Ex-Infinity Ward Heads file lawsuit against Activision

Wow....

It would be awesome if they actually get the rights back to CoD: MW as outlined in their lawsuit, but I have a feeling that isn't going to happen.

http://kotaku.com/5485733/ex+infinity-ward-heads-claim-orwellian-moves-by-activision

Thelawsuitfiled against Activision by two ex-Infinity Ward leads alleges that the publisher of its Modern Warfare games carried out an "Orwellian," "pre-ordained" investigation designed to "manufacture a basis to fire" them in order to avoid paying them bonuses.

That suit, filed in the Los Angeles Superior Court on March 3, was filed by founders Jason West and Vince Zampella in an attempt to be paid royalties earned from the release of Call of Duty: Modern Warfare 2 and to regain rights to the Modern Warfare line of games.

West and Zampella's lawsuit claims that Activision is simply trying to withhold (or reduce) bonus payment on the billion dollar selling Modern Warfare 2. In a dig at the publisher's CEO Bobby Kotick, the suit notes this is "not surprising, given that Activision is run by a CEO who has been publicly quoted as believing that the best way to run a videogame studio is to engender a culture of'skepticism, pessimism, and fear'and who prefers to pay his lawyers instead of his employees."

The two are seeking "in excess of $36 million" in damages.

In the suit, Infinity Ward's ousted founders claim that Activision refused to honor its agreements with the development studio, agreements that granted the Call of Duty creatorscreative authorityover "any Call of Duty game set in the post-Vietnam era, the near future or the distant future" and any title under the Modern Warfare brand. No such game, the suit reads, "can be commercially released without the written consent of West and Zampella."

That agreement, legally a Memorandum of Understanding, was signed by West, Zampella, and Activision Publishing president Mike Griffith in March of 2008. That MOU, the lawsuit explains, was signed to induce the two to continue as co-heads of Infinity Ward, grant certain royalty arrangements for Modern Warfare 2 sales and games built on Infinity Ward's technology, and to "ensure that Infinity Ward employees received rewards for their hard work."

The suit against Activision contends that the publisher opted not to honor the MOU or West and Zampella's employment agreement, but to "launch a pre-textual investigation…to create a basis to fire the two co-heads of Infinity Ward before the first Modern Warfare 2 royalty payment would be paid..."

"From the very beginning, it was clear that the purpose of the investigation was not to uncover any facts concerning any actual wrongdoing, but to manufacture a basis to fire West and Zampella," the lawsuit reads.

West and Zampella claim that the publisher refused to explain the basis of the investigation, insisting "in Orwellian fashion" that the two "already have a clear understanding of what they have or have not done."

"Anything less than their full cooperation with the inquisition would constitute 'insubordination," which would justify the firing of Zampella and West.

"Activision conducted the investigation in a manner designed to maximize the inconvenience and anxiety it would cause West and Zampella," the lawsuit claims, alleging that the two were "interrogated for over six hours in a windowless conference room" and that other Infinity Ward employees were "brought…to tears" by Activision investigators.

The ousted Infinity Ward heads believe that the investigation was "a charade," citing "trumped up grounds for termination" and "charges that were disproved in the investigation" at the root of their March 1 dismissal. Activision, they claim, had "already made up its mind" to terminate the two in an attempt to deny them payment.

We've reached out to Activision reps for comment on the suit, but have not yet received a response.

On the one hand, I don't care that these guys got fired. If they were the ones that made the big decisions over the Modern Warefare 2 PC version, as indicated in the article, then they don't deserve their jobs. At least not after this community made them what they are.

On the other hand, I feel bad for these guys because they earned a lot of money for their company regardless of their poor decisions.

[QUOTE="Renevent42"]The story is starting to make a lot more sense. If what the two that were fired are claiming is true, that would make Activision the biggest bunch of d-bags in video game history. I was skeptical at first, but with this latest news and considering the persona of the guy in charge at Activision I wouldn't doubt it. Normally I wouldn't care, but seeing as how Blizzard is in bed with these guys it's starting to worry me a bit...ProudLarry

They definitely are in bed with them, and while they can't control them outright, I'm sure Activision can definetly put serious pressure on them...to the point of impacting their day to day operations.

[QUOTE="ProudLarry"][QUOTE="Renevent42"]The story is starting to make a lot more sense. If what the two that were fired are claiming is true, that would make Activision the biggest bunch of d-bags in video game history. I was skeptical at first, but with this latest news and considering the persona of the guy in charge at Activision I wouldn't doubt it. Normally I wouldn't care, but seeing as how Blizzard is in bed with these guys it's starting to worry me a bit...Renevent42

They definitely are in bed with them, and while they can't control them outright, I'm sure Activision can definetly put serious pressure on them...to the point of impacting their day to day operations.

