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A lawsuit accusing Beyonce of ditching her commitment to star in a video game was given permission to move forward by a New York Superior Court judge, reports The Inquisitor.

The lawsuit, which first emerged in April 2011, alleges that Bey unlawfully abandoned her contract on a motion-sensing dance game called Starpower: Beyonce. Game developer Gate Five says it was working on the game when Beyonce allegedly demanded “new compensation terms” before abandoning the game altogether.

Beyonce tried to have the lawsuit thrown out on two occasions, but the New York appeals court said on Thursday (Nov. 15) that there were “triable issues” as to whether the singer had breached the licensing deal between her and Gate Five.

Court documents show Gate Five is demanding “the hundreds of millions of dollars in profits that Gate Five could have realized if [Beyonce] had honored the Agreement.”

Gate Five claimed to have developed a technology superior to that of other motion-sensing video games on the market. The studio says it had approached representatives for other top-selling artists, and that the likes of Lady Gaga and the Black Eyed Peas had expressed interest (the latter ended up fronting a rival game, The Black Eyed Peas Experience for the Wii).

Gate Five said it had closed a deal with Beyonce, though the contract had a termination clause stipulating that a certain level of financing was to be obtained by a specific date. If this funding was not acquired, the singer could walk away from the deal.

A judge in April denied Beyonce’s motion for summary judgment after her legal team claimed she had a right to cancel her contract because Gate Five had failed to obtain a necessary $5 million financing commitment.

Gate Five said that an investor had agreed to inject $19.2 million in financing when Beyonce terminated the deal.  The studio also accuses the singer of demanding a new compensation package before walking away from the agreement on Christmas Eve 2010.

While the New York State Supreme Court Appellate Division has stated the Beyonce video game lawsuit must continue, this does not mean the singer is necessarily at fault, but that evidence must be presented to a jury to decide whether she honored the contract.


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