Sacked Call of Duty Makers Sue Activision over Royalties and Brand Rights
by Alice O'Connor, Mar 04, 2010 5:57am PSTUpdate: Activision has fired back with a statement of its own, in which the publisher dismisses the duo's claims as "meritless."
Original: Infinity Ward co-founders Jason West and Vince Zampella have filed a lawsuit against Activision after the pair were fired from the Call of Duty developer on Monday, accused by the video games leviathan and studio owner of "breaches of contract and insubordination."
"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," asserts a press release issued by the pair's lawyers, which claims that they were to receive "substantial royalty payments" in a matter of weeks "as part of their existing contracts for Modern Warfare 2" before being fired.
"We were shocked by Activision's decision to terminate our contract," said West in a press statement. "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."
"After all we have given to Activision, we shouldn't have to sue to get paid," added Zampella. The pair's lawsuit includes claims for "breach of contract, breach of the implied covenant of good faith and fair dealing, wrong termination in violation of public policy, and declaratory relief."
Activision purchased Infinity Ward in October 2003 following the release of its first game Call of Duty, which went on to spawn countless sequels including several from fellow Activision subsidiary Treyarch. The most recent, Modern Warfare 2, was released on November, 2009, in what was declared "the biggest launch in history across all forms of entertainment" by Activision, having raked in $550 million US in sales worldwide within the first five days of sale alone and over $1 billion as of January 13.
The day after the pair were given the boot, Activision announced that it intended to "expand the Call of Duty brand with the same focus seen in its Blizzard Entertainment business" with "new geographies, new genres and with new digital business models."
Activision also revealed that newly-minted studio Sledgehammer Games will be joining IW and Treyarch in developing for the franchise with an "action-adventure" title.
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I mean, whose 'brilliant' idea was it to not include dedicated servers in Modern Warfare 2? "
QFT
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This situation is going to make the whole Duke Nukem fiasco seem like Romper Room!
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I mean, whose 'brilliant' idea was it to not include dedicated servers in Modern Warfare 2?
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If they would do this kind of shit to their most lucrative subsidiary, they'll do anything to anyone.
Any developers interested in retaining some control over their content, or even interested in getting paid, should look elsewhere.
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Sucks that the rundown is the same thing for the IW heads after all these years:
IW team makes MoH a new, hot property.
EA: Thanks for the game, you may leave now.
Fired team formally creates IW and makes CoD/MW.
ATVI: Thanks for the games and IP, the studio heads may leave now.
We've really evolved a lot here people!
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Not all fans of the series are mouth breathing 10 yr olds. They know full well IW are the guys that made the seres what it is. Treyarch is barely tolerated by fans as it is now so when Acti starts cranking out generic CoD titles not made by the series originators the response will be tepid at best. Branding will only get them so far. Further, if this lawsuit turns into a David vs Goliath thing, fans will rally to side of the underdogs.
Grab some popcorn.
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If there wasn't a risk of West and Zampella suing, and if Activision thought that they could live with the current situation, that paragraph in the 10-K form wouldn't have existed, as it wasn't a risk for investors. But now, Activision seems to want to move on and bury this, while West and Zampella want their dues.
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Now that's a horrendous understatement.
I guess we're gonna be inundated with countless POS CoD games now. It totally worked with Tony Hawk Pro Skater and Guitar Hero! I'm not sick of them at all.
Brilliant!!
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