Infinity Ward Execs Return Fire, Set To Sue Activision
We told you it'd be nasty.
The fallout from the Activision/Infinity Ward tiff is only just beginning and we expect it to last for quite some time. After learning that Activision would sue the studio for breach of contract and "insubordination," we now learn that the IW executives they fired are turning around and suing the publisher. Yep, mess. According to GameSpot, ex-Infinity Ward president Jason West and CEO Vince Zampella have decided to file a counter lawsuit of their own: Los Angeles-based legal firm O'Melveny & Myers announced today that the suit against Activision - on behalf of West and Zampella - asks for unpaid royalties and "the contractual rights of Activision granted to West and Zampella to control Modern Warfare-branded games." Activision says the two were sacked after an "internal human resources inquiry into breaches of contract and insubordination," but the IW execs claim they were fired "weeks before they were to be paid substantial royalty payments as part of their existing contracts for Modern Warfare 2." Attorney Robert Schwartz issued the following statement:
"Activision has refused to honor the terms of its agreements and is intentionally flouting the fundamental public policy of this state [California] that employers must pay their employees what they have rightfully earned. Instead of thanking, lauding, or just plain paying Jason and Vince for giving Activision the most successful entertainment product ever offered to the public, 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 1."
We also learn that both West and Zampella were "shocked" to learn they were being fired and as Zampella noted, "after all we have given to Activision, we shouldn't have to sue to get paid." These guys are claiming breach of contract and "breach of the implied covenant of good faith and fair dealing, wrongful termination in violation of public policy, and declaratory relief." The publisher in question is already on shaky terms with gamers everywhere; this likely won't help their image because it appears like a "Big Bad Corporation" vs. "Innocent Individuals" case. But to be fair, we need to hear Activision's side in more detail before passing judgment.
3/4/2010 12:26:14 PM Ben Dutka
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Comments (85 posts)
Break_The_Mould
Thursday, March 04, 2010 @ 3:12:17 PM
Don't even get me started on Activision.
1. When they merged with Vivendi they dropped almost every single one of their games: 50 Cent, Wet, Ghostbusters, Brutal Legend and a few others. All these games were picked up but they dropped them because they didn't have the potential for yearly sequels.
2. Bobby Kotick hates new IPs. New IP's don't normally sell well.
3. Modern Warfare 2 is 10 pounds more expensive in Europe than a normal game is. It's still selling like crazy. When asked about game prices Bobby Kotick said "I would raise them higher if I could."
4. Modern Warfare 2 Prestige Edition: $120, Tony Hawk Ride: $120, Guitar Hero 5: $200, DJ Hero: $120.
5. After they realized that Brutal Legend wasn't something like Guitar Hero they refused to fund any more money on it. When they dropped it EA decided to pick it up.
6. After EA picked it up and Brutal Legend started getting heavy attention, Activision attempted to sue Double Fine Studio.
7. Bobby Kotick doesn't even play video games and has never played a video game he has produced. He sometimes tries to deny this.
8. There's a quote of him saying that his goal was "to take the fun out of making video games."
9. Bobby Kotick couldn't care less about you. At all. The only thing he cares about less than videogames is you.
That's not even getting started, but it HAS been boiling inside me for quite some time. After I heard a lot about Kotick and what he's been doing I've decided to never pick up an Activision product ever again. Not as long as Bobby Kotick is in charge. When he wasn't promoting the company's games or technology, Kotick was celebrating its laserlike focus on the bottom line. He pointed to changes he implemented in the past as being particularly beneficial, such as designing the employee incentive program so it "really rewards profit and nothing else."
To Infinity and beyond boys, take down the man who once said this:
"We have a real culture of thrift. The goal that I had in bringing a lot of the packaged goods folks into Activision about 10 years ago was to take all the fun out of making video games."
Mouse_101
Thursday, March 04, 2010 @ 5:29:21 PM
Charger7302
Thursday, March 04, 2010 @ 5:45:58 PM
His comment on raising game prices was ridiculous but honestly what CEO wouldn't raise prices if they could, its their business to bring in profit.
