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Judge: Activision's suit against EA and former IW heads can proceed
A California judge has ruled that the lawsuit filed by Activision against former Infinity Ward studio heads Vince Zampella and Jason West can move forward. EA originally filed to dismiss the case after Activision claimed that its rival colluded with West and Zampella while they were still under contract, but California Superior Court Judge Elihu Berle decided today that there was enough evidence for the case to go on towards trial. EA can still file a request for a summary judgment, so there's still one more option for the courts to reject Activision's claims of collusion and avoid actually going to trial. If that request isn't filed or the judgment doesn't eventually pass, then the lawsuit itself is set to go to trial in May of this year.
Activision successfully adds EA to countersuit, redacted email suggests MW2 map pack delayed for Bad Company 2 launch
Late last month Activision filed a motion to amend its countersuit against Vince Zampella and Jason West; specifically, it sought to include Electronic Arts as a cross-defendant after discovering that its largest competitor had schemed to "inflict serious harm on the company." Today we learned that Activision's request has been approved and Electronic Arts – and the $400 million request for "actual and punitive damages" – has been officially added to the existing countersuit. Also added, or in this case removed, from the cross-complaint: the protective order responsible for many of the redacted sections that Activision insisted were "not truly 'confidential,' but merely embarrassing and damaging to Electronic Arts and its co-conspirators."%Gallery-114781%
THQ nearly signed Respawn, but IP ownership was a deal-breaker
THQ vice president Danny Bilson recently told Wired about a potentially powerful, but ultimately thwarted partnership the company sought early last year, with ex-Infinity Ward heads Vince Zampella and Jason West's new ensemble, Respawn Entertainment. According to Bilson, the deal almost went through, though one point in the THQ contract was a deal-breaker for the young developer: Respawn wanted ownership of any IP it created while in the publisher's employ. "My responsibility to our stockholders and to my CEO and the company is to build an IP library," Bilson explained, adding that granting their request would "open the doors for everyone else to say, 'I wanna own it too.'". Zampella corroborated Bilson's story, explaining, "As for the IP ownership, frankly, after what we'd just been through with Activision, owning the IP we were going to create was important to us." We can't possibly imagine why.
EA calls Activision's legal claims 'deliberate misdirection'
In light of last night's revised lawsuit announcement by Activision, Electronic Arts corporate spokesperson Jeff Brown responded on behalf of his company, characterizing the announcement to the LA Times as "a PR [public relations] play filled with pettiness and deliberate misdirection." The revised suit added EA as defendants in the case between Activision and West/Zampella, citing several alleged interactions between the ex-Infinity Ward heads and EA, a relationship said to have been fostered by talent agency CAA. Brown continued, accusing Activision of attempting to "hide the fact that they have no credible response to the claim of the two artists who were fired." He further contends that West and Zampella "now just want to get paid for their work." Unfortunately, it seems for all parties involved that this whole affair is a bit far beyond the basic reconciliation point.
Activision claims EA and former IW execs schemed to 'inflict serious harm on the company'
Following last March's lawsuit filed by ousted Infinity Ward execs Jason West and Vince Zampella against former employer Activision, and Activision's countersuit filed the following month, Activision has filed a motion to amend its countersuit based on new evidence born of the discovery phase. What kind of evidence? Namely that "Electronic Arts conspired with two former senior Activision executives, West and Zampella (the "executives") to derail Activision's Call of Duty franchise, disrupt its Infinity Ward development studio, and inflict serious harm on the company." As a result, the lawsuit now includes Electronic Arts as a cross-defendant and is asking for $400 million in "actual and punitive damages from EA and the former executives, including profits Activision would have made but for EA's interference, costs incurred in rebuilding the affected studio, and damages suffered as a result of delays and disruptions." Activision is also asking the court to allow it to "recapture compensation previously awarded to its faithless executives" and, even more notable, "to prevent Electronic Arts and the former executives from benefiting from their illegal conduct." The 39-page document details the history of Infinity Ward, the Call of Duty franchise and the public termination of its two founders, West and Zampella. It seeks to prove that West and Zampella colluded with Electronic Arts, despite having more than two years on their employment contract. The suit reveals that, following a private meeting in August 2009 at EA CEO John Riccitiello's house in San Francisco -- coordinated by CAA agent and former Xbox face Seamus Blackley -- CAA enlisted the help of lawyer Harold Brown to evaluate their employment contracts. Brown was ostensibly chosen because he is a "former Activision board member and former legal counsel to Activision."
