Former Infinity Ward heads seek to void original contract with Activision
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The complex and claim-ridden story of Activision and Infinity Ward won't get any legal clarification for some time still, but that doesn't stop former IW heads Jason West and Vince Zampella from trying to annul their original contract with Activision. According to a GameSpot report, an amended complaint filed by the duo late last week alleges that Activision began development of "Modern Warfare and Call of Duty games and related products" without the express consent of the two men, and seeks to void the original contract they signed with Activision -- a move that would put at least partial control over the Modern Warfare brand back in the hands of West and Zampella.
"Activision did not inform West or Zampella of such plans or seek their input or approval for them. Indeed, while breaching the creative authority provisions of the MOU [Memorandum of Understanding], Activision continued to pay lip-service to them, in an attempt to mask its secret development efforts," the updated complaint reads. Furthermore, the aforementioned MOU was allegedly signed by West and Zampella with pressure from Vivendi's merger with Activision weighing on it, which West and Zampella say helped them land an agreement (detailed by the MOU) that kept them in control of the Modern Warfare brand.
The MOU, however, contained one passage that the ex-IW heads "remained skeptical" of, where the agreement would only continue as long as the two remained employed at the company. It's claimed that Activision CEO Bobby Kotick responded to this concern by saying, "Don't worry about it. It's impossible for you guys to get fired."
"Activision did not inform West or Zampella of such plans or seek their input or approval for them. Indeed, while breaching the creative authority provisions of the MOU [Memorandum of Understanding], Activision continued to pay lip-service to them, in an attempt to mask its secret development efforts," the updated complaint reads. Furthermore, the aforementioned MOU was allegedly signed by West and Zampella with pressure from Vivendi's merger with Activision weighing on it, which West and Zampella say helped them land an agreement (detailed by the MOU) that kept them in control of the Modern Warfare brand.
The MOU, however, contained one passage that the ex-IW heads "remained skeptical" of, where the agreement would only continue as long as the two remained employed at the company. It's claimed that Activision CEO Bobby Kotick responded to this concern by saying, "Don't worry about it. It's impossible for you guys to get fired."
Reader Comments (31)
Posted: Apr 4th 2011 10:56AM ColorblindMonk said
Oh Call of Duty, you will never be the same, yet you never change.
Posted: Apr 4th 2011 11:09AM Ezio Auditore da Firenze said
Sounds like things aren't going so hot for the Wespella camp.
Posted: Apr 4th 2011 11:21AM Protege420 said
"Don't worry about it. It's impossible for you guys to get fired."
lolololol did this kotick guy start off selling used cars in vegas?
lolololol did this kotick guy start off selling used cars in vegas?
Posted: Apr 4th 2011 6:24PM Misfit Toy said
@Protege420
Did he follow it up with his big deceitful grin I wonder... ?
http://www.flickr.com/photos/abriael/3794368273/
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Did he follow it up with his big deceitful grin I wonder... ?
http://www.flickr.com/photos/abriael/3794368273/
Posted: Apr 4th 2011 11:30AM eat it said
I don't understand what they are fighting about.
The Modern Warfare name is not important to Activision at all. Call of Duty is. Black Ops proved this. They could make a game galled Call of Duty: Puppy Farts and it would break sales records
Also, if west and zampella make a game walled modern warfare I think we'd all be a little disappointed. I mean don't we want to see something different from them? What do they want with that name? it's not a brand like call of duty.
The Modern Warfare name is not important to Activision at all. Call of Duty is. Black Ops proved this. They could make a game galled Call of Duty: Puppy Farts and it would break sales records
Also, if west and zampella make a game walled modern warfare I think we'd all be a little disappointed. I mean don't we want to see something different from them? What do they want with that name? it's not a brand like call of duty.
