Modern Warfare's Legal Showdown Gets Personal

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killzonexbox

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#1 killzonexbox
Member since 2010 • 3019 Posts

According to new documents released today, the ongoing legal battle between the creators of Call of Duty and the franchise's publishers is beginning to take its toll on those involved.

Last month, Activision sought to expand the scope of the lawsuit by including Electronic Arts, the publisher that is now home to the new studio run by Jason West and Vince Zampella, as party to the case.

New documents obtained by Kotaku today allege that Activision knew of EA's alleged involvement in the case over six months beforehand, and that by waiting until December 2010 to amend the case sought to have the beginning of the trial - scheduled for May - pushed back.

West and Zampella are protesting this expansion of the case and any possible delay, stating that the pair "are paying for this litigation from our own funds" and that to date the cost of the case has "[exceeded] our combined annual salaries".

In addition to the monetary issues, the duo also state that the amount of time the case is taking up is having an adverse effect on their attempts to get Respawn - which now employs "dozens" of employees - up and running.

In closing, they say "any delay of the trial in this lawsuit would increase the financial and non-financial burdens and would continue to distract us from running our business and earning a living."

soruce ktatu..

http://kotaku.com/5725056/activision-accused-of-stalling-in-modern-warfare-legal-showdown?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+kotaku%2Ffull+%28Kotaku%29

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Harisemo

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#2 Harisemo
Member since 2010 • 4133 Posts

im with activision in this case.

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Jynxzor

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#3 Jynxzor
Member since 2003 • 9313 Posts
Looks like Activision knows that West/zamp can't afford to keep the case running for too much longer and are just trying to bleed them out. Yeah...way to go Activison being complete jerks even outside the video game industry!
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GojiMaster

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#4 GojiMaster
Member since 2009 • 451 Posts

I'm pro Activision on this case as well. It looks like the Respawn team was having some pretty shady meetings with EA behind the scenes.

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UnknownElement4

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#5 UnknownElement4
Member since 2008 • 2603 Posts

Seems like Activision is in the right on this one.

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killzonexbox

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#6 killzonexbox
Member since 2010 • 3019 Posts

I'm pro Activision on this case as well. It looks like the Respawn team was having some pretty shady meetings with EA behind the scenes.

GojiMaster
what about Activision Blizzard seemed to think it was fine to recruit Glen Schofield and Michael Condrey of Visceral Games (an EA studio) to build and run Sledgehammer Games (an Activision Blizzard studio)..
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Sparky04

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#7 Sparky04
Member since 2006 • 3390 Posts

While it does indeed seem shady remember what Activision did. They harrassed and threatened mutiple personel at Infinity Ward and did not pay royalties to the developers of one of the most profitable games of all time. The fact is Activision owes them a ton of money.

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BPoole96

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#8 BPoole96
Member since 2008 • 22818 Posts

I want Activision to lose just because they are a horrible company but I won't be surprised if they win

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deleterguy

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#9 deleterguy
Member since 2005 • 1827 Posts
I hope Activision wins.
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Bugatti17

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#10 Bugatti17
Member since 2010 • 72 Posts

While it does indeed seem shady remember what Activision did. They harrassed and threatened mutiple personel at Infinity Ward and did not pay royalties to the developers of one of the most profitable games of all time. The fact is Activision owes them a ton of money.

Sparky04

I am not one of these people or don't know any of these people so why should I care ?? Im pro Activision here aswell Zampella and West are sly backstabbers.

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HaloinventedFPS

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#11 HaloinventedFPS
Member since 2010 • 4738 Posts

So what do Blizzard think about this?

they are merged with these scum

Mike Morhaime seems like such a nice guy, i bet he wouldnt get along with Kotick, since Mike is a gamer and Kotick is a stock standard CEO that doesnt even play games

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Moto1971

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#12 Moto1971
Member since 2009 • 84 Posts

I dunno, if I wasn't being paid by my employer, i'd start looking for work elsewhere.

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Jynxzor

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#13 Jynxzor
Member since 2003 • 9313 Posts
I am not one of these people or don't know any of these people so why should I care ??Bugatti17
Woh, slow down there. Your saying because you are not conected to any of the people who got royaly screwed in this deal, your pro Activison? I guess thats what happens when you only read a small bit about the entire story.
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Comduter

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#14 Comduter
Member since 2004 • 2316 Posts

Why are any of you people saying that you hope Activision wins? Where have you people been for almost a year? Activision withheld money from the people who were entitled to it. How would you feel if you worked your butt off, working long hours developing a product only to have it become a huge financial success, and your employer suddenly at one point decided not to give you the money that they originally promised you?

