting to hear back from them to pick up the conversation. The ball is in their court at the moment," he added, reports . It's up to Sega to make the call to creator Johnson then, which I'm sure Toejam & Earl fans hope is soon.