[QUOTE="Renevent42"]

[QUOTE="ProudLarry"] They're not. Blizzard is just another developer, like IW was. it was Vivendi, Blizzard's former owner and publisher, that merged its video game holdings with Activision and the resulting company was named Activision-Blizzard (which Vivendi still has a majority ownership of) simply because the developer Blizzard was by far Vivendi's largest asset in the deal. Blizzard the Developer and Activision-Blizzard the Publisher aren't the same people. Well anyway, good luck to the IW people. ProudLarry

They definitely are in bed with them, and while they can't control them outright, I'm sure Activision can definetly put serious pressure on them...to the point of impacting their day to day operations.

If anyone is interested, Activision answered.

http://kotaku.com/5485843/activision-disappointed-by-infinity-ward-founders-meritless-lawsuit

The world's biggest video game publisher doesn't take allegations of "Orwellian" investigations and unfair dismissals in silence. Activision has responded to the lawsuit filed by Jason West and Vince Zampella, the ousted former heads of Modern Warfare 2-maker Infinity Ward.

"Activision is disappointed that Mr. Zampella and Mr. West have chosen to file a lawsuit, and believes their claims are meritless," the company said in a statement e-mailed to Kotaku by a spokesperson. "Over eight years, Activision shareholders provided these executives with the capital they needed to start Infinity Ward, as well as the financial support, resources and creative independence that helped them flourish and achieve enormous professional success and personal wealth.

"In return, Activision legitimately expected them to honor their obligations to Activision, just like any other executives who hold positions of trust in the company. While the company showed enormous patience, it firmly believes that its decision was justified based on their course of conduct and actions. Activision remains committed to the Call of Duty franchise, which it owns, and will continue to produce exciting and innovative games for its millions of fans."

West and Zampella, who were fired by Activision from the company's Infinity Ward studio on Monday for as-yet undisclosed "insubordination," are seeking in excess of $36 million. G4, which broke the news of the brewing trouble at Activision, reported today that Activision is seeking documents regarding West and Zampella's communications with other companies, including Activision rival Electronic Arts. As recently as last month, Activision CEO Bobby Kotick (pictured above) made it clear there was no love lost between his company and EA.

Kotaku

Yea im sure they had all the ''creative independence'' they wanted, judging from the article on Activision not initially wanting modern warfare but rather another WW2 shooter. They must have obtained their independence by biting and clawing constantly at Activision, which is hardly what i would call given independence from Activision. Activision acts as if what they did for IW was actually something special.

We have yet to see what this case of insubordination really is...

There's such a dearth of information here it's really impossible to form any concrete opinions...I will say the timing of the firings are mighty convenient for Activision, though.Renevent42

If that is true, I hope west and zampella win the lawsuit and retain their rights to the CoD franchise. Now THAT would cripple acti-blizz.

[QUOTE="Renevent42"]There's such a dearth of information here it's really impossible to form any concrete opinions...I will say the timing of the firings are mighty convenient for Activision, though.kevy619

im glad these guys arent going down without a fight, COD is their baby and they deserve all credit for it

boycott activision now!!!!!!

[QUOTE="kevy619"]

[QUOTE="Renevent42"]There's such a dearth of information here it's really impossible to form any concrete opinions...I will say the timing of the firings are mighty convenient for Activision, though.Renevent42

Activision and IW can burn in...

[QUOTE="Renevent42"][QUOTE="kevy619"] well we all know activision is run by idiots, infinity ward tried to protect their work yet activision wants a call of duty every year. They released 11 guitar hero games in a year then fired a bunch of people when they got stale... these guys are fools. How can you blame infinity ward for wanting to do something different, they could see the writing on the wall, and it was obvious that as soon as call of duty was stale infinity ward would be gone.

ironman388

No, they make money because they are smart. Renevent42

They make money, but it's hardly because they are smart... It's more because they would sell their own mothers if they could.

http://www.gamespot.com/news/6251454.html

Points I will highlight from the article from Mr. Bobby himself.

Giant blunder 1

[12:06] An an example, Activision almost bought Maxis at a time when the studio was dealing with Sim City 2000's troubled development.

[12:07] Will Wright invited him to check out a secret project called "Jefferson," but he was so put off by Sim City 2000's problems he passed.

[12:07] Yes, Jefferson was The Sims. Oops

Blunder 2

[12:07] Kotick also regrets not buying Harmonix when they were developing Guitar Hero.

[12:08] "The thought of going up to Boston to check out this crazy developer didn't even occur to us."

Giant freaking blunder 3

[12:10] Kotick was also offered the chance to buy Blizzard in the 1990s for $7 million, and then in the early 2000s for $700 million.

[12:10] "I took a look at World of Warcraft and I thought, 'Who would want to buy a subscription to that?'"

[12:10] "So, of course we ended up merging with them in 2008 when they were worth $7 billion."

