Delixe: Lets not forget that after dropping those games they then did their best to make sure no one else would release them like Brutal Legend. That in my eyes is just being cruel and petty.
Do you remember why that lawsuit was filed? It was about the $15 million that Activision had invested into the title that nobody was apparently going to worry about paying back.
http://www.joystiq.com/2009/06/04/activision-sues-double-fine-over-brutal-legend/
If I invested $150 into something (a soapbox racer, a group Halloween costume, equipment for my band, whatever) and the other folks took the project to someone else to make money with it, I would, at the very least, ask to have my stake refunded.
Now multiply that by a factor of 100,000...! Hell yes, I'm asking for my fair share before anything goes any further, even if I have to get a lawyer involved.
Perhaps you would be more generous and just give that $15 million away, in which case, I have this awesome soapbox racer, Halloween costume, and guitar amp that I'd like you to help me buy. Of course, if you refuse, that's just cruel and petty.