Wage SLAVES
Thursday, March 04, 2010 @ 6:10:25 PM
Dancemachine55
Thursday, March 04, 2010 @ 11:26:56 PM
As long as they enjoy GH and CoD, Activision will still be making money off these poor misinformed customers.
However, "Hero" games are finally showing over-saturation and are slowing right down in sales. CoD will be heading the same way too.
Hopefully in about 3 years time, even the uninformed public will show some resentment towards Activision, less developer companies will go to them to get their games produced because they cannot be trusted.
Word will spread that Skate and Rock Band are by far superior to Tony Hawk and Guitar Hero/Band Hero. Bad Company 3 may have more hype than Modern Warfare 2. Activision's stock will plummit and the game will be forced to kick out Kotick once and for all.
All Activision has to do is maintain its current momentum, and that seems pretty certain as of now. New developers will bring out new ideas, and the people will look at Activision's games like they belong on the original Xbox, tucked away in preowned shops where no one will buy them and no one wants them.
Qubex
Friday, March 05, 2010 @ 12:43:24 AM
spiderboi
Thursday, March 04, 2010 @ 12:47:17 PM
Reply
Jawknee
Thursday, March 04, 2010 @ 12:48:47 PM
coverton341
Thursday, March 04, 2010 @ 1:25:28 PM
In short, business practices like these are shady and underhanded and not reflective of any type of corporation that I would want to see and definitely not work for.
Again, this is all from an outside looking in perspective and it could be very different but it just doesn't seem that way.
Akuma07
Thursday, March 04, 2010 @ 5:51:56 PM
Jawknee
Thursday, March 04, 2010 @ 6:16:56 PM
Not all corporations are good. In fact many aren't. But i can guarantee you the great majority are and people should be thankful to these companies for providing them with a job. If for some reason they lose that job, sorry but that's life. it happens. Life goes on. "This too shall pass."
I'm going to assume you've never ran or owned a business so you don't understand what it takes to run one.
totozero18
Thursday, March 04, 2010 @ 3:35:03 PM
Hezzron
Thursday, March 04, 2010 @ 4:50:30 PM
Darwin1967
Thursday, March 04, 2010 @ 12:52:53 PM
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I've lost any and all respect for Activision (Not that there was much before this), but after reading the court documents presented on behalf of the former IW Company Heads, West and Zampella, it's pretty clear that Activision breached their contract in a very slimey manner. I WILL NOT be buying any COD titles produced under Activision or for that matter any Activision title moving forward....not if my money is going to pay the likes of Bobby K. or line the pockets of a corporation hellbent on sticking it to the people who make them what they are
G8GTdriver
Thursday, March 04, 2010 @ 1:53:11 PM
Roach721
Friday, March 05, 2010 @ 12:11:57 AM
556pineapple
Thursday, March 04, 2010 @ 12:59:46 PM
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Shams
Thursday, March 04, 2010 @ 1:06:40 PM
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Sounds of an ego problem. Seems to me Activision wanted IW to do one thing, and then heads of IW wanted to do something else. So Craptivision decides that, "why don't we get read of their bosses, and assimilate the rest of them. And with the money saved in royalites, we can make it worth-while for the rest of them at IW, if they know what's good for them.' And this all happening just as news for next COD coming out next year is hot off the press?
WorldEndsWithMe
Thursday, March 04, 2010 @ 1:10:26 PM
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Any one else think this has to do with IW not wanting to churn out another MW title straight away?
Last edited by WorldEndsWithMe on 3/4/2010 1:14:07 PM
Shams
Thursday, March 04, 2010 @ 1:15:22 PM
Edit: Regarding the MW title, I pretty much said that in my last post.
