Quoted from goatdan:
For those people saying the games couldn't be sold because there is no license, I'm not so sure that applies...
In the video game world, if the company making a game goes belly up before the game is complete. In liquidation from bankruptcy, the prototypes are sold, without the license to distribute. From my understanding, so long as the person buying doesn't assume the right to distribute additional copies of the games, it's fine.
If there is no chance of selling the assets, why claim them? They must have a value.
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.