Comment by lmm

Activision and Fox aren't currently bothered enough to dig the contract out of whatever box it's in. But if there were a guaranteed damages payment in it they'd probably put a bit more effort in.

Honestly it sounds like Fox offered a pretty reasonable deal: "They [said they] might or might not have physical records to support their position, and the location of those records was not determined. So if we wanted to do a deal that paid them enough as a kind of guarantee, they would look into their records to see if they had anything. And if it turned out they didn't have ownership, they would refund that up-front guarantee. We chose not to pursue this option [and] they said, basically, 'Fine, whatever.'" I'm curious why they (Night Dive) didn't want to take that.