Respawn Entertainment 'starting at absolute zero' with EA Partners
A recent interview by Eurogamer with EA Partners boss David DeMartini offers some good perspective on the actual state of Respawn Entertainment. For those just joining us, Respawn is the studio created by Jason West and Vince Zampella, former heads of Call of Duty: Modern Warfare studio Infinity Ward, after an uncomfortably public break-up with Activision earlier this year. DeMartini says, "I know everybody is going to say, 'Well what are they working on?' The thing everybody needs to remember is they were starting at absolute zero." DeMartini explains that when EA took the pair on they didn't have a workspace, furniture, HR or any of the basic administration that goes into a development house. The executive claims to have no idea what the duo is working on -- and if the dude fronting the cash doesn't know, it'll be quite a wait before the public finds out. In comparison, Insomniac's multi-platform project with EA seems to be coming along more rapidly, with DeMartini expecting its unveiling much sooner.
Respawn duo, Richard Garriott speaking at QuakeCon 2010
The official schedule has been announced for this year's QuakeCon, which is taking place August 12-15 in Dallas, Texas. In addition to the usual id gallery, none other than Jason West and Vince Zampella of the newly formed Respawn Entertainment will be in attendance. The ousted Infinity Ward heads will sit on a panel the Friday morning of the conference called "Building Blockbusters," talking with Tim Willits and Tom Howard of id and Bethesda about how to make big games (like the "huge summer blockbuster" they're supposedly working on). Todd Alderman, also of Respawn, will sit on a panel the previous day speaking about "The World of Design" with a few other developers. Elsewhere in the schedule, John Carmack and Richard Garriott will hold court on Thursday evening discussing rockets and space travel, and Friday and Saturday afternoons will bring preview panels for RAGE and Brink. Sounds like an excellent weekend of FPS gaming -- so if you're in Dallas (or plan to be there), the event is free and open to the public.
Report: Infinity Ward suit updated, claims Activision created 'police state'
According to Kotaku, an amended version of the lawsuit filed by 38 former and current Infinity Ward developers against Activision was recently submitted to a California court. The suit uses a bit stronger language when describing the policies of the monolithic publisher, claiming its agents created a "police state" atmosphere while IW worked on Modern Warfare 2, and would regularly conduct "interrogations" of the studio's members. Despite the increased intensity of these claims, the group has reduced the amount of punitive damages and unpaid bonuses sought from half a billion dollars to $216 million. A trial date for the Infinity Ward Employee Group's case against Activision (and possibly West and Zampella's case, should the judge decide to consolidate the suits) is currently set for May 23, 2011.
Respawn picks up four more Infinity Ward vets
Out of the four ex-Infinity Ward employees discovered today to be taking up positions at Respawn Entertainment, the new home of former IW heads Jason West and Vince Zampella, two held senior positions and all four are currently members of the "Infinity Ward Employee Group" suing Activision for millions of dollars. Preston Glenn ("designer"), Chad Grenier ("senior designer"), Sean Slayback ("game designer"), and Zied Rieke ("lead designer) have all confirmed on LinkedIn to have made the quick switch from their former bosses' studio to their new, EA-backed startup. According to G4's report, the tally of Infinity Ward employees that have joined West and Zampella's still nascent studio is up to 16 as of today. The studio has seen a flood of employee vacancies in the wake the co-founders' firings early last month, and a not-so-surprising recent rush of ex-IW developers jumping on to Respawn's staff. West and Zampella's new dev house has yet to announce any projects but, well, all those employees have gotta be up to something.
