However, Activision's countersuit goes beyond Finest Hour's problems and failed sequel negotiations. It accuses Spark of "unlawful appropriation of Activision's trade secrets" in the form of development kits and six other computers that contained source code created by the publisher--kits Spark kept post-Finest Hour development. "Spark's refusal to return Activision's source code and other material is particularly disturbing because Spark contends it is currently developing products for Atari, and Spark's use of Activision's property to that end would not only be unlawful, but also it potentially could turn Atari into an unwitting violator of Activision's rights," reads the countersuit.