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SaltyMeatballs

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#15 SaltyMeatballs
Member since 2009 • 25165 Posts

Why are any of you people saying that you hope Activision wins? Where have you people been for almost a year? Activision withheld money from the people who were entitled to it. How would you feel if you worked your butt off, working long hours developing a product only to have it become a huge financial success, and your employer suddenly at one point decided not to give you the money that they originally promised you?

Comduter
I thought that was sorted already? This is over something else, allegedly anyway.
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Comduter

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#16 Comduter
Member since 2004 • 2316 Posts

[QUOTE="Comduter"]

Why are any of you people saying that you hope Activision wins? Where have you people been for almost a year? Activision withheld money from the people who were entitled to it. How would you feel if you worked your butt off, working long hours developing a product only to have it become a huge financial success, and your employer suddenly at one point decided not to give you the money that they originally promised you?

SaltyMeatballs

I thought that was sorted already? This is over something else, allegedly anyway.

What? The article that the TC included said that the lawsuits still haven't been settled, and that the court dates may even be delayed. Both Respawn and Activision sued eachother.

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Phaze-Two

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#17 Phaze-Two
Member since 2009 • 3444 Posts

i hope Activision loses and they go under and all their good devs. go to other publishers and they then make awesome highly successful games. and then pictures of kotick surface of him eating a sandwich on a bench looking all depressed and defeated, and then people photoshop those pictures to make him look like he's eating himself.

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Jynxzor

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#18 Jynxzor
Member since 2003 • 9313 Posts
[QUOTE="Comduter"]

Why are any of you people saying that you hope Activision wins? Where have you people been for almost a year? Activision withheld money from the people who were entitled to it. How would you feel if you worked your butt off, working long hours developing a product only to have it become a huge financial success, and your employer suddenly at one point decided not to give you the money that they originally promised you?

SaltyMeatballs
I thought that was sorted already? This is over something else, allegedly anyway.

This is still the same case for the most point, it's Activisions counter suit to the original lawsuit that has still yet to be ruled on. Activison is just drawing this out like all big companies do to hope that West/Zamp drop there former case due to lack of funding. I would be amazed if EA stepped up and helped fund Respawn some more during these dark hours.
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carljohnson3456

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#19 carljohnson3456
Member since 2007 • 12489 Posts

I'm pro Activision on this case as well. It looks like the Respawn team was having some pretty shady meetings with EA behind the scenes.

GojiMaster
I see your point, but I really despise Activision, so in my opinion, they deserved it. Too bad they caught what was going on.
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SaltyMeatballs

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#20 SaltyMeatballs
Member since 2009 • 25165 Posts
[QUOTE="SaltyMeatballs"][QUOTE="Comduter"]

Why are any of you people saying that you hope Activision wins? Where have you people been for almost a year? Activision withheld money from the people who were entitled to it. How would you feel if you worked your butt off, working long hours developing a product only to have it become a huge financial success, and your employer suddenly at one point decided not to give you the money that they originally promised you?

Jynxzor
I thought that was sorted already? This is over something else, allegedly anyway.

This is still the same case for the most point, it's Activisions counter suit to the original lawsuit that has still yet to be ruled on. Activison is just drawing this out like all big companies do to hope that West/Zamp drop there former case due to lack of funding. I would be amazed if EA stepped up and helped fund Respawn some more during these dark hours.

I know right, they gotta get ready for the Dead Space 2 release!
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razgriz_101

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#21 razgriz_101
Member since 2007 • 16875 Posts

Activision needs to lay off the lawsuit sauce and stop makingthemselves look like the big baby throwing toys out the pram.

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super600

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#22 super600  Moderator
Member since 2007 • 33158 Posts
So now Activision wants to make their former employees bankrupt by delaying the trial. This is just evil and I hope Activision regrets what they did. I'm mostly pro west-Zampbella, but they may have done something wrong in this case too.
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sonny2dap

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#23 sonny2dap
Member since 2008 • 2211 Posts

Why are any of you people saying that you hope Activision wins? Where have you people been for almost a year? Activision withheld money from the people who were entitled to it. How would you feel if you worked your butt off, working long hours developing a product only to have it become a huge financial success, and your employer suddenly at one point decided not to give you the money that they originally promised you?