Infinity Ward holdouts to receive extra helping of bonuses, says Activision's Amrich
Activision's newly hired community man Dan Amrich took to a Facebook forum recently to spell out the bonus situation for the remaining employees at troubled Modern Warfare 2 developer Infinity Ward. Develop spotted Amrich's information-laden responses, which echo and expand on claims made by Activision in its suit against former IW heads Vince Zampella and Jason West (we've clipped the pieces of the lawsuit pertaining to the bonuses and dropped them after the break for you). Specifically, Amrich says that employees who have left IW will not be receiving a cut of West and Zampella's now forfeited bonuses -- bonuses for Modern Warfare 2 were never paid, apparently. "Vince and Jason had very large bonuses; those bonuses are being redistributed to everybody else, to the people who did not allegedly attempt to steal company secrets," Amrich explains. "Activision is not pocketing that bonus money; it's still going to the people who work at IW. But you have to work at IW to get it, see? I don't want to see talented people screwed out of a paycheck any more than you do."
Report: Four more Infinity Ward employees leave studio
Lead designers Zied Reike and Steve Fukuda, as well as programmer Rayme Vinson, have left ailing Modern Warfare 2 developer Infinity Ward, according to "sources close to the studio" speaking with Kotaku. Additionally, lead artist Chris Cherubini is confirmed to have left the studio. And yes, folks, this is the second story we've written today about developers exiting the Activision-owned dev house, bringing the number of employee departures since studio co-founders Jason West and Vince Zampella were fired up to nine in total. As with other developers that left IW recently, little information has been given as to where everyone will end up -- none have been confirmed as moving to West and Zampella's newly formed Respawn Entertainment as of yet. Regardless, if previous reports about low studio morale and unpaid royalties were true, we wouldn't be surprised to see quite a few more IW departures in the near future.
Interview: Vince Zampella and Jason West talk Respawn Entertainment
Today we spoke with recently laid off Infinity Ward cofounders Vince Zampella and Jason West about their new project, Respawn Entertainment, and their new partner, Electronic Arts. While there's no game to promote just yet, and no physical location determined for the new studio, and just two employees battling it out for Employee of the Month, there's still plenty to talk about -- including the best magician-themed analogy we've heard in awhile. Read on!
Respawn Entertainment announced by ex-IW heads, partnering with EA
digg_url = 'http://www.joystiq.com/2010/04/12/respawn-entertainment/'; We learned on Friday that ousted Infinity Ward co-founders Jason West and Vince Zampella planned to have an announcement "very soon" concerning their "creative future" – and now, at 9am ET the following Monday, they've issued a press release announcing Respawn Entertainment, a new development studio that will give West and Zampella ownership of the games they create. "We have learned the hard way," Zampella told the LA Times, "that the best way to ensure the integrity and quality of your work and make sure the fans get what they deserve is to own the intellectual property." But West and Zampella aren't going it alone; the pair have teamed up with (who else?) Electronic Arts through its EA Partners business. EA Games Label prez Frank Gibeau said, "This is the start of a great publishing partnership -- one that I expect will develop blockbuster game franchises ... At EA, we're honored to be their partners and to give them the support they need to hire a team and return to making incredible games." In addition to handling future publishing duties, EA is funding the new developer "with several million dollars in seed capital," LA Times reports. That's unusual for a developer that's retaining the intellectual property rights to its games. "What makes Vince and Jason's deal so ground-breaking is that EA is investing in them as individuals, not as part of a larger, established company," the pair's agent (and former Xbox pitchman) Seamus Blackley told the Times. Of course, neither West nor Zampella would comment on what Respawn will be working on or what genre it might land in (military shooter, anyone?), but West did say it would be of the "huge, summer blockbuster" variety. Did you expect anything less? [Update: Activision issued the following statement following the announcement of Respawn Entertainment: "This agreement comes as no surprise to Activision given the myriad of improper activities detailed in the cross-complaint filed on Friday against Jason West and Vince Zampella. We look forward to continuing to work with Infinity Ward's deep bench of proven talent on exciting new projects."] [Update 2: We spoke with West and Zampella about Respawn – read our interview here.] Source: Jason West and Vincent Zampella's new call of duty [LA Times] Source: Jason West and Vince Zampella Form 'Respawn Entertainment' [press release]
Ousted Infinity Ward founders 'plan to have an announcement very soon,' lawyer says
