
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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Darkwing6723
So Activision attacking its big money making studios that it owns which causes me to wonder, if West and Zampella win this lawsuit or even cause enough media around it how badly will this affect Activision. I kind of wish IW would just go back to being independent because ever since joining Activision I feel they haven't gained any of the benefits. When Bioware joined EA, which happened around the time of the big sex-box and Fox debate, EA went out to bat for Bioware and Mass Effect which they truly didn't have anything to do with. I haven't seen Activision putting themselves on the line to help one of their studios.
xGHxAerosmith
Mark my words: Santa Monica and God of War will go through a situation like this. Why? Because any game or piece of entertainment that makes multi millions of dollars will want to be collected by the greedy publishers.
AcuteGrindhouse
It looks like Activision is using one of the Piece of Eden on their contracts. DAMN YOUS!
madman93
There is going to be fight for modern warfare based products.
UltimaRatioRegum
Good for them! Good luck guys, I hope everything comes out in their favor.
xApocalypse2012
What the hell, Activision?
Prince77
Well this just makes sense now. Activision is getting rid og them to try and keep all the profit for themselves. I read not too long ago that they are going to bring out another COD game around the holiday season. So they decide to try and milk the COD, MW name for all it's worth then drop it when it does make anymore money. I bet they are doing that to have COD a no name and bring back another Sim just like it but just under Activision.
ur2ez2me
THERE IS A IW/ ACTIVISION/ MW2 ARTICLE ON EVERY PAGE!!! HAVE YOU NOTHING ELSE TO REPORT?? LETS HEAR SOMETHING ABOUT BFBC2 OR SOMETHING JEEEEZ
vinny87
@Patrick Klepek
I doubt you'll read this but apparently in an article on Gamepro they said that insubordination is one of the hardest things to prove in court and a last resort to fire someone a company uses.
GatsuBlackSword
That's Right Stick It To The Man!
smurfdiggler
This makes me want to stop playing COD all together....
stryker126
Let's be clear here. Activision is trying to use contract bludgeoning tools to screw one of their most succesful studios out of the money they owe them. That's all there is to it. That's what it means to work at Activision. Anything more is needless equivocation.
JNR713
Activision is so retarted i hope Activision does not keep the Modern Warfare brand because they will destroy it. I hope Jason and Vince win.
darkeldar100
Boycot activison?
lets go!
KW Driver
anyone else seem to notice that the Activision press release of the firings was included in their statement announcing the new plans for the CoD franchise? including "High-Margin" (read that low cost and high priced) additional dlc for MW2, and that Sledgehammer Games will be workin on the next CoD title set for 2011 (can we say bye-bye IW?) and they are taking the franchise to Asia, which they determine to be their next big market?
and all that news has Activisions stock going UP, not down...
Activision is out to please the shareholders, not the gamers.. keep that in mind peeps.. and the real shareholders (institutional investors) have a lot more money invested than all of you put together could hope to come up with in a lifetime.. this accounts for the last minute changes to MW2 that drove PC gamers nuts.. there are a lot more people playing PS3 and XBOX than PCs and the shareholders just care about raw sales.. they don't care about what segment those sales come from..
it is all a grab for money, and always will be.. and West and Zamparella are just as greedy, else they would NEVER have sold the rights to the franchise in the first place....
backerman
I hope Activision lose.
Mlg_Meadgrinder
Activision destroyed the Guitar Hero franchise and now it has its eyes set on the Call of Duty franchise, so im guessing that Activision wants Guitar Hero to have company in the 'Whoops we screwed that one up' categorie...
tdogg06051991
I think everyone likes to see David beat Goliath
Wishbone
I hope Activision will enjoy the way they poop after this trial, Cause they are about to be torn a new one.
latinoish_bwbhair
A low life company that should have gone the way of the dinosaur since they dumped Jim shooter. Or the way Turok which ever way you want to see it
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