All those 3 kinda scream they don't really know the industry to me. Blizzard specifically wasn't really a hard call considering everything they touched came out golden since warcraft. Apparently before WoW he never heard of Everquest, Ultima online or mmos.

This makes me lose all respect for Activision. I checked their website a couple of days ago, and they still - as far as I can tell - have not published a patch for Prototype.

It looks like Activision does not care about all of the users with XP, because Prototype causes a slew of problems for XP users.

Oh please, lol. Yeah ok folks, they really are just a bunch of drooling morons.

Look, I hate Bobby too and I don't like his practices (or what I have heard of them), but If you really think they are stupid, it's time to look in the mirror.

Oh please, lol. Yeah ok folks, they really are just a bunch of drooling morons.

Some of you are hilariously stupid...I think you guys should read the bios (including Bobby) of the people in charge there...it's certainly not a bunch of monkeys throwing poop at each other.

Look, I hate Bobby too and I don't like his practices (or what I have heard of them), but If you really think they are stupid, it's time to look in the mirror.

Renevent42

So that's your argument? Insults? No one is saying they are a bunch of drooling morons, just that they hardly are as smart as you praise them to be. At least when it comes down to knowing the industry which should actually be something you know if you intend to be part of it.

It's not rocket science to understand how those corporations make money, you offer a service for the maximum price possible at the lowest expenses possible and crush any competition in your way via dirty moves. With enough marketing you can sell almost anything, once you got a large capital, it's pretty freaking easy to sit back and watch it grow unless you screw up really bad. It's even easier when you just make money off other people's work which is pretty much the bread and butter of publishers.

[QUOTE="Renevent42"]

Oh please, lol. Yeah ok folks, they really are just a bunch of drooling morons.

Some of you are hilariously stupid...I think you guys should read the bios (including Bobby) of the people in charge there...it's certainly not a bunch of monkeys throwing poop at each other.

Look, I hate Bobby too and I don't like his practices (or what I have heard of them), but If you really think they are stupid, it's time to look in the mirror.

Cenerune

So that's your argument? Insults? No one is saying they are a bunch of drooling morons, just that they hardly are as smart as you praise them to be. At least when it comes down to knowing the industry which should actually be something you know if you intend to be part of it.

It's not rocket science to understand how those corporations make money, you offer a service for the maximum price possible at the lowest expenses possible and crush any competition in your way via dirty moves. With enough marketing you can sell almost anything, once you got a large capital, it's pretty freaking easy to sit back and watch it grow unless you screw up really bad. It's even easier when you just make money off other people's work which is pretty much the bread and butter of publishers.

You guys are calling them stupid...that's ridiculous. That's something idiots say. And I am not praising them...I think Bobby is a bad, bad man. But I don't need to pretend he is some kind of idiot to disagree with his methods. Anyways, your second paragraph sounds like something from a cartoon... Good grief, is that what kids these days actually think? The money just rolls in huh? Maximum price! Lowest expense! That's it! Viola! :lol: Renevent42

Go ahead, find me where we called them stupids. Once again you do a stellar job at providing anything to back up your claims.

Being smart is about knowing when to take an opportunity and exploit it, in a tasty way so you don't hurt your reputation for long term business. All that is said in this thread in case you lack the reading comprehension is that they hardly do a stellar job as a publisher as you seem to think. Just wait until they run down call of duty as a franchise after milking it dead as they did with guitar hero and see if the Activision part of Activision-Blizzard go somewhere. If you run down your developpers, force them into milking business, fire them when the trend is over, who the hell will look forward to being owned by Activision in the future?

It's a growing industry, with large demand for now, it's also bound to change at some point. Again congratulation on failing to read, I said at some point money just rolls in, that's how publishers work. A publisher's job is to provide the funds for developers to make a game, they lend you money and hope you make a good game out of it. When they have successes they take their astronomically ridiculous cut out of the profits and fund more games.

The person I was initially responding to CLEARLY called them idiots. Once again you say nothing of relevance or that holds any real insight.

Also, not once have I said what the do is stellar or anything of the sort...I believe it's YOU who has reading comprehension problems.

Anyways, I'm sure all the big publishers should come knocking on your door any day, since you obviously are such a savvy business man and got this publisher game on lockdown :lol:

The person I was initially responding to CLEARLY called them idiots. Once again you say nothing of relevance or that holds any real insight.

Also, not once have I said what the do is stellar or anything of the sort...I believe it's YOU who has reading comprehension problems.

Anyways, I'm sure all the big publishers should come knocking on your door any day, since you obviously are such a savvy business man and got this publisher game on lockdown :lol:

Renevent42

Then maybe you should start quoting when you answer a guy in the first few posts and you clearly called out a group of people here if you read your own posts.

Maybe stellar is a big word, in which i might not have used correctly but calling them smart also is a gross exaggeration which is misleading.

