Activision Strikes Back

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In response to the lawsuit filed by Call of Duty: Finest Hour developer Spark Unlimited in August, publisher Activision has launched a countersuit claiming that Spark itself is guilty in all the situations cited. GameSpot has an extremely detailed report on Activision's suit. Essentially, Activision is filing some of same charges Spark filed, and more, including fraud, breach of contract, trade secret misappropriation, trademark infringement, false designation of origin, and false advertising.
The suit goes on to lay the groundwork for the fraud charge, saying [Spark CEO] Allen's "misrepresentations were intended to deceive Activision into believing that Spark possessed the talent, knowledge, skill, and experience necessary to create a similarly successful new WWII video game franchise that could rival Medal of Honor." It continued, "Activision only later discovered that Allen had falsely and greatly exaggerated the role played by the Spark team in the creation, development, and production of Medal of Honor and that he had misrepresented the capabilities of Spark, whose monumental incompetence at its executive levels and inability to avoid doom without Activision's intervention, Allen would himself later concede."

Activision is coming out with guns blazing, and is emphatically contesting just about every point Spark made. This is looking to turn into a pretty brutal conflict, and it doesn't seem like it's going to have a pretty ending any time soon.

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From The Chatty
  • reply
    October 6, 2005 3:07 PM

    Damn, son. I'm willing to bet this'll end in a settlement with all charges dismissed by both sides at some point, with Activision probably making the payments, but who knows.

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      October 6, 2005 3:08 PM

      If they don't, I'm never going to see the money they owe me.

      • reply
        October 6, 2005 9:06 PM

        But if activision bills spark for the multiplayer you might see some of that :P

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      October 6, 2005 3:09 PM

      You know, on reading that again, it basically sounds like Activision is calling Spark Unlimited incompetent. That sounds like it might be something that'd be hard to prove. Pretty much all developers have some kind of trouble making games at one point or another.

      It's gonna get sloppy!

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        October 6, 2005 3:20 PM

        Well I picked the word "incompetent" without noticing that it's in the quoted paragraph. Sounds like blustering on Activision's part, but who knows.

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      October 6, 2005 4:14 PM

      Nah, really with lawsuits like these, it ends up being the one with the more resources wins.

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