Activision Successfully Adds EA To $400 Million Infinity Ward Case

Call of Duty: Modern Warfare 2

Written Thursday, March 17, 2011 By Richard Walker

Activision has successfully added EA to its $400 million lawsuit against former Infinity Ward heads, Jason West and Vince Zampella, having targeted the publisher for allegedly holding secret meetings with the pair back in August 2009. The LA Times reports that Northern California Superior Court Judge Elihu Berle has dismissed all but one of EA's motions to be dismissed from being added to the suit, which means that the trial will now go ahead in May.

EA's alleged pursuit of confidential information from West and Zampella was cited by Judge Berle as the reason for denying the publisher's motion to dismiss, despite arguments reportedly put forward during the hearing by EA lawyer Robert Klieger that Activision had not produced any evidence of this pursuit for information, labelling the claim a "conclusionary allegation."

"Activision’s attempt to drag others into the suit is subterfuge," EA spokesperson Jeff Brown told GameSpot. "This has always been a simple case of two artists trying to get paid for their work. We’re confident that the jury will side with Jason and Vince and order Activision to pay them the hundreds of millions they are owed."

The ongoing feud between EA, Activision, West and Zampella has been raging since March 2010, with the former Infinity Ward heads filing a lawsuit against Activision over unpaid royalties. 40 ex-Infinity Ward staff have since amended these very complaints against Activision, adding half a dozen new claims against the pubisher, which even include indirect fraud for promising "enhanced bonuses" that were allegedly never delivered upon completion of Modern Warfare 2's development as promised. All 40 ex-IW employees are now seeking hundreds of millions of dollars in damages.

A copy of the complaint claims that as part of "Activision's intense determination" to close a huge merger with Vivendi Blizzard in early 2008, "Activision greatly increased the value and attractiveness of the bonuses, royalties, and creative authority promises it made to West, Zampella, and the plaintiffs."

The complaint continues: "But Activision had no intention of actually honouring the very favourable promises it made, including but not limited to the promises to pay plaintiffs enhanced bonus payments."

The trial of Activision vs. EA, West and Zampella will commence in May.

User Comments

Forum Posts: 5	Comment #1 by sashu545 Thursday, March 17, 2011 @ 05:54:10 AM	(0)
	Thank God this dosent have anything to do with Rockstar. I need L.A.Noire

Forum Posts: 171	Comment #2 by Intruder777 Thursday, March 17, 2011 @ 06:09:27 AM	(0)
	@#1 so true. Nothing new with EA & Activision.

Forum Posts: 7	Comment #3 by opt1mus76 Thursday, March 17, 2011 @ 06:57:17 AM	(0)
	Can't believe Activision are risking all for the sake of paying out the royalties/bonuses. Kotick could become Bankrupt Bobby if courts decide to award damages/compo onto any unpaid fees to West, Zampella and the rest of IW staff. And EA will probably start their own legal proceedings if Activision lose for dragging them into it

Forum Posts: 2472	Comment #4 by Lord Tony Thursday, March 17, 2011 @ 07:00:14 AM	(0)
	If another Call of Duty is released that will pay off this whole dumb lawsuit.

Forum Posts: 0	Comment #5 by johny66 Thursday, March 17, 2011 @ 07:16:09 AM	(0)
	Did holding meetings with EA violate west and zampella,s contract?

Forum Posts: 15	Comment #6 by Graywolffe Thursday, March 17, 2011 @ 07:36:36 AM	(0)
	@ #1 / In other words, the Western (RDR) wasn't boring enough to put you into a long and restful gamer sleep. You're desperately in need to have an aged, stagnant, and cliche Detective game instead in hopes of reachin' such your long sought after deep sleep.

Forum Posts: 276	Comment #7 by FatMachismo Thursday, March 17, 2011 @ 07:36:46 AM	(0)
	@ #4 Exactly. Seriously, why don't the just write a soap opera out of this. It would be like Law & Order meets Wall Street or something. I wouldn't put it past Activision to want to make a film out of this similar to the Social Network if they do in fact win. Oh nearly forgot... Insert generic activision are teh suxorz comment

Forum Posts: 206	Comment #8 by Mee-Gell Thursday, March 17, 2011 @ 08:04:04 AM	(0)
	@8 maybe they'll make an over rated game about it. they're good at that! LOL. i dont really care who wins. they all have tons of money. and a couple hundred of it was MINE! lol

Forum Posts: 206	Comment #9 by Mee-Gell Thursday, March 17, 2011 @ 08:04:19 AM	(0)
	@7 i meant lol

Forum Posts: 452	Comment #10 by sanchezz4387 Thursday, March 17, 2011 @ 08:14:45 AM	(0)
	@6 how can u say RDR was boring ??? Have you actually played the game??? I hope activision get taken to the cleaners, can definitely see them losing this case.