Apparently i know more than you and you obviously are a savvy business man yourself, hiding your vast knowledge of the video game industry behind cool lines and insults. If you have any insight to enlighten us, please do share, although from this discussion it doesn't really seem like you have an argument or a point to start with and just parade yourself like a prom queen.

Excuse me sir, I did quote the person I was responding to. YOU jumped into what I was saying. Anyways, this conversation has run it's course.Renevent42

First page, bottom post, which at the time i replied was not editted.

Hmm funny, i don't see a quote there. In case you forgot what you wrote, it's quoted on the very top of this page in my post thank you very much.

the outcome of this lawsuit should prove interesting. i'd like to see how Activision squeeze its way out in between the MOU.

I hope they r@pe Activision for all they can get.

man I hope they win (the ex IW heads) I never really cared much for the series, but I do acknowlage that they were able to make games.

Would be so sad to see activision (a corperation I greatly dislike) walk away laughing.

What's funny is that this comes right after Activision admitted in a financial press briefing that their company's biggest problem is that it overwhelmingly relies on only three franchises for the majority of it's income (those three franchises being WoW, GH, and COD). If Activision loses COD they're going to take a massive hit, especially since Guitar Hero is a dying franchise that probably won't be profitable in another year or two. On top of all that WoW's growth has stagnated.

Anyway, I'm inclined to believe IW's fired execs over Activision. IW's story is very specific and fits with the facts, whereas Activision's rebuttal is extremely vague, as is their reason for firing the execs.

Serves both of them right.

Activision's formal response:

"Activision is disappointed that Mr. Zampella and Mr. West have chosen to file a lawsuit, and believes their claims are meritless," an Activision spokesperson said in a statement. "Over eight years, Activision shareholders provided these executives with the capital they needed to start Infinity Ward, as well as the financial support, resources and creative independence that helped them flourish and achieve enormous professional success and personal wealth."

"In return, Activision legitimately expected them to honor their obligations to Activision, just like any other executive who holds a position of trust in the company," the statement reads. "While the company showed enormous patience, it firmly believes that its decision was justified based on their course of conduct and actions. Activision remains committed to the Call of Duty franchise, which it owns, and will continue to produce exciting and innovative games for its millions of fans."

there's nothing mentioned regarding the unpaid royalties.

[QUOTE="Renevent42"]Excuse me sir, I did quote the person I was responding to. YOU jumped into what I was saying. Anyways, this conversation has run it's course.Cenerune

First page, bottom post, which at the time i replied was not editted.

Hmm funny, i don't see a quote there. In case you forgot what you wrote, it's quoted on the very top of this page in my post thank you very much.

What are you even talking about? I was responding to people calling them idiots, then you jumped in, then you claimed nobody called them stupid...lol.Renevent42

Good lord man... are you that dense? Yes someone called them idiots, my mistake. My point is.

You posted twice after this one guy but waited until your third post to adress the ONE guy as ''people'' and i quote''some of you guys are hilariously stupid'' right after i said they are hardly smart in their business decisions.

Seriously read your own post again and in order, it's hard for me to not take it personnaly when you aren't quoting anyone in particular and responding to one guy as if you were adressing a crowd. If you wanna call him stupid, be my guess but quote him and adress him personally, not the whole crew in the thread so this kind of **** we're discussing right now don't happen.

[QUOTE="Renevent42"]

What are you even talking about? I was responding to people calling them idiots, then you jumped in, then you claimed nobody called them stupid...lol.Cenerune

Good lord man... are you that dense? Yes someone called them idiots, my mistake. My point is.

You posted twice after this one guy but waited until your third post to adress the ONE guy as ''people'' and i quote''some of you guys are hilariously stupid'' right after i said they are hardly smart in their business decisions.

Seriously read your own post again and in order, it's hard for me to not take it personnaly when you aren't quoting anyone in particular and responding to one guy as if you were adressing a crowd. If you wanna call him stupid, be my guess but quote him and adress him personally, not the whole crew in the thread so this kind of **** we're discussing right now don't happen.

West and Zampella, IW and Activision all deserve to burn.

However, the idea of Activision getting a boot up their arse would be far more satisfying.

The way I see it:
First and foremost Activision has already established a horrible reputation, it speaks for it's self. Activision never provided any concrete reasons why these two were fired, other then a few murky reference's about breach of contract and unhonored Obligations. Now we see announcements about new license milking CoD spin-offs. OK 2 + 2 = 4, I can only assume that Activision decided they were gonna dilute and milk the franchise for all it was worth, and Zampella and West wouldn't play ball. So Activision's lawyers find some obscure stipulation in there contracts as grounds to terminate them, thus removing any resistance to IW's direction, and saving them tons in royalties. I seriously hope Zampella and West manage to save Infinity Ward, get what they're owed, and most of all (which won't happen, but it would be nice to see) an apology from Activision.