Activision Alleges EA and Infinity Ward Co-founders Conspired to Sabotage Call of Duty
by Alice O'Connor, Dec 22, 2010 5:10pm PSTThe legal battle between Activision and Jason West and Vince Zampella has taken an unusual twist. In new court documents filed this week, the video games giant accuses the pair of conspiring with rival company Electronic Arts to sabotage Infinity Ward as well as fellow Call of Duty series developer Treyarch and the brand.
First, a quick summary of events so far: West and Zampella, who co-founded of Call of Duty creator Infinity Ward before it was bought by Activision, were fired in March under mysterious circumstances; West and Zampella sued for unpaid royalties and brand rights; Activision scoffed. With us so far? Excellent.
IW employees then began leaving the studio in drips and drabs--around 35 eventually left in all; Activision counter-sued, claiming West and Zampella tried to "steal" IW; the pair formed Respawn Entertainment and signed a publishing agreement with EA; some IW veterans joined Respawn; Infinity Ward was restructed. Get it? Got it? Good.
On Tuesday, Activision filed an amendment to its complaint, reported by Joystiq, detailing a whole spread of alleged improprieties. It's claimed that West and Zampella had been in talks with EA for eight months before their firing, plotting together to create a new studio with Activision and Infinity Ward talent. To foster discontent, Activision says, the pair resisted Activision's attempts to pay employees bonuses and incentives. On top of that, they were "already appropriating for themselves approximately 1/3 of the total Infinity Ward bonus pool each quarter."
It's further claimed that West and Zampella intentionally released a Call of Duty: Modern Warfare 2 trailer on the same day as Treyarch released a trailer of their own for a Call of Duty: World at War map pack, to undermine the other developer and the series. Activision has produced supposed text message records of the plan.
"Treyarch released their mp dlc video," an anonymous employee sent to West, who responded "Super nice? We release our video? Crush and destroy with our video." The mysterious person affirmed "We already did. And ... we already did." "Nice," said West.
As West and Zamepella still had years left on their contracts, they rocked the boat by threatening to stop developing Modern Warfare 2, and then hold up Modern Warfare 3, as leverage in negotiations with Activision to found another own studio and work on new games under terms less favourable to the publisher.
EA worked with West and Zampella and their talent agency to plan all this, Activision alleges, with the goal of weakening the Call of Duty franchise and poaching Infinity Ward talent. This included bringing the pair by private jet to a "secret meeting" at EA CEO John Riccitiello's house. However, much of the supporting evidence for these claims is, the defendants insist, confidential and cannot be revealed. Large portions of the legal filing are redacted.
Supposedly, EA had also "sought to extract confidential information from West and Zampella, including information about the Modern Warfare marketing plans and how Electronic Arts could make a 'COD killer.'"
Activision is seeking "at least 400 million dollars" from EA to pay for profits lost due to its inference and for the cost of rebuilding Infinity Ward, as well as "punitive and exemplary damages to punish Electronic Arts and to deter similar conduct in the future."
It also wants back money West and Zempalla had received "during the period of their disloyalty" and to stop them from using confidential information owned by Activision in making their own rival products.
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Activision probably waited this long so most CoD fans would just drop the whole Infinity Ward issue and forgive Activision, so then their story would be believed.
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apparently dictionary.com did not know what restructed was a word either.
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cod is @cod6 a loser game and alternet make cod mw2 to a very god game i hope ea games make a shooter for the users and make no iw games for muny (dlc, rent a server ........) wee well deticatet game with one of the best story and grafik ho make fun and that´s can make ea games but iw can not make this we see it @ MW2!!!!!!
so i say go ea games go you make a game and i buy!!!!!
ea games make god games for ever :-) you see Batllefield, COD 1-4 (EA and IW) , Mass Effekt and all oder games hoo make ea :-D
sorry for my english but im not so god but i hope you understand this!!!!!! ;-D
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LOL, I crack myself up.
Quit crying and crap out another sequel, Activision. No one is hurting your game sales more than you.
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EA and Activision aren't in the wrong, after all, they are just trying to maximize profits.
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Then you have the IW guys who more or less told a portion of their audience (which I am part of) to go fuck themselves in a PR disaster that was just completely baffling. They came off as huge tools and the decisions they made with MW2 led to me moving on after a couple weeks. They also came off as somewhat arrogant/big-headed through the whole fiasco.
As much as I want to say "fuck the IW guys"...in the end they're the developers; they made a game that made Activision tons of money and I'm likley to give them the benefit of the doubt.
I'd also add that for all the bashing Treyarch gets...they don't actively seem to want to fuck me over and piss in my face (lol, hyperbole!). They seem actually interested in fixing issues on the PC (and they seemed to put some effort into fixing issues with W@W on PC long after release from what I heard...though I never got into W@W)...they just seem to be a little inept. But I can forgive that more than what IW did, and I feel that BLOPS was a far better game than MW2 (which I felt to be a low point in the series...not just because its matchmaking system was a pain in the ass...but because the gameplay did nothing for me and the single player felt like a chore).
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I'm really looking forward to seeing what Respawn Studios has up there sleeves - crossing my fingers they will be able to keep the Modern Warfare name, minus the Call of Duty obviously. EA has the $$$ to fund them pretty much whatever they need, only problem now is they will be tangled up in court forever with this.
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It's got a large user base in this day and age when everybody and their mom's releasing a game and players are spread thin. Some people buy it just for that. Of course a huge user base means all kinds of riff raffs, hacks, and the like.
It's got momentum, and that comes from years of weak competition. It has the full weight of an entire publisher and its army of marketing monkeys behind it. People think they're buying for quality when they're actually buying for brand valve.
The right kind of shooter will come out and knock it off its perch. It gets easier as more iterations are released and they get more and more arrogant. Either way it's a fight for the crown of the summer blockbuster, whereas the game itself is nothing to boast about.
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It's not uncommon to plan ahead for your next contract... which is what West and Zampella were likely doing. If negotiations weren't going well with Activision, it makes sense to talk to the other big publishers to see if they'll offer better terms.
Also, if the loss of these guys is as big as Activision claims, then they should have made concessions to keep them around. As it currently stands, it looks like they saw an opportunity to fire them and keep the royalty payments. Likely short-term thinking on the part of Activision.
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