
It looks like the former leadership of Infinity Ward are not going down without a fight. Former Infinity Ward CTO Jason West and president Vince Zampella have officially filed a lawsuit against Activision, according to a press release issued by their law firm, O'Melveny & Myers LLP.
According to the release, West and Zampella were terminated by Activision "weeks" before receiving royalties for Call of Duty: Modern Warfare 2. Activision purchased Infinity Ward in 2003.
"We were shocked by Activision's decision to terminate our contract," said West. "We poured our heart and soul into that company, building not only a world class development studio, but assembling a team we've been proud to work with for nearly a decade. We think the work we've done speaks for itself."
O'Melveny & Myers LLP attorney Robert Schwartz is suing Activision in pursuit of West and Zampella's right to compensation for the production and sales of Call of Duty: Modern Warfare 2 and the contractual rights allegedly granted to the duo to control "Modern Warfare-branded games." If seems West and Zampell may be fighting for the right to create Modern Warfare games outside Activision or to prevent Activision from creating Modern Warfare-branded games. Until we have more details, it's difficult to draw a specific conclusion.
Here's the full passage.
"Modern Warfare 2 is arguably one of the most successful games in history and together with Call of Duty, has generated more than $3 billion in sales for Activision. In addition, Activision seized control of the Infinity Ward studio, to which Activision had previously granted creative control over all Modern Warfare-branded games. The suit was filed to vindicate the rights of West and Zampella to be paid the compensation they have earned, as well as the contractual rights Activision granted to West and Zampella to control Modern Warfare-branded games."
"Activision has refused to honor the terms of its agreements and is intentionally flouting the fundamental public policy of this State (California) that employers must pay their employees what they have rightfully earned," said Schwartz in the release. "Instead of thanking, lauding, or just plain paying Jason and Vince for giving Activision the most successful entertainment product ever offered to the public, last month Activision hired lawyers to conduct a pretextual 'investigation' into unstated and unsubstantiated charges of 'insubordination' and 'breach of fiduciary duty,' which then became the grounds for their termination on Monday, March 1st."
According to the release, the suit is alleging "breach of contract, breach of the implied covenant of good faith and fair dealing, wrong termination in violation of public policy, and declaratory relief."
The implications of this lawsuit are tremendous and far-reaching. Stay tuned for more.
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Comments
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madhatter81
They should just start a new studio and name it Infinity Games lol... and start there own IP called Modern Combat heh... is that legal?
Cathartic Denoument
Jason, Vince, & the rest of Infinity Ward should just go work for THQ or something.
GodofPS314
Activision is such a greedy bastard of a company.
Raven21633
Oh did I forget to mention they openly laughed in our face in on-the-air interviews when the PC community expressed concern over the loss of dedicated server support?
Who's laughing now? ha ha ha.
Raven21633
"We think the work we've done speaks for itself."
Yep, sure does. You screwed the PC community blue, that's why every gaming clan in the world has dropped the COD franchise like a hot rock and EA is reaping the rewards.
Boy, I've never seen Karma kick in so swiftly and efficiently before ha!
G4lumfan
Making millions off a game.
Making more millions off selling stock in company that made the game.
Making the C.E.O's of the company terminated due to false charges.
Priceless.
Boy it must be good to be Bobby K.
But to be honest, coming from him, I'm not surprised.
vismortis
So it does look like they were going to pull a Rare style walkout and form a new studio and instead of working WITH the cash cow Activision puts a bullet in it.
npai
I really don't think that this is necessarily a good thing, even though I'm the two individuals will likely be compensated for their work. If they win over the rights for the Modern Warfare franchise, it will seem fair, but I can't see that being the best thing for the future of the franchise. As of right now, the people that made the game are still in Activision, and if Activison loses the rights to the franchise, all the people that made the last two games great will no longer be a part of the future projects, unless they leave Activison, of course. But if they don't, then we'll be looking for an entirely new team of people who will develop the future games, and I'm not sure that't the best thing, for obvious reasons.
Mereel
I say any sponsors of Activision need to be boycotted. Cut off the money supply, and then you'll get their attention.
ZyloWolfBane
Good, I always hoped IW would split from activision before they bastardize the CoD franchise any further.
I dont want it to become another guitar hero.
ThePiousPriest
I believe Mr. Kotick would be wise to follow a piece of advice Leia gave to Grand Moff Tarkin. "The more you tighten your grip Tarkin, the more star systems will slip through your fingers". Activision better back off before Zampella and West blow up that Death Star known as Activision. As much as I'm frustrated by IW by their botched job of MW2 PC (although I have some inclination to believe that Activision botched the job for them and IW had to follow through), corporate greed pisses me off and I would like no more to see Kotick be thrown in a Gulag. If IW leaves, I guarantee you Activision's stock will fall and the Activision Empire will crumble. If West and Zampella are reading this:Don't settle out, fight for honor, even if you lose, gamers will follow you and know you have legitimacy in MW or whatever IP you decide to make.
Wildcard273
I obviously don't know the details, but it sounds like a Team Deathmatch : Egos. I don't know who's right or wrong, but this will probably get nastier before it gets better.
What are the odds this will settle out of court of an undisclosed amount and a non-disparaging agreement ala Conan and NBC? Maybe a non-compete for 1 year for both West and Zampella?
bmben
Um, I just read the court documents, and to be honest, these boys are appealing to the emotions of the court. They haven't a leg to stand on. The "contractual" control the two are referring to seems to have been verbal and aimed at IW, not the two of them as individuals.
Wakeman90125
they will lose... the suit is a letigious way for them to start a new studio and use the continued publicity to foster sympathy.."david and goliath" Bring in backing for their new studio.. Cherry pick Devs from Infinity Ward.
Most of this came to a head publicly a few moths before MW2s release.. When "IF" wanted to remove the "COD" from its new release and seperate the franchise.. The fact is when you are a company the size of Activision you have your ducks in a row before you terminate anyone..
As for the two "lost shepards" (DOH), they will lose their suit and start a new franchise.. "Future Warfare" with focus on the pendulim swing back to si-fi. With titles like "Mass Effect" and "Avatar" and "Battlestar Galactica" people are once again enjoying a pre 911 fantasy style of media.. Real is getting too real to be fun..
Welcome to the machine (PF)
KW Driver
court docs have been posted:
http://kotaku.com/5485703/ou sted-infinity-ward-founders-la wsuit-against-activision-the-c ourt-documents/gallery/
cmo2788
Call me stupid, But i don't see Activision taking that big of a chance on something like that. And i don't see how IW could sue for rights, IW IS PART OF Activision so at the end of the night, IW would not have the rights to it, Jason West Vince Zampella would not have the rights to it, it would still fall back on Activision....Seems like a stab in the dark when it all comes down to it.
greeknerd
Go team IW. Activision must lose.
akuma444
give them what they own!!!!! cod:mw2 rules
Korzo
What's sad is that this isn't just going to effect just Activision, it's going to effect every studio Activision owns as well. Activision is going to take a huge hit from this no matter what but Kotick isn't going to have the company ease off on releasing multiple games a year, they're gonna go and take cuts from other studios so they can still push out multiple titles and try to make a profit. Kotick may have just screwed over the majority of Activision and there studios.
the_azure_knight
I think we have seen this problem before Itagaki anyone?
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