The auction of THQ's assets may not feature South Park: The Stick of Truth, as the product is created under license and as such may not be theirs to sell.
THQ filed for Bankruptcy in December with a stalking horse bidder slated to purchase the company wholesale, but the court intervened and an agreement was reached under which the publisher's assets and IP would be sold piecemeal.
South Park Digital Studios has filed an objection claiming that under the terms of the deal, it has the right to buy the game back from THQ at the cost of development, and that as licensor, its product cannot be sold without consent.
The company also claims THQ still owes them $2,275,000.
The publisher has filed a response claiming that the deal with South Park Studios was "exclusive" and therefore gives THQ the right to reassign ownership of the licensed product.
It also states the claim to protections under California Law would require that THQ be uniquely capable of fulfilling its contract obligations.
As THQ is acting as publisher for the game, which is being developed by Obsidian Entertainment, the company implies the South Park creator could easily find another publisher.
THQ denies owing any money to South Park Digital Studios.
The response states that hopefully the two parties will have come to an agreement prior to the auction, held today.
The results have not been released to the public, so it is unknown if the conflict was resolved.
Develop will provide updates as soon as more information can be obtained.