Infinity Ward lawsuit going to trial with EA, Activision, West & Zampella

Jason West, Vince Zampella, Activision and Electronics Arts will indeed be duking it out in court next year to settle the big video games "he said, the monolithic corporation said" kerfuffle of 2010, after a judge denied motions for summary judgement.

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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 to sign 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, claiming the pair attempted to undermine IW so it could poach employees for a new studio, and had been in clandestine meetings with a then-unnamed competitor.

A few days later, West and Zampella announced the formation of Respawn Entertainment, signing an exclusive publishing arrangement with EA. Forty-odd Infinity Warders eventually followed West and Zampella to Respawn. A number of people who worked on Call of Duty games at IW 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."

From The Chatty
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    December 23, 2011 7:00 AM

    Alice O'Connor posted a new article, Infinity Ward lawsuit going to trial with EA, Activision, West & Zampella.

    Jason West, Vince Zampella, Activision and Electronics Arts will indeed be duking it out in court next year to settle the big video games "he said, the monolithic corporation said" kerfuffle of 2010, after a judge denied motions for summary judgement.

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      December 23, 2011 7:41 AM

      [deleted]

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        December 23, 2011 8:07 AM

        But who's the biggest scum? Umm? Umm?

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        December 23, 2011 9:10 AM

        Yeah, either that or just dismiss the whole thing. Activision has their mountains of money from two consecutive "biggest ever entertainment release" Call of Duty titles (CoD:BLOPS and MW3), EA essentially re-hired the team behind Medal of Honor: Allied Assault, and Respawn is free from the controlling forces of Activision. As it is, this case is really just "really rich people bickering over more money", as Chris Remo put it about 18 months ago, as well as disputing California's non-non-competition-clause stance, and the dirty laundry from all the previously redacted communications from West/Zampella and their buddies in the industry.

        From the un-redacted parts of the legal documents, all three parties seem like typical businessmen (i.e.: complete assholes). This is going to be the gaming industry's CourtTV for most of 2013.

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          December 23, 2011 9:57 AM

          So people who haven't been paid what their contract said it would pay are scum? I'm not talking about West and Zampella. I'm talking about the 40 some odd other employees that West and Zampella are sticking their neck out for to make sure they get paid what they were due. Activision is the only scum present in the room guys. Everyone else in the room is just trying to get what they were promised.

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            December 23, 2011 10:02 AM

            [deleted]

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              December 23, 2011 1:17 PM

              ^^^^^this.

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              December 23, 2011 2:56 PM

              This doesn't make sense to me.

              You're saying that WZ were still in charge of bonuses at IW, but already had another team at another company. So WZ want to keep their people at IW, and to do so they don't pay them bonuses, hoping that they can pretend it was Activision's doing?

              Why wouldn't they just say "psst, hey guys, we're leaving and we want you guys to come with us"?

              I mean, I'd believe it if you said WZ wanted to keep all the bonus money for themselves, but your story seems unlikely.

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            December 23, 2011 1:13 PM

            I think there are a lot more stories to be told. Between West/Zampella and Activision, each party seems to claim that the other was sitting on the MW2 bonuses.

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        December 23, 2011 9:14 AM

        I don't think Vince and Jason care about the money (directly). Seems they want the Modern Warefare IP - so they can continue to make games under that. And while both companies have lots of cash, I'd prefer to see the ip in the hands of the people who created it.

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      December 23, 2011 7:42 AM

      Popcorn!

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      December 23, 2011 8:10 AM

      I forgot it's still going on.

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        December 23, 2011 5:12 PM

        I wonder if we could sit in on the hearing, it would be kinda fun to watch.

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          December 23, 2011 6:52 PM

          As if court hearings are fun...

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          February 13, 2012 3:06 PM

          Everyone should be supportive and show up, anyone who finds the address POST IT. This game sold more than 10 million copies, w/ 300, 000 people online at a time still! West and Zampella made an amazing product that will influence program standards for decades to come. It would be supportive, and a good way for others to understand how corporate giants operate so we of a democracy understand what we all face in whole and truth.

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