Distributor Wants ‘Blacklight’ Invoice Snuffed

     REDWOOD CITY, Calif. (CN) – The developer of the “Blacklight: Retribution” video game is asking its distributor for an additional unwarranted $750,000 for rights to the Xbox and PlayStation versions, the distributor says in county court.
     Perfect World Entertainment Inc. has sued Zombie, Inc. in San Mateo County court for a declaration that that it does not owe the money, and attorney’s fee and costs.
     A delivery schedule for additional versions was never executed, and an amendment to the original agreement deleted the schedule, Perfect World claims in its May 29 complaint.
     Perfect World released the personal computer version of Blacklight: Retribution on April 3.
     The complaint states:
     “For the PC version of the game, Exhibit B sets forth a schedule of milestones and deliverables by Zombie and amounts to be paid by PWE if the milestones and deliverables were achieved by Zombie.
     “However, for the XBLA and PSN Versions of the Game, Exhibit B states: ‘US$750,000, to be paid as provided herein. Milestones and delivery materials shall be set forth according to the a (sic) schedule to be negotiated in good faith by the parties and included hereto as a separate attachment signed by both parties within three days of execution of this agreement.’
     “PWE and Zombie never executed the ‘separate attachment’ for the XBLA and PSN versions of the game.”
     The complaint further states:
     “Amendment No.1 expressly provides that the agreement is amended ‘solely as follows: Exhibit B of the agreement is hereby deleted in its entirety and replaced with the attached Exhibit B-1.’ Amendment No. 1 further provides that ‘[i]n the event of an inconsistency between the agreement and this amendment, this amendment shall govern.’
     “Exhibit B-1 eliminates any obligation on the part of PWE to pay Zombie any sums in connection with the XBLA and PSN versions of the game. Exhibit B-1 further provides that the total amount that PWE may be obligated to pay Zombie under the agreement shall not exceed $1,859,950.00.”
     If Perfect World gives up its right to the Xbox and PlayStation versions, Zombie must pay it a “passive royalty” on amounts earned from commercial exploitation of the game on those platforms, instead of Perfect World paying Zombie royalties, according to the original agreement attached to the complaint.
     The plaintiff is represented by Phillip Atkins-Pattenson of Sheppard, Mullin, Richter & Hampton in San Francisco, Calif.

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