Last edited by Shams on 3/4/2010 1:16:31 PM
www
Thursday, March 04, 2010 @ 2:41:08 PM
Roach721
Friday, March 05, 2010 @ 12:15:11 AM
Ben Dutka PSXE [Administrator]
Thursday, March 04, 2010 @ 2:39:02 PM
fluffer nutter
Friday, March 05, 2010 @ 6:07:24 PM
Nick Maim
Thursday, March 04, 2010 @ 1:26:23 PM
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This will give Infinity Ward a chance to break the ties that bind. Buying MW2 was a super guilty pleasure for me because of Activision. However I did buy it used to minimize that guilty feeling.
I hope Activision loses this court case, and suffers irreversible public opinion damage. MW2 was the last Activision game I will ever buy.
Shams
Thursday, March 04, 2010 @ 1:31:04 PM
WorldEndsWithMe
Thursday, March 04, 2010 @ 2:05:47 PM
kraygen
Thursday, March 04, 2010 @ 1:32:46 PM
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Been saying it for a long time and I'll say it again.
Screw Activision and their lousy business practices.
city96
Thursday, March 04, 2010 @ 2:12:25 PM
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COD3, 11 guns WTF
COD4, IW makes history and basically should be in a dictionary
COD5, Treyarch make it worse and worse raked money because people thought it would be better
COD6, back to IW, amazing improvment
now COD7 will just be that same engine and small graphical improvment
BTNwarrior
Thursday, March 04, 2010 @ 2:16:10 PM
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phantomMenace
Thursday, March 04, 2010 @ 2:25:10 PM
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Off topic but this is HUGE news... SOCOM 4 just announced at the PSB and its made by zipper!!!! It will have both single player and 32 player multi!
archs13
Thursday, March 04, 2010 @ 2:35:17 PM
Naztycuts
Thursday, March 04, 2010 @ 3:00:15 PM
JackC8
Thursday, March 04, 2010 @ 2:48:47 PM
Reply
kraygen
Thursday, March 04, 2010 @ 2:52:31 PM
coverton341
Thursday, March 04, 2010 @ 3:34:13 PM
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That big unspeakable sequel that you have known about for years wouldn't happen to be SOCOM 4 that the PS Blog confirmed a bit ago would it?
Back on topic: I really do hope the IW execs the best in this whole debacle. It seems that Activision is playing the jerk card as I said previously in more eloquent wording.
Last edited by coverton341 on 3/4/2010 3:34:20 PM
totozero18
Thursday, March 04, 2010 @ 3:45:15 PM
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CH1N00K
Thursday, March 04, 2010 @ 4:21:18 PM
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He doesn't need to worry about money, why is he trying to screw the IW guys? Or if he doesn't have to pay them does that mean more for him?
Either way, it seems like Kotick is trying to ruin gaming again. He's got his money, and he has a whole book full of unethical business practices, but when will the gamers decide that this guy needs to be running something other then a video game company which he hates so much?
Akuma07
Thursday, March 04, 2010 @ 5:54:31 PM
Highlander
Thursday, March 04, 2010 @ 5:43:57 PM
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Pathetic.
Shams
Thursday, March 04, 2010 @ 6:06:52 PM
Be patient during the reign of the tyrant: It is shorter than the just rule. For surely it takes longer to build something, than to destroy it...(meaning despotic, usurping authorities, corporate, political, or otherwise don't last long and eventually destroy themselves).
Roach721
Friday, March 05, 2010 @ 12:24:00 AM
Charger7302
Thursday, March 04, 2010 @ 5:50:07 PM
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Highlander
Thursday, March 04, 2010 @ 6:13:13 PM
BikerSaint
Thursday, March 04, 2010 @ 6:07:38 PM
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And with power & control, all the money will follow & flow freely.
He want's to rule the world at any cost....and the way he just went about intimidating IW this week, proves that much alone.
Anyway, my Heavy prophecy is that it's about to Rain on Anti-vision's parade, they're going to lose another suit, in a long line of losing battles.
I'm sure IW's lawyers have already been pouring over all of kotex's prior maniacal statements, and just for the added ammunition proving his non-creditability & his illusions of grandeur, over the last few years.
