Navagon: GOG didn't release the D&D games as soon as they had Atari on board because they don't want to be in a situation where they have to pull more games from the site (like they had to do with TOCA 3). So it could be that they got these reassurances from Hasbro that, should their relationship with Atari hit the rock again, they retain distribution rights.
This sounds reasonable, but still, they said about "deal with Hasbro".
Then again it could just be that Hasbro has to approve all of Atari's methods of distribution. They couldn't get such approval while the lawsuit was ongoing. Or it could be both of those things.
Wait a minute. What rights has Atari to Infinity D&D Games? They didn't develope them. They didn't publish them. They only thing that connects Atari with those games is the exclusive right to publish D&D games until 2017.
Probably Hasbro licenced D&D to Interplay with a resolution, that after the licence ends, all copyrights to the D&D games belongs to Hasbro. I can't see any other possibility, because then some rights would be still with Interplay or Black Isle or BioWare.
So it's rather Hasbro who has the rights to BG and other Infinity Games, and Atari had to agree to make an exception from their exclusive licence, probably for a part of the cake.
Bethesda had a similar deal in place with Interplay over the old Fallout games. They claimed that was violated as a part of their ongoing lawsuit against Interplay.
AFAIK it was about Interplay releasing all three fallout games as Fallout Trilogy, which was apparently confusing with Fallout 3 coming from Bethesda.
link But there might be more, I don't know the case.
ps.
I tried to find some info about the final of Hasbro vs Atari case.
I can't.
I found the
article from 27th February 2011, and the author says the rights are still locked in the court battle. It's nothing sure, but it's the only thing I found about current status of Atari vs Hasbro case.