A couple weeks back, we covered details of a sizable auction that would allow struggling publisher THQ and investment firm Clearlake Capital to recuperate losses after years of falling stock, middling game sales, and a poor investment in the uDraw tablet controller. The auction, which will see some of THQ’s biggest franchises sold to the highest bidder, is currently underway. While we don’t yet know who has acquired what, we do know that South Park Digital Studios is trying very hard to halt the sale of Obsidian’s upcoming RPG, South Park: The Stick of Truth.
In a filing with the US Bankruptcy Court of Delaware, South Park Digital Studios claims that, in accordance with contract, it has the right to buy back rights to The Stick of Truth and take over "all elements of the game and related products" if THQ is found in breach of said contract. The breach in question is a vague matter, though South Park Digital Studios cites section 365(c)(1) of the US Bankruptcy Code in claiming that THQ cannot sell The Stick of Truth to another publisher.
THQ is, expectedly, standing fast in its perceived right to sell the game. According to Gamespot, the publisher cites a clause, allegedly removed from the public documentation, which states that they have every right to auction off The Stick of Truth.
We’re still waiting for word on the fates of franchises like Saints Row, Darksiders, and Company of Heroes. Stay tuned to PSU.com as this breaking story unfolds.