Quoted from Mbecker:
Brushing up on details — So right now the possible futures of the hostages are:
Lawsuit goes in favor of jap&co and games are released and delivered to EA’s (I’m assuming shipping would have to be arranged individually or something? Or were these headed to cointaker?)
Ara wins and can do whatever they want? Auction them, release to buyers with additional money collected, burn them..?
Is that the just of where it’s at right now? Lawsuit is still going on, yeah? Or no? Or no one knows?
Trying to understand the stakes of that $1000 gamble a bit better, sounds interesting. It’s a killer game, esp if you love the movie.
Even if DP "wins" the lawsuit, they have not paid ARA ANYTHING...or at least nothing near what they owe. They have squandered all the money. So this lawsuit about the cost escalation from initial contract with ARA to the disputed cost per unit is sort of irrelevant when DP has no money to even pay the originally agreed upon price. They wasted whatever they had left exploring some hair-brained idea of a Chinese company building the games.
If ARA wins, they will absolutely NOT release them to the EA's. They will either be sold off or destroyed (if licensing requires it). ARA owes the EA's nothing. ARA has their own money tied up in those assets and thus ARA (unless obligated to destroy them) can sell them off to new buyers.
Every solution to this mess that gets buyers their games requires DP to cough up a boat load of money...of which we know DP has none.
It's interesting in some ways that DP has not found an investor or something. They now have proof (via pinside and elsewhere) that the machines they designed CAN sell for significantly more than the $8500 original price. Why not convince an angel investor to pay off their debts to ARA to free up this insane log-jam and them start over manufacturing them in China or the US and selling them for $12,500. They would still sell like hot-cakes and at a massive premium over build cost at that point which would hopefully help make a business case to an investor.
The lawsuit was supposed to have an update weeks ago but we have not heard a thing.
Speaking of which, is there not public record in their Country? How is this all still under lock and key? Its not like it was some confidential arbitration hearing...