PS3 News: Pachter: West, Zampella Will Never Control MW Brand - PS3 News

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Pachter: West, Zampella Will Never Control MW Brand

This mess may never end.

The saga continues, as ex-Infinity Ward bosses Jason West and Vince Zampella added two counts of fraud to their ongoing suit against publisher Activision. It also seems they're looking to co-own the Modern Warfare Brand, which would let them launch titles of their own under that name. But Wedbush Morgan analyst Michael Pachter told Industry Gamers the two have "no prayer" of gaining any control.

"West and Zampella have no prayer of obtaining control of the brand. They can claim that they were granted creative control, and there is a reasonable chance that they would prevail, but they lost that control when their employment was terminated. If they can prove their termination was wrongful, they will be entitled to damages, but there is no legal basis to award ownership of the brand to them. They could conceivably change their complaint and seek reinstatement as employees, but I haven't seen any demands from them to make that happen."

Pachter went on to say that any creative control given the duo was while they were Infinity Ward employees; once they stopped being employees, that creative control went out the window. He says it's best that West and Zampella pursue damages, which might make sense, but they should forget about any chances of "getting control over the brand."

"If they want their old jobs back, they can ask for them, but they didn't do so. Instead, they are blending the two concepts of legal and equitable remedies, asking for damages and asking for control over the Call of Duty brand, but not asking to be reinstated as employees. The law just doesn't allow stuff like that, as it would be unreasonable to require Activision to grant control over its valuable property to unrelated third parties.

I know this all makes for thrilling news, but they aren't getting control over the brand, and they most certainly won't 'co-own' it, as was widely reported by gaming news sites."

God. Please just make it stop.

Tags: michael pachter, zampella, west, activision, call of duty

4/5/2011 8:52:55 PM John Shepard

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Legacy Comment System (16 posts)

Tuesday, April 05, 2011 @ 9:32:47 PM

Aaaaand...just last this Mr. Zero Credibility was saying the PS3 would NEVER over take the 360.

Agree with this comment 17 up, 3 down Disagree with this comment

Tuesday, April 05, 2011 @ 11:33:38 PM

just last week*


Agree with this comment 7 up, 0 down Disagree with this comment

Tuesday, April 05, 2011 @ 10:04:34 PM

If I had enough contacts at Wall Street I could do this job of analyst.


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Tuesday, April 05, 2011 @ 10:04:56 PM

Activision will never give up the MW brand!? No, that can't be!! Cause we all know they don't care about money, they only care about making sure development of a game gets put in the right hands so it gets made to the highest standard of quality possible. </sarcasm>

Yeah, I'm pretty sure we didn't need an analyst telling us this one.

Agree with this comment 8 up, 0 down Disagree with this comment

Tuesday, April 05, 2011 @ 10:17:10 PM

I hope Jason n Vince get it... Then turn it into a hello kitty :)

Dead serious btw... it may seem gay, but that would be one less useless zombie title I have to worry about when I go into Wally World (Wal-Mart) and Gamestop and hear people talk shit and call themself's pro... When thats the ONLY game there good at...

Agree with this comment 10 up, 0 down Disagree with this comment

Tuesday, April 05, 2011 @ 10:40:09 PM

I like when people say that though they say how pro they are but they can't beat you in any game. To me being pro is being able to play any game and still own everyone.

That's just my opinion of pro.

Agree with this comment 2 up, 0 down Disagree with this comment

Tuesday, April 05, 2011 @ 10:46:32 PM

So now Mr thinks-he-knows-it-all is a lawyer too?

Better never use him in a jam, cause that's at least a 80% chance of probability that you're not passing go, & you're going directly to jail.

(I'd pick a public defender before this Bozo).

Agree with this comment 7 up, 0 down Disagree with this comment

Tuesday, April 05, 2011 @ 10:47:59 PM

I agree that they have no chance of getting any ownership over Cod as a whole, but if it's anywhere in any paperwork that they are responsible for the "modern warfare" part of Cod, it could be possible.

Besides in this world, pachter should know better than to say "never."

Agree with this comment 4 up, 0 down Disagree with this comment

Wednesday, April 06, 2011 @ 12:35:16 AM

When something small becomes something huge people who were screwed to begin with start to yell "foul". Oh, this isn't a thread on facebook? Call of Duty? Eh, same difference. LOL

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Wednesday, April 06, 2011 @ 3:19:58 AM

well, we have seen allot of nevers happen lately so i guess anythings possible!
hey look theres a orange pig flying outside my window!
and scooby doo is making my dinner!

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Thursday, April 07, 2011 @ 7:12:24 PM

It's "a lot", not "allot".

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Lawless SXE
Wednesday, April 06, 2011 @ 3:45:24 AM

Eh. Let 'em have it.
They'll never get the CoD brand, but MW is quite as powerful, so now I'm figuring which would win a sales battle between MW4 and BO2. Maybe they'd kill each other and let a separate shooter overtake both of them.

The thing I see about this lawsuit is that it may give an indication of what Respawn is working on. Considering they seem so desperate to get their hands on the MW brand, doesn't it make sense that they're trying to recreate the same game?

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Wednesday, April 06, 2011 @ 5:59:15 AM

well the way i see it is.....i think the brand of mw should be the developers as they made the game.....the publisher gives them funds, promotes etc and so should get some of the profits but i do feel iw should own the ip

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Lord carlos
Wednesday, April 06, 2011 @ 7:08:21 AM

That pachter guy is a gimp.
As for MW,i dont care as IW are not the same team anymore :(

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Wednesday, April 06, 2011 @ 12:09:55 PM

Firstly I hope Respawn wins the lawsuit and baring that ...

I hope Respawn makes a carbon copy of Call of Duty only better and calls it "Current Conflict"


That would be awesome - I might buy 2.

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Wednesday, April 06, 2011 @ 3:23:59 PM

So is it safe to assume that Zampella and West just wanna own or remake MW so they don't have to actually innovate?

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