Ugh...I hate Activision more and more with each passing month. They used to be okay, but ever since the merger they have become grade-A mega-douches. EA, for all their anti-piracy controversy, is actually starting to become one of the better mega-companies in the game industry now, simply because Activision has got batshit crazy after merging with Blizzard.
My opinion on this thing? Go back to wanking off Call of Duty and Guitar Hero like you normally do and leave EA alone. Activision dropped Brutal Legend because they couldn't "exploit it every year." Having second thoughts? Tough luck. You dropped the game. It isn't your's anymore. EA is absolutely right; this IS like a jealous ex-husband trying to sue a wife after she found a new guy.
Besides, as I read the situation, Activision is scraping the very bottom of the barrel here. They really don't have much of a case. They dropped the game. They don't have any actual right to it anymore.