"Since being fired by Activision, Jason and Vince have taken steps to regain control over their creative future and plan to have an announcement very soon," Robert M. Schwartz, attorney for ousted Infinity Ward studio heads Jason West and Vince Zampella, told IGN. Responding to the claims made by Activision in the countersuit filed today, Schwartz described Activision's statements as "false and outrageous" and argued that, while West and Zampella did in fact hire a Hollywood agency to represent them and consider spinning off the studio, both of those actions were driven by Activision. Their rationale for hiring the Creative Artists Agency was only to "advise them in their negotiations with Activision, and not to breach their contract," and it was Activision itself who came up with the original spinoff plans for the studio, Schwartz said. Even if the claims were true, says the attorney, West and Zampella's actions haven't "had any negative affect on Activision -- none," before pointing out that "Modern Warfare 2 has been the world's most successful video game." Schwartz says that West and Zampella "would still be at Infinity Ward developing new games" if Activision hadn't "kicked them out." With plans to announce something "very soon" relating to their "creative future," we expect them to be back to developing new games. Just not at Activision, of course. And under an umbrella of legal intrigue. Full statement after the break:
Activision countersuit against Zampella and West seeks money back, alleges multiple acts of insubordination
Beyond the details we heard in the LA Times report from earlier today, Joystiq has obtained the entire 23 page complaint this afternoon (filed against former Infinity Ward co-heads Jason West and Vince Zampella by Activision), which details the publisher's claims about the duo's insubordination during employment. The claims detailed therein range from refusing to meet with Activision executives, to "engaging in a campaign to portray Activision and its management in a negative light to IW employees in an effort to solicit those employees," to slowing pre-production of Modern Warfare 3 as leverage in ongoing discussions with Activision. The suit even says that West and Zampella "refused to sign standard exit documents representing that they had returned all Activision property, including computer code, and would honor the confidentiality obligations that they have to Activision." Further, Activision claims that "on numerous occasions and during critical final stages of game development," West and Zampella threatened to stop production on last year's Modern Warfare 2 "in a bad faith effort to gain further leverage in their contractual relations with Activision." And during all this, the publisher claims that the studio heads were engaging in secret conversations "with Activision's direct competitor" (presumably Electronic Arts, though an EA representative refused to confirm that earlier today). As a result of these alleged actions, Activision's complaint seeks to "recapture certain equity from West and Zampella, and to recover, as a measure of damages, all compensation and benefits in addition to equity received by them during the period of their disloyalty." In English, that means that Activision is seeking an undisclosed fortune from the defendants, left up to the court to determine, but consisting of money the two earned during their amorphous "period of disloyalty." And there's a ton more in the complaint that we couldn't fit into this measly post, so we'd strongly suggest clicking through its 23 pages in the gallery below. We'll gather up some of the most notable bits and share them after the break. %Gallery-90176%
Activision blasts West and Zampella in countersuit [Update: Activision responds!]
Update: Activision offered this statement regarding the lawsuit: "Activision's cross-complaint filed today against Jason West and Vince Zampella makes clear that the company did not arrive at its decision to fire them lightly or without good reason. It further shows Activision was forced to sever the relationship when it became apparent that long-standing attempts failed to convince West and Zampella to conform their conduct to what was required of them by their contracts, company policies and as fiduciaries." Original: You probably already know all about the firing and subsequent lawsuit filed against publisher Activision by ex-Infinity Ward co-heads Jason West and Vince Zampella, but did you know about the countersuit filed by Activision against the duo in the Los Angeles Superior Court this morning? LA Times' Company Town blog got its eyes on the suit, which contends West and Zampella "morphed from valued, responsible executives into insubordinate and self-serving schemers who attempted to hijack Activision's assets for their own personal gain." The suit further details that specific allegation, claiming the two took, "a secret trip by private jet to Northern California, arranged by their Hollywood agent, to meet with the most senior executives of Activision's closest competitor," who we're understanding to be the Redwood Shores-based Electronic Arts. When asked for comment about the allegations, EA spokesperson Jeff Brown responded (with this totally sick burn), "We don't have the time to comment on the many lawsuits Activision files against its employees and creative partners." If all of that wasn't enough, the 23-page document also claims that West and Zampella "delayed pre-production" of a third Modern Warfare game, and tried to "prevent Activision from awarding additional compensation to [IW] team members" so that the two could easily poach former co-workers from Infinity Ward. Whoa whoa whoa, another Modern Warfare game you say? Madness!