IW's lawyers "WILL" use his very own statements against him, showing him as the self-imposed evil warlord of AntiChrist-vision, and also showing that there's a very distinct pattern to all his shadiness.
Statements about his lack of character & lack of moral fiber...such as......
1.The days of my development teams having fun making games, is over.
2.If I could, I'd charge more for my games.
3.Sony need to lower the price of the PS# or we may walk.(the last 2 alone, show him as the hypocrite he is)
When they're done with kotex's long history creditability issues, Kot'zee just may have to buy some A-1 sauce so all that rhetoric he's been spewing out the last few years, has a chance of sliding down his gullet without choking him outright.
Last edited by BikerSaint on 3/4/2010 6:13:51 PM
BikerSaint
Thursday, March 04, 2010 @ 6:19:48 PM
Reply
LimitedVertigo
Thursday, March 04, 2010 @ 6:56:56 PM
Reply
just2skillf00l
Thursday, March 04, 2010 @ 8:16:46 PM
Reply
BikerSaint
Thursday, March 04, 2010 @ 9:02:13 PM
Highlander
Thursday, March 04, 2010 @ 9:56:30 PM
just2skillf00l
Thursday, March 04, 2010 @ 10:09:48 PM
Reply
Highlander
Thursday, March 04, 2010 @ 10:29:55 PM
But I see where you're coming from now. Like you say, contracts are really strict, as are their interpretation. I followed the case of SCO vs IBM for years, even including the involvement of Novell, and believe me, I know who exact contract interpretation needs to be and how exact the language needs to be.
But that's the nice thing about contracts, contract law and the courts, a well written contract is (believe it or not) everybody's friend. Sadly though, a poorly written contract is a friend only to a sharp lawyer.
just2skillf00l
Thursday, March 04, 2010 @ 10:22:16 PM
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http://www.gamespot.com/news/6252956.html
Dancemachine55
Thursday, March 04, 2010 @ 11:45:47 PM
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The problem is not Activision alone people!!! Remember this.
The problem is a money-hungry businessman named Bobby Kotick who has no respect for others, no sympathy or compassion for other companies or people and will break whatever contract laws and promises in an attempt to keep more money for himself and make even more money off customers who support a title, not the game itself.
So, with that argument made, I will say this...
F@*% Bobby Kotick. Enjoy the pitchforks in your a$& as I watch you burn in hell from above.
Good luck and my deepest sympathies to Activision for having to put up with this man, and for having to work so hard in the future to win back its positive image.
I just wonder if the rest of the company realises how much Bobby is hurting their image. Do they not see or realise the huge mess they are getting themselves into?
Probably can't hear me with all their dollar bills stuffed in their ears. Money doesn't keep you warm at night, but the fury of a gaming community scorned will fire up red hot!!!
___________
Friday, March 05, 2010 @ 12:45:32 AM
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i hope IW rips them a new one and their bleeding money for the next 24 hours than they have to file for bankruptcy.
cant see that happening because well all the idiots keep shelling out for there games, as ive said every single time i go to EB there is at least one person buying guitar hero, DJ hero or band hero.
but i for one will be dancing on moneyvisions grave!
isent it funny almost every week theres a new law suit filled against moneyvision?
honestly how do they keep getting away with this sh*t?
i know M$ are above the law but i thought that was it. they must of invited moneyvision into the group.
ohhhhhhhhh! it all makes perfect seance now thats why arron greenburg and bobby seem so alike.
mes thinks there one in the same ;)
Last edited by ___________ on 3/5/2010 12:48:18 AM
Orvisman
Friday, March 05, 2010 @ 9:01:56 AM
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Man, five years ago EA was the company everyone hated.
How the times change.
First EA started rehabilitating its image by trying out new IPs and
producing better quality games.
Now Darth Kotex has fully established Activision as the Death Star of
the videogame industry.
Qubex
Friday, March 05, 2010 @ 10:05:14 AM
Bobby_Kotick
Friday, March 05, 2010 @ 10:35:49 AM
Reply

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