Posted: Apr 4th 2011 12:11PM sykane9 said
@eat it
Actually it is. The first Modern warfare COD 4, was the one that started it all for multi. Think about it. If Respawn gets that name back, they can make Modern warfare 3 or whatever name they want to put after the Modern warfare titlle. I don't know about you, but Activision more than likely sees what I am seeing. Which is, is Respawn using that name after a well established franchise. How crazy will it be if Modern warfare 3 comes out next to Call of duty 8? Think about it.
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Actually it is. The first Modern warfare COD 4, was the one that started it all for multi. Think about it. If Respawn gets that name back, they can make Modern warfare 3 or whatever name they want to put after the Modern warfare titlle. I don't know about you, but Activision more than likely sees what I am seeing. Which is, is Respawn using that name after a well established franchise. How crazy will it be if Modern warfare 3 comes out next to Call of duty 8? Think about it.
Posted: Apr 4th 2011 12:28PM eat it said
@sykane9
remember when activision was thinking about releasing modern warfare 2 without the CoD name? they did a survey to see if people were planning on buying it but no one knew what it was. Then they added CoD to the name and it blew up. We know MW brand but we visit a gaming site, college kids are just going to be confused and go with CoD
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remember when activision was thinking about releasing modern warfare 2 without the CoD name? they did a survey to see if people were planning on buying it but no one knew what it was. Then they added CoD to the name and it blew up. We know MW brand but we visit a gaming site, college kids are just going to be confused and go with CoD
Posted: Apr 4th 2011 5:13PM Alexisonfire said
@eat it
I think with both MW and MW2 selling millions and being still played by at least hundreds of thousands of people, I think the "Modern Warfare" name is a little more well known now than it was in late 2008, early 2009, especially after people abandoned World at War and, from what I have heard, are starting to do the same with Black Ops.
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I think with both MW and MW2 selling millions and being still played by at least hundreds of thousands of people, I think the "Modern Warfare" name is a little more well known now than it was in late 2008, early 2009, especially after people abandoned World at War and, from what I have heard, are starting to do the same with Black Ops.
Posted: Apr 4th 2011 5:26PM LaurenIsSoMosh said
@eat it
Electronic Arts made it pretty clear last year that they are aggressively pursuing the dominance in the shooter market. "Call of Duty" might be more immediately recognizable, but if West and Zampella win the case and EA gets ahold of the Modern Warfare IP, all it would take would be an aggressive, risque marketing campaign.
Marketing is all Call of Duty has ever been, and so that's the fire that EA will have to fight with. If they do win, I'm betting the following battle of the shooters is going to result in the two most heavily marketed games in history.
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Electronic Arts made it pretty clear last year that they are aggressively pursuing the dominance in the shooter market. "Call of Duty" might be more immediately recognizable, but if West and Zampella win the case and EA gets ahold of the Modern Warfare IP, all it would take would be an aggressive, risque marketing campaign.
Marketing is all Call of Duty has ever been, and so that's the fire that EA will have to fight with. If they do win, I'm betting the following battle of the shooters is going to result in the two most heavily marketed games in history.
Posted: Apr 4th 2011 11:36AM Emmenthal said
If the rumours are true though, isn't there supposed to be a CoD Modern Warfare 3 out this year? If that's the case, and if Zampella/ West won the case . . . it may hamper that game and release massively.
Posted: Apr 4th 2011 12:10PM SisypheanLife said
@Emmenthal
They could easily change the name. Call of Duty is the killer brand, not Modern Warfare. They could just call it Call of Duty 8, of Call of Duty: Future Warfare. Black Ops has really proved that CoD is the key, not the developer or the tagline.
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They could easily change the name. Call of Duty is the killer brand, not Modern Warfare. They could just call it Call of Duty 8, of Call of Duty: Future Warfare. Black Ops has really proved that CoD is the key, not the developer or the tagline.
Posted: Apr 4th 2011 12:14PM DenebSwift said
This whole thing reeks of shoddy contract writing, poor business decisions, and ulterior motives from the start. From both sides.
