"Vivendi had advanced him like 15 or 20 million dollars," Kotick explained. "He missed all the milestones, missed all the deadlines, as Tim has a reputation of doing."

"I don't know if it was a decision not to publish it. I don't even really know where we were in the negotiation and discussions about what was going to happen to the product. Unbeknownst to everybody, they didn't have the rights to sell. So all we'd said is, 'Look: If you go and do a deal with somebody else, pay back the money that was advanced to you.' That was all we were looking for. We ultimately got a fraction of the money that had been advanced to him, and as far as I know, that was the end of it. But I don't even know if there was a lawsuit from my recollection."

I could honestly tell you, sitting here, I never saw Brutal Legend and so the judgment of the people who I trust and respect about the quality of the game, and whether or not audiences would be excited and enthusiastic about this game, was 'No.' And that's why it was not a commercial success."