Comduter
As I understand it Activision withheld certain royalties when it became apparent west/zampella where not only meeting EA in preparation for a departure but also soeing discord within the ranks of infinity ward in order to dis-enfranchise key team members with a view to forming a new studio for EA.
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Bugatti17

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#24 Bugatti17
Member since 2010 • 72 Posts

Unless you are personally involved in the wages being withheld I don't see why you should be bothered. I don't see why everybody keeps brining this up when they are Activision bashing I mean as long as COD games are good I don't care what random persons wages get held back.

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EG101

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#25 EG101
Member since 2007 • 2091 Posts

[QUOTE="Comduter"]

Why are any of you people saying that you hope Activision wins? Where have you people been for almost a year? Activision withheld money from the people who were entitled to it. How would you feel if you worked your butt off, working long hours developing a product only to have it become a huge financial success, and your employer suddenly at one point decided not to give you the money that they originally promised you?

sonny2dap

As I understand it Activision withheld certain royalties when it became apparent west/zampella where not only meeting EA in preparation for a departure but also soeing discord within the ranks of infinity ward in order to dis-enfranchise key team members with a view to forming a new studio for EA.

Not to mention West/Zampella were trying to hurt sales of the treyarch games and wouldn't help treyarch with the develpment of their games.

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JohnF111

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#26 JohnF111
Member since 2010 • 14190 Posts

SO is itWest/Zampellafault for Treyarch getting a blunt knife in the face with Black Ops multiplayer? Still i hope Respawn go bankrupt from court fees and activision end up dying because of it.

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gamer620

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#27 gamer620
Member since 2004 • 3367 Posts
[QUOTE="GojiMaster"]

I'm pro Activision on this case as well. It looks like the Respawn team was having some pretty shady meetings with EA behind the scenes.

killzonexbox
what about Activision Blizzard seemed to think it was fine to recruit Glen Schofield and Michael Condrey of Visceral Games (an EA studio) to build and run Sledgehammer Games (an Activision Blizzard studio)..

Where has it been said that Those two were going behind EAs back to make the deal with Activision? Let alone making a deal with activision whilst developing their EA titles?
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super600

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#28 super600  Moderator
Member since 2007 • 33158 Posts
The funny thing I noticd about this case if Activision has all these documents that contain all the bad things those workers have done then why are they trying to delay the case. Activision is secretly hiding something from the public. All will be revealed starting on SMG2's birthday in May.
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RavenLoud

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#29 RavenLoud
Member since 2009 • 2874 Posts

im with activision in this case.

Harisemo

I'm pro Activision on this case as well. It looks like the Respawn team was having some pretty shady meetings with EA behind the scenes.

GojiMaster

Seems like Activision is in the right on this one.

UnknownElement4
What. The. Eff. Do you guys even know what's going on?
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Jonzey123

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#31 Jonzey123
Member since 2005 • 356 Posts
[QUOTE="RavenLoud"][QUOTE="Harisemo"]

I'm pro Activision on this case as well. It looks like the Respawn team was having some pretty shady meetings with EA behind the scenes.

GojiMaster

Seems like Activision is in the right on this one.

UnknownElement4
What. The. Eff. Do you guys even know what's going on?

Nope. They don't. And neither do you. People are so fast to demonize Activision because they're the "big, evil company" and side with West and Zampella cos they're the cool underdogs. You really think that in all of this they've done nothing wrong, and a multi million dollar company is only sueing them for some sort of petty revenge? All we tend to hear is that Activision is making allegations, and Respawn is suffering for it. We assume it's because Activision is evil, not that all this controversy is actually guaranteed to make Respawn entertainment into a highly popular company, whereas if West and Zampella just left to start their own company, most people would not know who they are. In this story, they're the underdogs. People love a good underdog story, and it's going to make them very, very rich. They have the support of pretty much everyone here, and we have no idea what's really going on.
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#32 RavenLoud
Member since 2009 • 2874 Posts
[QUOTE="Jonzey123"] Nope. They don't. And neither do you. People are so fast to demonize Activision because they're the "big, evil company" and side with West and Zampella cos they're the cool underdogs. You really think that in all of this they've done nothing wrong, and a multi million dollar company is only sueing them for some sort of petty revenge? All we tend to hear is that Activision is making allegations, and Respawn is suffering for it. We assume it's because Activision is evil, not that all this controversy is actually guaranteed to make Respawn entertainment into a highly popular company, whereas if West and Zampella just left to start their own company, most people would not know who they are. In this story, they're the underdogs. People love a good underdog story, and it's going to make them very, very rich. They have the support of pretty much everyone here, and we have no idea what's really going on.

