Quoted from metallik:No, it wouldn't work.
You have to keep Fox in mind. Predator IP belongs to them, and them alone. Nothing can happen from these proceedings that would result in Fox taking any kind of loss. They never asked for this mess, and they never agreed to anything involving it. Anything Predator-related on those games is technically stolen property. A sale of *anything* involving Fox IP that Fox does not get compensated for is a loss for Fox. I'm sure there's some fancy legal term for it, but basically, you can't have an agreement/argument between two parties (kevin and buyers) that results in a loss for a completely non-affiliated third party (Fox). If you *could* you can be sure unscrupulous people would already be exploiting such a loophole.
Only thing I can think of would be the judge ordering the games sold as part of the BK liquidation with a compulsory license payment paid to Fox, but I don't know if there are laws providing for that. Most likely is that Fox is given the games as illegal contraband. Keith can fight for them.. will be interesting to see the results.
In your videogame example, the game studio has presumably entered into an agreement with the owner of the IP they're making the game with, and such an agreement would cover what happens if the studio goes titsup before the game's done. In kevin's case, Fox has no agreement with anyone, and didn't even know the games were being made til they were tipped off years after it started. It is in Fox's best interests to discourage piracy of their IP, and going soft on Kevin would only encourage more stupid behavior from other stupid people.
The license would only apply to a manufactured available item. This being either sold or distributed, including given away free of cost. A prototype(s) would be fair use as personal property up until moved to another party.
I could build a predator pinball right now, even a few, as long as I didn't sell or distribute them. They would be actionable assets if the bank came knocking for personal debt liabilities. Since bung hole that has the machines can't produce a receipt for the items, they are still considered personal property of Kevin.
i.e. They were never transferred legally, and did not violate IP.