Posted: Apr 4th 2011 4:32PM That Burning Sensation said
@DenebSwift
I agree Jason and VInce may not be completely innocent, but I've seen this type of managerial manipulation before. They purposefully create confusing, complicated, and vauge contract agreements only so they can look for loopholes to fire or punish an individual. It happens all the time at work places and businesses. It's clear that Activition and Kotick were with holding their share of the profits to keep them on board, so wouldn't it be reasonable to seek advice or alternative means to seek retrobution? Of coarse not, if a person is contracted to build a house and only that house with a custom blueprint and that contract was completed, doesn't that person have to pay? You can't argue that because you withheld payment long after its completion they can't continue building another house?
Whew, sorry, tying this fast hopefully that analogy made sense.
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I agree Jason and VInce may not be completely innocent, but I've seen this type of managerial manipulation before. They purposefully create confusing, complicated, and vauge contract agreements only so they can look for loopholes to fire or punish an individual. It happens all the time at work places and businesses. It's clear that Activition and Kotick were with holding their share of the profits to keep them on board, so wouldn't it be reasonable to seek advice or alternative means to seek retrobution? Of coarse not, if a person is contracted to build a house and only that house with a custom blueprint and that contract was completed, doesn't that person have to pay? You can't argue that because you withheld payment long after its completion they can't continue building another house?
Whew, sorry, tying this fast hopefully that analogy made sense.
Posted: Apr 4th 2011 12:23PM 2late2die said
"Don't worry about it. It's impossible for you guys to get fired."
Jason and Vince, word to the wise - unless you own the company and have majority share, there's no such thing as "impossible to get fired".
Jason and Vince, word to the wise - unless you own the company and have majority share, there's no such thing as "impossible to get fired".
Posted: Apr 4th 2011 12:54PM PointlessPuppies said
@2late2die
Maybe he was talking to the mirror behind them
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Maybe he was talking to the mirror behind them
Posted: Apr 4th 2011 12:52PM Schlecht said
These companies are similar in that their theory is that if one game sells well, crank out as many crappy versions as possible. Hence, Guitar Hero and Tony Hawk are dead. Call of Duty is next in line.
Posted: Apr 4th 2011 1:21PM i77ogical said
None of you knows what you're talking about. It's hilarious. Keep 'em coming.
Posted: Apr 4th 2011 3:51PM OnToGloryReturns said
@i77ogical
Please, enlighten us Professor...
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Please, enlighten us Professor...
Posted: Apr 4th 2011 5:06PM LaurenIsSoMosh said
@i77ogical
Why do I get the impression that you're twelve? The majority of stuff written here is opinion and speculation. Pretty naive of you to attempt to label it as incorrect, especially when you don't try to explain WHY no one knows what they're talking about.
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Why do I get the impression that you're twelve? The majority of stuff written here is opinion and speculation. Pretty naive of you to attempt to label it as incorrect, especially when you don't try to explain WHY no one knows what they're talking about.
Posted: Apr 4th 2011 6:36PM i77ogical said
@i77ogical
First off, I am over three times twelve years of age.
Really, the moral conjecture that gamers throw out there, taking sides and getting personally connected to what is basically just a PR campaign, from both parties, is just really funny.
"Activision is obviously in the right"
-Because they fired the duo? That shows they are right? Not true.
"Going to EA proves that West/Zampella were guilty of theft/tampering"
-Again, wow. The only other company that can afford them hires them, and so it proves something?
"West/Zampella are money grubbing and/or naive"
-Their game made a billion dollars, so they're jerks for wanting their cut?
"Both sides are in the wrong. They're all just grabbing for cash."
-Every major company in the world sues other companies, and is sued. Check how many lawsuits that Microsoft or Apple or any other good company is involved in right now.
These lawsuits are normal. For gamers to even care about this, like it's a sports team that you identify with personally, is very naive, without facts.
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First off, I am over three times twelve years of age.
Really, the moral conjecture that gamers throw out there, taking sides and getting personally connected to what is basically just a PR campaign, from both parties, is just really funny.
"Activision is obviously in the right"
-Because they fired the duo? That shows they are right? Not true.
