Now that former Infinity Ward leadership Vince Zampella and Jason West have filed a lawsuit against Activision (those papers were filed yesterday -- get the breakdown here) the legal fight is on. I've since reviewed an Activision internal legal memo from a source close to the company that details what documents Activision is searching for related to the current litigation with Zampella and West.
Much of what Activision's looking for is standard for a legal dispute related to, in Activision's words, "breach of contract" and "insubordination." Activision also believes they're legally in the clear.
"The Dispute involves West and Zampella's management of IW, as well as the development and marketing of Call of Duty: Modern Warfare 2 ("MW2"), and potential subsequent games developed by IW," reads the memo sent internally before the lawsuit was filed. "Activision believes that it has done nothing wrong and intends to vigorously defend any claims asserted by West and Zampella."
Below are some excerpts from a list of documents that Activision is looking for. Note the last one:
- "Documents regarding past, current or future IW projects, including but not limited to any and all businesses analyses of future projects (e.g. Modern Warfare 3)"
- "Documents regarding any potential 'spin out' of IW, including but not limited to any communications with IW employees, West or Zampella regarding forming a new studio independent of Activision"
- "Documents regarding West and Zampella's communications with Activision's competitors, including but not limited to Electronic Arts"
Modern Warfare 3 likely isn't in development yet, but it's not surprising to see that it was already on everyone's radar. The memo seems to indicate that Activision may have suspected West and Zampella were looking outside the company.
More details as they become available.
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Korzo
Maybe I'm being to literal with the terminology but shouldn't they not have to track files like that down at this point seeing as how its the reason they fired these guys, shouldn't they be on the top of a pile of documents and not buried away somewhere. Cause right now it sounds like Activision blindly fired these guys with no hard evidence and now that it's become a legal matter there scrabbling to find something
andrewrauch2010
i hope activison loses this battle
cmdluke
interesting.
Kudos to you, Mr. Klepek, for all your hard work on this story.
DarkKenzu
So they got fired for talking to EA huh. Cant blame them with the way Activision handles their "biggest" franchise like what was Guitar Hero.
Cyphin
Really Activsion, really? You brought IF in 2003 and now someone just suddenly remembered/conjured up this bs 7 years later. I don't know what the hell some peeps are thinking over there besides trying to make more money. If your trying to get gamers and developers to hate you more and more, you'v e really outdone yourselves. Might as well put the final nail in the coffin and fire the heads of Blizzard cause World of Warcraft stalled at 11.5M subscribers when you wanted them to get 12M.
scottalott
Activision is the NBC of video game companies.
DreamingDarklyRobin
I'm not really sure I care, but either way it just means more unnecessary Activision hate.
If people really cared they won't buy the next CoD game, but lets face it, teh fratboys will prevail.
dizzymissmandy
At this point, I'm not surprised by any of the goings on...
But I must say thanks to Patrick for all of his hard work on the story, but that I hope you get to stop writing articles before 10 tonight.
gardner901
Oh, so basically Activision doesn't know for sure if a breach in contract even occured. It sounds like someone at Activision is putting their personal feelings before business. I mean everyone know these guys were insubordinate. That is no reason to loose your job if your make billions for the company. Activision is stupid, I hope they loose this case and I hope West and Zampella start a new studio with EA and take all Infinity Ward employees with them. I mean EA sucks but Activision is sucking harder right now.
d3stroyer427
Why all the Activision hate? Seriously, I know that they are the "Big Evil Corporate video game company", and that "Bobby Kotick is the devil", but get over yourselves. They are a legitimate company that is trying to make money.
This reminds me of how EA was crucified a few years back, and now nobody even cares.
MaZZacre
This is getting intersting you think it would be easy to find the documents since you guys said they basically own the computers inside IW. maybe its just legal justification for going through there own stuff?
s0rd3z
I kind of hope that Activision loses this battle as well. I'm kind of concerned about how Activision seems to have the intention of flooding the market considering the info that was talked about on Feedback.
Much rather see one quality game every few years rather than two games a year of the same IP but in different genres. As said on Feedback, it's overkill.
KnuxSonic
And the plot thickens. I can totally see them planning on spinning off another new dev house to get away from Activision, but what does it matter what they were planning if they didn't act on it?
TangoAlphaLima
FYI, lawyer here, so maybe I can clear up some misconceptions.
Activision will certainly look through Infinity Ward's files to find any incriminating evidence against West and Zampella, they don't need any legal justification to do so. However, what they need will likely not be on any internal data storage. The list Patrick reported in the post is likely a list of the documents that will be requested for in the discovery phase of the litigation. West and Zampella will be required by law to turn over any of these documents, as will Electronic Arts if they are subpoenaed as well. This would include private e-mails, or what have you, that they may have sent to or received from EA.
My guess is that Activision got wind of West and Zampella's plan to ditch them for EA, and Activision put a stop to it, and now is searching for proof of this plan. Maybe Activision had a legitimate concern, maybe they didn't. This will all play out as the discovery process progresses.
Of course, the other alternative is that Activision is merely concocting this whole dispute to cover up the improper termination of West and Zampella. However this all ends, I know it's good drama for the video game industry to follow.
ProudFilipino
Infinity Ward should win this and not work with Activision again
Th3_R0ltz
Maybe as a spoof or allusion IW should include all of this in their next game or something
G4Nipper
Regardless of the outcome of all of this. I probably will not buy anymore COD titles. I already have refrained from purchasing any non- IW COD's ( 3, WaW ) but now will probably skip the title altogether.
If I worked at IW after all of this, I would probably be updating and mailing out my resume'.
tdogg06051991
My guess is that Infinity wards leaders breach of contract had to do with files given to EA my guess is they were helpin with Medal of Honor
SilverJC
so in other words Activision is saying the Infinity Ward people where plotting with competitors?
Sorry but I wanna know what control substance Activision before they made up this excuses, so they wouldn't have to pay the royalties to this two guys.
Corporal_Joe
DEAR GAWD! THE WHOLE GAMING WORLD IS FALLING APART!
Board your homes and protect your children.
...Yeah, this sucks. I hope IW can get through this.
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