Rumor: Infinity Ward loses two development leads
According to an unnamed source "close to the studio" who spoke with Kotaku, lead designer Todd Alderman and lead software engineer Francesco ("Frank") Gigliotti recently resigned from Call of Duty: Modern Warfare 2 development house Infinity Ward. Alderman's LinkedIn profile (seen after the break) corroborates that April was apparently his last month of employment with the studio, though Gigliotti's LinkedIn account appears to be unavailable at this point in time (Kotaku has an alleged screengrab of Gigliotti's profile that appears to legitimize the claim). This report comes just weeks after studio co-heads Vince Zampella and Jason West vacated their positions at Infinity Ward, filed a lawsuit against Activision, and headed for the Creative Artists Agency in Hollywood. We've asked Activision and Infinity Ward for an official response and will let you know if we hear anything back.
Ex-Infinity Ward heads now represented by Creative Artists Agency
In the video game industry, the talent (read: game developers) are often "hired guns," if you will -- part of a developer that is either wholly owned by a publisher (i.e. Infinity Ward's relationship with Activision) or a developer that's being contracted for development by a publisher (i.e. Ruffian Games' relationship with Microsoft). Rarely, if ever, is an individual (or individuals, as is the case here) represented by a talent agency, nonetheless a fancy, bigtime Hollywood one like Creative Artists Agency. That is, however, the case for the recently let go ex-Infinity Ward heads Vince Zampella and Jason West, who recently inked a deal with the agency. Though a CAA representative wouldn't divulge any info on what the duo's next move is (nor the CAA's next move on their behalf), we have to imagine the pair's pedigree will help out just a bit in finding work. According to the LA Times Company Town blog report, hollywood talent agencies aren't exactly known for scooping up game developers, so this could very well mark a new option for (at very least) big name devs in search of greener pastures.
Rumor: Infinity Ward employees not leaving due to unpaid royalties, morale 'extremely low'
According to a report on Kotaku, a "source" has told the site that the remaining Infinity Ward developers still working for Activision in the wake of the recent leadership shakeup are holding out on leaving the company for now due to royalties owed by the publisher. As claimed by ex-Infinity Ward heads Vince Zampella and Jason West in their recent complaint against Activision (with regards to themselves, that is), the publisher is allegedly holding out on promised royalties owed to the entire company. The tipster says that, rather than a traditional salary-based reward system at IW, the studio pays "regular or even low salaries" and offers "ridiculous royalties" to the whole staff. Furthermore, the piece alleges that Activision "continues to delay royalties to other employees in order to keep them at the company" (though it's not clear whether that means other Activision-owned studios as well), and that morale at IW is supposedly "extremely low." We've asked Activision for comment on the claims and will update you if we hear more. Update: Activision responded by saying, "Activision doesn't comment on industry rumor or speculation." Not exactly a definitive "no," but not a confirmation by any means either. We'll keep you updated as we hear more.
EA's John Schappert comments on Activision & Infinity Ward situation
EA's John Schappert spoke on the sticky situation regarding Activision and Infinity Ward at GDC today, and rather than put a spin on what he said, we'll let the man speak for himself: "I'm sure there's two sides to that story, I'm certainly not passing judgement," Schappert said. "On the human side, they're two great guys. I'm disappointed on a couple of fronts. I'm disappointed because I think Jason and Vince, on the human side, are two great guys. I know them personally, and they've done great things. And I think they're two of the best creative leaders in our space, and to think that they're going to be spending their future dealing with litigation and lawyers rather than crafting the next great experience." "I don't think that's good for them," Schappert continued. "I don't think that's good for our industry. I think that's disappointing. I hope that they find a way to make games and focus on that during this period." "I think the other disappointing thing is that, rivalries aside, Modern Warfare 2 is a great game," Schappert concluded. "It's the biggest launch our industry has seen, it's a great franchise. I'm putting my consumer industry fan-hat on to think that there could be some challenges -- what's the future of that franchise? I don't know what's going to pan out. I feel bad for Jason and Vince and the franchise itself because they're great leaders and it's a great franchise for our industry."
