While having been cleared of any wrongdoing, the same Judge was rather frank when it came to the fate of the source code: "It belongs to them... I'm done."
Activision has been told to hand over all source code material for Scratch: The Ultimate DJ back to Genius, which they were withholding after Genius cancelled a contract with 7 Studios.
"There is evidence that... 7 Studios has a duty to return the work product, source code, and software of the plaintiff" Genius, said Judge James C. Chalfant, reports .
Getting a little ticked at Activision's defence lawyers babbling on about how they don't need to return the materials, the Judge slapped them with common sense it. "It is actually very straightforward. They hired you. They have terminated the deal. Their agreement requires return of materials," said Judge Chalfrant.
"No matter how you slice this banana, they are entitled to the work product back. I don't know why your client would want to continue working on a project for which they have been terminated." Presumably his honor hasn't been following the announcements for DJ Hero...
Activision has been ordered to hand over the code by April 20th, "turn over the source code, and then if you want it back, you can argue on May 6th as to why you should get it back. I can't under any circumstance think why you would be entitled to keep the source code."
Acti lawyers then said such an act could expose proprietary technology from 7 Studios to Genius, and with Judge Chalfrant having heard enough he wrapped up the proceedings.
"Show me anywhere where you can refuse to turn over source code because it incorporates your pre-existing tools and technology. ...They can use it for any purpose. It is theirs. It belongs to them. They paid $6 million for it. I'm done."
Justice done, or should Activision have been dragged over the coals for such an underhanded tactic?