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Law of the Game analyzes ex-IW bosses' suit against Activision
[Maveric2003] When various legal fracases arise from time to time, we turn to Law of the Game's Mark Methenitis, an actual, real lawyer, for thorough analysis. So, Methenitis kindly looked over the full complaint filed against Activision by ex-Infinity Ward heads Jason West and VInce Zampella, and then described to us the importance of the little things: the wording of the contract between the two ex-heads and Activision, the financial implications of the possible loss of the Modern Warfare name (for either side), and the ... shall we say, flamboyant ... language used in the document itself. According to Methenitis, the complaint's colorful phrasing is "for dramatic effect and little more." Methenitis pointed out in an email exchange with Joystiq that "readers shouldn't place too much emphasis on the language in the facts" and that the story told by the claims "sounds like a relatively common 'business deal gone bad' kind of suit." As for this particular case, though, he allowed, "Granted, based on the value of Call of Duty and Modern Warfare, the stakes are high both for the royalties and future creative control of the brand." (Methenitis here is referring to the ex-studio heads' allegation that Activision had handed over creative control of all Modern Warfare-branded games, part of the "Memorandum of Understanding" that was agreed upon between the two parties before the creation of Modern Warfare 2.) The stumbling block for West and Zampella, Methenitis said, could be in the wording of the memorandum. "That [receiving their royalties and retaining control of the Modern Warfare name] may be more problematic if the wording of the Memorandum of Understanding isn't such that it can be enforced as a contract," he said, adding, "Given the context and description in the suit, it seems like the term 'Memorandum of Understanding' in this case is just a fancy title for a contract rather than a less-than-enforceable agreement similar to a Letter of Intent." (Head past the break for Methenitis' full analysis.) While Methenitis wouldn't weigh in on the possible end result of this suit, Wedbush Securities analyst Michael Pachter mentioned in his latest report that, "We think that West's and Zampella's claim for creative control over the Call of Duty and Modern Warfare brands has little merit, and we expect Activision to retain control over the brands." One thing's for sure, if a messy lawsuit does get underway (and isn't settled out of court like so many are), we'll assuredly catch wind of more dirty laundry.
Activision/Infinity Ward court documents detail ex-studio heads' many, many complaints
[bloomsberries] Beyond a statement released by ex-Infinity Ward heads Jason West and Vince Zampella's lawyer yesterday detailing the lawsuit the two are filing against Activision, we've seen little in the way of back history on the various events that lead us to the debacle we're seeing this week. This morning, though, Joystiq obtained the entire 16-page court document (gallery-ized below for you) that details, among many other things, the ex-employees' complaints about Activision in the wake of their untimely departure. The initial claim of unpaid royalties is represented in the documents, even going as far as to claim that the publisher fired West and Zampella just weeks before having to pay out said royalties. "Activision fired them in hope that by doing so, it could avoid paying them what they had rightfully earned, and to seize control of the Infinity Ward studio, to which Activision had previously granted creative control over all Modern Warfare branded games," the document reads. In the history lesson portion of the complaint, it's revealed that Activision allegedly purchased the studio for just $5 million originally (in two different chunks), and the Call of Duty franchise (including Treyarch-developed titles) has earned over $3 billion since 2003. Finally, the complaint claims that, before Infinity Ward agreed to develop Modern Warfare 2, the then-studio heads "were not eager to extend their employment" as Activision had apparently begun demanding a more constant development pace at the studio. "Despite assurances by Activision that West and Zampella would have complete freedom to run Infinity Ward as an independent studio, Activision had begun to intrude upon Infinity Ward's ability to create quality games. For example, Activision forced Infinity Ward's employees to continue producing the games at a breakneck pace under aggressive schedules, and West and Zampella were concerned that Activision was emphasizing quantity over quality." Regardless of the veracity of these allegations, it would certainly appear that the gloves have come all the way off. We'll have a more thorough breakdown of the entire document later today, but for now you can see it in its entirety below. %Gallery-87508%
Activision 'disappointed' by Zampella and West's lawsuit, calls it 'meritless'
Activision has issued a response to the lawsuit filed by former Infinity Ward bosses Vince Zampella and Jason West, dismissing the claims in the lawsuit as "meritless" and expressing the company's "disappointment" in the decision to file suit. Activision notes in the statement that it provided the capital required to start Infinity Ward, and the continued financial and creative support given over the development of the Call of Duty franchise, and that the two execs failed to "honor their obligations to Activision," justifying their dismissal. With the mentions of the company's "enormous patience" and its eventual "disappointment," the full statement (which you can read after the break) sounds oddly parental. The release concludes with a note that Activision owns the Call of Duty franchise -- though the title Modern Warfare isn't mentioned.
Ousted Infinity Ward founders file suit against Activision
Former Infinity Ward heads Vince Zampella and Jason West are bringing a lawsuit against Activision for breach of contract and other claims, after Activision terminated their employment on March 1. The press release announcing the suit claims that Activision was scheduled to pay "substantial royalty payments," but fired them before the date of the payment. "Instead of thanking, lauding, or just plain paying Jason and Vince for giving Activision the most successful entertainment product ever offered to the public," attorney Robert Schwartz said, "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." In addition to compensation, the suit seeks to return the contractual rights Zampella and West previously had to the Modern Warfare brand. [Thanks Amnon!]
