This contract was written 2010-Mar-31, and was made effective 2010-Apr-16. Knowing the stance Nintendo has strategically for this gen and being Nintendo was so secretive with Wii U, Activision and Bungie prepared this contract without Nintendo in mind, as is most third party developers probably do, due to Nintendo's unpredictable nature. From what I remember, correct me if I'm wrong, Wii U dev kits weren't provided until late 2010, early 2011, but definitely before this contract was created.
Also:
1A Release PLan
The release plan for the Destiny Games ("Release Plan") is currently comprised of four (4) major retail Destiny GAme releases tentatively scheduled for the Fall of 2013, 2015, 2017 and 2019 and four (4) Comet releases following each Destiny Game release tentatively scheduled for the Fall of 2014, 2016, 2018 and 2020. (...)
"Tentatively" sounds like questionable.
The only two times 'Nintendo' was mentioned, but only as an example.
5.1 Grant of Rights
5.1(b) ...publish and distribute all versions, conversions and adaptations of the Products for all other Platforms, operating systems, media, devices, or methods of distribution, whether now known or hereafter created or devised, including but not limited to, Sony PlayStation (e.g., PS3, PS4), PC, handheld (e.g., Nintendo DS and Sony PSP), mobile operating systems, online and server based systems, and/or casual extensions of the Products which may be playable via handheld gaming devidces, a PC or mobile handset, which versions, conversions and adaptations are developed during the Development Term (the "Conversions"), but Conversions specificlly exclude remakes and spinoffs of the Products and Ancillary Markets
7A Activision's Responsibilities
7A.15( k )
Assuring that the Products receive approval from any first party proprietary system licensor, such as Sony Computer Entertainment, Microsoft Corporation and Nintendo of America, Inc and/or their Affiliates (each as "First Party", collectively, "First Parties"), as necessary for the commercial release of the Products (in this regard, Licensor agrees to make any and all changes that may be required by such First Parties so as to allow Activision to commercially release and distribute the Products worldwide). In this regard, Bungie shall be responsible for all release management activities with the First Parties
Activision/Bungie did not have Nintendo in mind in regards to "Destiny" and "Comet" for the this gen obviously, and the next gen, but this is before they've learned of the Wii U. All we know as a solid fact is, as per the contract, there will be continued support for Microsort consoles for this gen and the next gen.
In addition, there's nothing in "Confidential Information and Non-Soliciation" that would completely breach the contract of any leak, really. Shame.
Post #22 on this thread already mentions all the most imporatation info anyway.