Forum Posts: 121	Comment #11 by mgsgenesis Thursday, March 17, 2011 @ 09:23:39 AM	(0)
	i really hate ativision, cod just a boring st game now! do something new, forgod sake! last cod i brought, and only cod ive played was MW2 and then after all this BS started, i aint ever buying anything from ativision.... money grabbing b**s

Forum Posts: 769	Comment #12 by johnnyhotrocks Thursday, March 17, 2011 @ 09:27:40 AM	(0)
	Activision are so up thier won arse i hope to fuck they hit the shits litterly. honestly Activision and EA are both cancers of the gaming industry taking what doing what they want because they both feel they have a god dam right. year in year out the same old fucking games released and on Activision's part ripping of the customer with stupid plastic controllers ans rising prices for the top games/dlc.

Forum Posts: 769	Comment #13 by johnnyhotrocks Thursday, March 17, 2011 @ 09:29:24 AM	(0)
	OOPS won = own

Forum Posts: 21	Comment #14 by zzxxz Thursday, March 17, 2011 @ 11:52:51 AM	(0)
	@11 my thoughts exactly i hope the jury is full of real gamers i.e. activision haters so they find kotick guilty of murdering a formerly good franchise (COD or guitar hero, your choice)

Forum Posts: 798	Comment #15 by automechtech1 Thursday, March 17, 2011 @ 12:52:15 PM	(0)
	I'm still awaiting the facts. I don't like Acti, but if there is solid evidence of breaches in contract, then West and Zampella are in the wrong. With EA involved, Acti must have some kind of evidence, otherwise this was a very bad move on their part...

Forum Posts: 30	Comment #16 by JVB-izzle Thursday, March 17, 2011 @ 03:48:05 PM	(0)
	Haha of all the companies this has happened to EA and Activision! They both suck, Call of Duty is the same thing released over and over again and EA just releases average games that suck for trophies. Maybe the good companies like Sony and Rockstar will get ahead now!

Forum Posts: 272	Comment #17 by Trip Thursday, March 17, 2011 @ 03:56:18 PM	(0)
	I can't believe anyone would actually think that having EA on their side would help them during an ethics dispute. EA themselves have a reputation for unethical treatment of their staff. The creators should be paid for their work, no matter the quality of the resulting product. These incidents just make me more thankful for developers like Insomniac, Sucker Punch, Bioware, 2K and the myriad of others who still realize happy workers make better workers who produce better products.

Forum Posts: 12	Comment #18 by rutger666 Thursday, March 17, 2011 @ 04:23:20 PM	(0)
	@5 when you're contracted to a company like they were other companies may need permission to talk to them, they'll need to get intouch with their employers first otherwise the people looking to contact them can get sued big time. At the end of the day anything could go on in secret meetings, the guys from infinity ward could have sold valuable info about the COD franchise for cash payments, not saying they did but that's why these meetings needs to be monitored, but of course activision would never have let them talk to EA anyway.

Forum Posts: 969	Comment #19 by Sly-Creed Thursday, March 17, 2011 @ 09:57:34 PM	(0)
	@17, I agree. Its best to have a publisher more professional like Sony, Microsoft, Rockstar, etc. At least you dont have to worry about things like this.

Forum Posts: 840	Comment #20 by kensredemption Friday, March 18, 2011 @ 12:05:24 AM	(0)
	Why am I not surprised that Activision would sleaze this much? -_-; I've heard enough out of both of them. It's embarrassing. It's like watching two toddler brothers arguing in public over a lollipop or something like that.

Forum Posts: 777	Comment #21 by clone150 Friday, March 18, 2011 @ 05:17:03 AM	(0)
	Hmm, two evils here, but which one should win? Activision, or EA? Personally, I think Activision is like the LJN of our times, for those of you who have been gaming a long time or watch the Angry Video Game Nerd :)

Forum Posts: 220	Comment #22 by DanDx Friday, March 18, 2011 @ 10:34:46 AM	(0)
	I like EA, it actually makes good games... unlike Activision.

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Game Info

Developer: Infinity Ward Publisher: Activision Genre: Shooter Release: US: November 10, 2009 Europe: November 10, 2009 Japan: December 10, 2010
Resolution: 480p, 720p, 1080i, 1080p
Sound: Dolby Digital 5.1
Players: 1-4
Online Players : 2-18
ESRB: Mature

Collection:	5286
Wishlist:	191

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