Activision confirms Infinity Ward studio heads' departures; Publishing execs take over
According to the official statement we've all been waiting for, Activision has announced that Infinity Ward heads Jason West and Vince Zampella are no longer with the studio. Activision Publishing chief technology officer Steve Pearce and head of production Steve Ackrich will head up the development house on "an interim basis." Furthermore, Call of Duty-related business will now be overseen by Philip Earl (now ex-head of Activision's Asia-Pacific region). We first heard rumor of the Infinity Ward shakeup in the wee hours this morning and saw a few clues throughout the day regarding the two, now ex-Infinity Ward heads. While Activision's formal announcement is certainly confirmation of the sudden changes, it lacks any real explanation. We've put in word to both Infinity Ward and Activision to learn more about the future of the studio and what caused the apparent schism.
Activision ousts Infinity Ward studio heads [update]
G4's The Feed, which has been in communication with a source at Infinity Ward, reports that organizational changes may be in effect at the FPS developer's offices. The source claims that a "bunch of 'bouncer-types' just showed up outside of the Infinity Ward offices unannounced. When approached by employees, the non-uniformed 'bouncers' were unwilling to disclose why they were there." In addition, The Feed notes that Infinity Ward's studio heads, Vince Zampella and Jason West, were not seen by fellow staff members after a meeting with Activision on Monday morning. A desk guard at Infinity Ward's offices was unable to confirm any of the events to Joystiq, and calls to community manager Robert Bowling went unanswered at the time of writing. Apparently, on Monday Activision filed a Form 10-K with the SEC, which is basically an overview of the company's financial condition, and includes any information that could possibly affect that condition. This filing states, "In November 2009, the Company released Call of Duty: Modern Warfare 2, a game developed by one of the Company's wholly-owned studios, Infinity Ward. As noted above, Modern Warfare 2 was the best selling console title in the U.S. and Europe in 2009. Consistent with past practice, the Company intends to release a Call of Duty game in 2010 developed by another wholly-owned studio. The Company is concluding an internal human resources inquiry into breaches of contract and insubordination by two senior employees at Infinity Ward. This matter is expected to involve the departure of key personnel and litigation. At present, the Company does not expect this matter to have a material impact on the Company." Co-studio head Jason West has reportedly changed both his Facebook status and LinkedIn page to indicate that he is no longer employed. As soon as we get more news, we'll pass it along. Update: Activision has confirmed the departures of Vince Zampella and Jason West. Read here for more details. [Thanks to everyone who sent this in!]
VGA 2009: Infinity Ward on Medal of Honor, glitches
This past Saturday brought us the Spike TV Video Game Awards and – before experiencing the litany of world exclusives that awaited us inside – we spent some time outside cruising the red carpet and talking (briefly!) to many of the game developers and talent. We squeezed them for information as fast as we could while simultaneously wishing them holiday cheer and good tidings. Yes, it was as awkward as it sounds. Here's what we learned from Vince Zampella and Jason West from Infinity Ward about Modern Warfare 2. So what do you all think about Medal of Honor going Modern Warfare? Vince Zampella: Eh, good for them! You're not saying, "Hey, this is our territory." Vince: Nah. Since the game shipped a month ago, Infinity Ward has been squashing bugs and reading feedback. Vince: Absolutely. The benefit of making a game that all of our guys love to play is that all of our guys are playing it, and they're running into the same problems that any other player is, so we want to get that stuff fixed as soon as possible. Jason West: Yeah, the studio has been shut down for all of December, but these guys are playing the game and they want to come in on their own time to fix it and patch it. Considering that they're all on vacation, the responsiveness of the team has been pretty awesome. [Note: based on the new unlimited ammo glitch, they still have some work to do. Unless there's a Christmas miracle] Has anything really surprised you with multiplayer? Vince: Well, yeah .. the Javelin thing, obviously [laughs]. Just the fact that somebody picked that out. Jason: And the infinite Care Package one is pretty impressive, I mean you have to do this, do that and ... Vince: I could see you accidentally doing it, but then how do you figure out how to go back and replicate it? That's crazy. So if there's a Modern Warfare 3, what can you possibly pack in to top the Night Vision Goggles? Vince: This time we'll have a version that comes with a complete tank. Jason: Yeah, or a full-sized Ghillie suit would be awesome, too.
Infinity Ward: Activision didn't want Call of Duty to go Modern
Activision's always been a company with a finger squarely placed upon the pulse of the gaming culture. It knows what we need -- and what we need is more World War 2-based first-person shooters. Call of Duty's part-time developer Infinity Ward struggled with that notion for years according to a recent Official PlayStation Magazine interview with Ward's Vince Zampella. If Activision had its way, Zampella explained, Modern Warfare probably never would have happened. Whoa, did anyone else just get a really weird chill down their spine? Zampella said Activision "thought working on a modern game was risky," and went so far as to conduct "market research" supporting its fears to quell Infinity Ward's desire for modernization. We're not sure which market Activision surveyed, however, as Call of Duty: Modern Warfare moved over 14 million units. We bet the publisher talked to WWII veterans. "Yeah, our war was the coolest! Kids today with their AC-130s. That's not fightin'. That's just flyin' a big, bomb droppin' robot kite."
Interview: Modern Warfare 2's Vince Zampella
Inifinity Ward studio head Vince Zampella was exhausted, but in a good mood, by the time we caught up with him at a Modern Warfare 2 multiplayer event last night. Zampella's been working on one of the most anticipated sequels ever, after all. (GameStop has its fingers crossed for a slice of what could be the "bestselling title of all time.") After the break, Zampella shares his feelings about straddling two brands, Call of Duty and Modern Warfare; the Wii port of the original Modern Warfare; and World at War's Zombie Mode. And, of course, he's got a few words to share about Modern Warfare 2 itself. Read on.
