“I want to implement some features that would thrive and profit from Early Access feedback, namely more multiplayer options, leaderboards and a level editor. How is the full version planned to differ from the Early Access version? “Depending on the feature requests that evolve during development I will be able to adjust the scope of the game, right now I would like to have the game fully realized within 8 to 12 months.” The lawsuit also confirms that Interplay canceled the Descent licensing deal, as Little Orbit alleged in its own suit, but claims that it was "due to Little Orbit’s repeated breaches of the Development Agreement and Terms Sheet."ĭescendent Studios is seeking $60.6 million in compensatory and punitive damages, plus legal expenses.“Since I am a single developer, Early Access will help me get in touch with my audience and community during the development process already, which will help me tremendously to deliver the horror experience I aim for with Hidden Deep.”Īpproximately how long will this game be in Early Access? "Until Little Orbit fulfilled its agreement to develop the new API, there was no way to test anything that Descendent was developing, so it was impossible to commit to a development or completion timeline." Little Orbit had demanded a new and different Application Program Interface (“API”), had agreed to develop the new API itself, but had totally failed do to so," the suit states. "There was good reason for that which was discussed at the time. Update 2 (March 6, 2020): Developer Descendent Studios has filed a response (opens in new tab) to the lawsuit, accusing Little Orbit of not meeting promotional obligations, failing to pay vendors, adding new console ports that required increased technical work, and "demanding additional budget-busting, delay-creating work-product and development efforts without paying for them nor allotting sufficient time for their completion."Īddressing Little Orbit's claim that it committed to funding Descendant's payroll to the tune of $60,000 per month, the studio alleged that only one such payment was made, after which the publisher "ran out of money and never paid the remaining 11 payments due." The filing also disputes Little Orbit's claim that the developers missed multiple milestones and scheduled release dates, saying that the "terms sheet addendum" in which the publisher committed to supporting Descendent's payroll "contained no completion deadlines for anything." Scott added that Little Orbit has put "a significant amount of time, money, and effort" into the game, and in spite of all the troubles still intends to launch Descent as soon as possible. Since we do not yet have a release date for the game, we have processed refunds for all of the pre-orders we took.We did not receive any of the Kickstarter money, so we cannot refund any of those funds.Since then, we have made every attempt to resolve this matter without legal action, but all of those efforts have failed.This was made public by their CEO Eric Peterson some time ago. Descendent Studios has shut down their website/forums and ceased working on the game."With that in mind, I do want to say the following:" "Little Orbit remains under non-disclosure, and we are engaged in an active lawsuit, so we are severely limited in what we can share at this time," he wrote. Update: Little Orbit CEO Matt Scott has posted a message about the legal action at (opens in new tab) apologizing for the frustration and lack of communication with Descent Kickstarter backers. I've reached out to Little Orbit and Descendent for comment, and will update if I receive a reply. The lawsuit says that the "significant and extensive damages and financial injury" suffered by Little Orbit hasn't yet been determined, but is not less than $2 million. Fortunately for anyone who was looking forward to it, there are some other good options out there: The 2018 spiritual successor Overload (opens in new tab) is quite good, and personally I really like the more narrative-focused Retrovirus (opens in new tab) from 2013 (which is also quite a bit cheaper). If the allegations are accurate, it sounds unlikely that the Descent reboot will ever see the light of day, which is a shame. "The loss of the Descent trademark also further devalues what work has been done to develop the Game." "That means Little Orbit has now lost the rights to this valuable trademark as a result of Descendent's repeated breaches of the Agreement and Term Sheet," the suit states. Complicating the situation further, Little Orbit also believes that Interplay has canceled its Descent licensing deal with the developer.
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