Precisely, it is unwise to take either side as we simply don't know what's going on. That was my point. Sorry if it seems that I was singling out the pro-Activision posts, those 3 just happen to be right after each other. I am certain that both parties have their fair share of "evil". IW wasn't exactly subtle with their opinion of Activision even before the MW2 fiasco. However, I have one side claiming some "betrayal" (Kotick's words, which is rather ironic considering they got IW after they "betrayed" EA), and another side who just wants the pay from their contract. Contract that was invalidated somehow by the aforementioned "betrayal". Then, there is 30+ people from IW leaving to form Respawn. I think I can form an opinion over who is the most evil out of those two. My theory is that IW and Activision has been at it internally for a long time since MW1, with IW very unhappy with Treyarch sharing their glory and Activision being the corporate fatcats that they always have been. (FEAR! PESSIMISM! SKEPTISM!) Knowing this, IW most likely wants out following the release of MW2, and have certainly made plans to break with Activision after they received the money from their game. Activision knows this, and decided to not pay up until they can secure IW's loyalty. They may or may not have used unpleasant methods. IW's head members can't handle this, takes it out to Kotick and BAM. They get the boot and lawsuits follows. Until more information is available, this seems approximatively what happened, at least that how I see it. Most people should be able to see the situation like this from what we have. Now, I think that considering the fact that Activision is now using tactics such as delaying the lawsuit in order to suck Respawn dry, I highly doubt that they are very confident on this case. Why would people actually back them up after reading the OP? If Activision has clear evidence of Zampella misconducting, why wouldn't they want to just finish with it, and prehaps clear their name? I'd actually like to hear what they think.
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Chubith

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#33 Chubith
Member since 2003 • 345 Posts

I remember reading a gameinformer article about this case months ago that claimed they had a MOU signed from acti stating IW was to be given control over Modern Warfare and Future Warfare IP's. If they do, that would easily explain the tactic Acti is using to delay the case and bankrupt the former IW heads to make them drop the case.

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Jonzey123

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#34 Jonzey123
Member since 2005 • 356 Posts
[QUOTE="RavenLoud"] Now, I think that considering the fact that Activision is now using tactics such as delaying the lawsuit in order to suck Respawn dry, I highly doubt that they are very confident on this case. Why would people actually back them up after reading the OP? If Activision has clear evidence of Zampella misconducting, why wouldn't they want to just finish with it, and prehaps clear their name? I'd actually like to hear what they think.

Maybe. Or maybe they have evidence, but rather than ruining the careers of everyone at Respawn, they want them to step down so they can retain their dignity.
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super600

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#35 super600  Moderator
Member since 2007 • 33158 Posts
[QUOTE="Jonzey123"][QUOTE="RavenLoud"] Now, I think that considering the fact that Activision is now using tactics such as delaying the lawsuit in order to suck Respawn dry, I highly doubt that they are very confident on this case. Why would people actually back them up after reading the OP? If Activision has clear evidence of Zampella misconducting, why wouldn't they want to just finish with it, and prehaps clear their name? I'd actually like to hear what they think.

Maybe. Or maybe they have evidence, but rather than ruining the careers of everyone at Respawn, they want them to step down so they can retain their dignity.

I highly doubt that, but it may be possible. Activision's history suggests that their just trying to treat the two guys horribly by making them bankrupt and that they are hiding something. I'm mostly on theWest/Zampbella side because I feel that West and Zampella didn't want other people to develop their games. I also know Activision probably put too much pressure or forced them to continue making COD games and they didn't want to so they both decided to quit. They may have quit by using illegal methods , but the horrible conditions Activision imposed on them probably made them quit and Treyarch's development of the COD games fueled their leaving too probably.