Tuesday, February 14th 2012
Infinity Ward Lawsuit Going to Trial with EA and CoD Creators
Apparently the war between the original creators of the Call of Duty franchise and Activision is going in front of a jury. The big "he said, the monolithic corporation said" video games kerfuffle of 2010, the fallout from Infinity Ward co-founders Jason West and Vincent Zampella leaving Activision then signing up with Electronic Arts, is indeed going to trial. On Wednesday, a California Superior Court judge denied EA's motion for summary judgement on the complex lawsuit, as well as one from West and Zampella, meaning the big Call of Duty mess will go before a jury next year.
West and Zampella were fired by Activision in March 2010, and quickly sued the publisher for unpaid royalties and control over the Modern Warfare brand, created at Infinity Ward. Activision counter-sued in April, saying the pair attempted to undermine IW so it could poach employees for a new studio, and had been in clandestine meetings with a competitor.
A few days later, West and Zampella announced the formation of new studio Respawn Entertainment in April, signing an exclusive publishing arrangement with EA. Forty-odd Infinity Ward members eventually follow West and Zampella to Respawn. A number of people who worked at IW on Call of Duty also sued Activision for up to $125 million in unpaid royalties.
Activision later added EA to its counter-suit, claiming that it had conspired with West and Zampella, and seeking $400 million in damages for contract interference.
With the summary judgement motions from EA and the duo denied, the case will go before a jury on May 7, 2012. In a statement provided to USA Today, West and Zampella's attorney said, "We are eager to get to trial on May 7 to prove Jason and Vince's case against Activision for firing them without cause and denying them the money they earned. Activision's claims against EA are a smoke screen, seeking to distract attention from Activision's atrocious behavior to Jason, Vince, and the rest of the Infinity Ward team."
One has to wonder if this is going to be trial by a jury of peers, where are they going find a bunch of eccentric video game designers and corporate CEO's who will not be biased?
Source:
Shacknews
A few days later, West and Zampella announced the formation of new studio Respawn Entertainment in April, signing an exclusive publishing arrangement with EA. Forty-odd Infinity Ward members eventually follow West and Zampella to Respawn. A number of people who worked at IW on Call of Duty also sued Activision for up to $125 million in unpaid royalties.
Activision later added EA to its counter-suit, claiming that it had conspired with West and Zampella, and seeking $400 million in damages for contract interference.
With the summary judgement motions from EA and the duo denied, the case will go before a jury on May 7, 2012. In a statement provided to USA Today, West and Zampella's attorney said, "We are eager to get to trial on May 7 to prove Jason and Vince's case against Activision for firing them without cause and denying them the money they earned. Activision's claims against EA are a smoke screen, seeking to distract attention from Activision's atrocious behavior to Jason, Vince, and the rest of the Infinity Ward team."
One has to wonder if this is going to be trial by a jury of peers, where are they going find a bunch of eccentric video game designers and corporate CEO's who will not be biased?
21 Comments on Infinity Ward Lawsuit Going to Trial with EA and CoD Creators
New's is new's, post it up!
Technology law isn't as complicated as some people would like it to be.
Hope Activision gets whipped on this, and the other case going on between Blizzard and Valve. Imagine the impact on the industry if Blizzard is allowed to own mods they didn't even code themselves. Literally what it comes down to. I'd expect it is just a stall tactic to prevent competition between DOTA2 and D3.
This is actually a pretty deep case. According to the complaint, Activision withheld royalty payments to Infinity Ward which amount to well over $100 million due to the success of Modern Warfare 2. Activision alleges that West and Zampella were conspiring to poach IW staffers over to a new company affiliated with EA.
The OTHER lawsuit, which was filed by the former employees of IW allege that Activision withheld the royalties, bonuses and other monies until all they signed contracts to continue working at Infinity Ward and Activision.
This is a popcorn eating case for sure, and I can't wait to see what happens in court.
Of course, the fact that West and Zampella opened Respawn Entertainment and hired 38 out of the 46 employees that quit working for Infinity Ward might have an effect on the outcome of the case and the basis for Activisions countersuit.