"Going to EA proves that West/Zampella were guilty of theft/tampering"
-Again, wow. The only other company that can afford them hires them, and so it proves something?
"West/Zampella are money grubbing and/or naive"
-Their game made a billion dollars, so they're jerks for wanting their cut?
"Both sides are in the wrong. They're all just grabbing for cash."
-Every major company in the world sues other companies, and is sued. Check how many lawsuits that Microsoft or Apple or any other good company is involved in right now.
These lawsuits are normal. For gamers to even care about this, like it's a sports team that you identify with personally, is very naive, without facts.
Posted: Apr 5th 2011 11:11PM 2late2die said
@i77ogical "For gamers to even care about this, like it's a sports team that you identify with personally"
Wait, wait. So for sports fans to care about what happens with their teams, whether it's in regards to winning/losing or various management decision is okay, but for GAMErs (note the emphasis) to care about GAMEs (I will direct your attention to the emphasis again, just in case) whether it's about the games themselves or their developers, publishers and whatever might be going on behind the scenes is "naive"?
Hi, let me introduce you to Ms. Sing Thepoint.
Reply
Wait, wait. So for sports fans to care about what happens with their teams, whether it's in regards to winning/losing or various management decision is okay, but for GAMErs (note the emphasis) to care about GAMEs (I will direct your attention to the emphasis again, just in case) whether it's about the games themselves or their developers, publishers and whatever might be going on behind the scenes is "naive"?
Hi, let me introduce you to Ms. Sing Thepoint.
Posted: Apr 4th 2011 3:49PM Burnflare said
At this point, both sides of this case are just slimy, money-grubbing fools. It's ridiculous.
Posted: Apr 4th 2011 5:12PM LaurenIsSoMosh said
I'm far from an expert in law, but (assuming the rumors are true) shouldn't Activision be ordered to halt the development of Modern Warfare 3 until a court can decide whether they even have the right to the IP?
It seems to me that them proceeding with development only hints that they're trying to milk it for every last penny before they're not allowed to anymore.
It seems to me that them proceeding with development only hints that they're trying to milk it for every last penny before they're not allowed to anymore.
Posted: Apr 4th 2011 7:39PM sonicspike41 said
@LaurenIsSoMosh
Would it even matter? All they would have to do is change the name of the game and probably some of the characters.
"Call of Duty: Modern Soldier"
Reply
Would it even matter? All they would have to do is change the name of the game and probably some of the characters.
"Call of Duty: Modern Soldier"
Posted: Apr 4th 2011 5:57PM iceveiled said
PSSSST...nobody cares about the 'modern warfare' brand. Just release any shooter, put 'Call of Duty' on the box, and it sells.
These two parties need to just move on.
These two parties need to just move on.
Posted: Apr 4th 2011 6:35PM Dhexodus said
"Don't worry about it. It's impossible for you guys to get fired"
[left alone, the camera pans away over Kotick's shoulder revealing a menacing dark cloud over the horizon through the window]
[left alone, the camera pans away over Kotick's shoulder revealing a menacing dark cloud over the horizon through the window]
Posted: Apr 4th 2011 7:27PM ShivanSwordsman said
Personally, I hope this explodes and drains the resources of all parties accountable. I hold West and Zampella for taking Dedicated Servers out and making it a cheater's matchmaking haven. I don't care if Activision told them to do it. They put the first bullet in online gaming, and now we have "Trusted" Dedicated Servers, which is a new word for "No, you pay US for the right to host our game".
Honestly? They all deserve whatever they get. Kotick and these losers that took a steaming shart on Grant Collier's legacy. Wish you'd come back Grant, and give us back those big fat pipes, but we know you ascended to something better. Or got taken out mafia style.
Honestly? They all deserve whatever they get. Kotick and these losers that took a steaming shart on Grant Collier's legacy. Wish you'd come back Grant, and give us back those big fat pipes, but we know you ascended to something better. Or got taken out mafia style.
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