Ben-DutkaWe told you it'd be nasty.
The fallout from the Activision/Infinity Ward tiff is only just beginning and we expect it to last for quite some time. After learning that Activision would sue the studio for breach of contract and "insubordination," we now learn that the IW executives they fired are turning around and suing the publisher. Yep, mess. According to GameSpot , ex-Infinity Ward president Jason West and CEO Vince Zampella have decided to file a counter lawsuit of their own: Los Angeles-based legal firm O'Melveny & Myers announced today that the suit against Activision – on behalf of West and Zampella – asks for unpaid royalties and "the contractual rights of Activision granted to West and Zampella to control Modern Warfare-branded games." Activision says the two were sacked after an "internal human resources inquiry into breaches of contract and insubordination," but the IW execs claim they were fired "weeks before they were to be paid substantial royalty payments as part of their existing contracts for Modern Warfare 2." Attorney Robert Schwartz issued the following statement:
"Activision has refused to honor the terms of its agreements and is intentionally flouting the fundamental public policy of this state [California] that employers must pay their employees what they have rightfully earned. Instead of thanking, lauding, or just plain paying Jason and Vince for giving Activision the most successful entertainment product ever offered to the public, last month Activision hired lawyers to conduct a pretextual 'investigation' into unstated and unsubstantiated charges of 'insubordination' and 'breach of fiduciary duty,' which then became the grounds for their termination on Monday, March 1."
We also learn that both West and Zampella were "shocked" to learn they were being fired and as Zampella noted, "after all we have given to Activision, we shouldn't have to sue to get paid." These guys are claiming breach of contract and "breach of the implied covenant of good faith and fair dealing, wrongful termination in violation of public policy, and declaratory relief." The publisher in question is already on shaky terms with gamers everywhere; this likely won't help their image because it appears like a "Big Bad Corporation" vs. "Innocent Individuals" case. But to be fair, we need to hear Activision's side in more detail before passing judgment.
Kotex… Got it!!!
Yes they really need to sue.
BTW I'm back at playing MW2 again. It definitely deserves that 94 overall critic score. The MP doesn't get boring. I tried BBFC2, meh…. Seriously IW did a great job with MW2, face it.
Though its sad they haven't received a penny on those royalties.
What can you even say? Hard to believe anyone could actually work for Kotick and still find this surprising. I certainly don't. How many lawsuits has Activision been involved in? And yet there are people eager to go to work for Activision's new studio, Sledgehammer or whatever. Here's a tip: Have your lawyer go over every word of your employment contract before you sign it, and then hire private investigators to dig up dirt on your employer. That way, you may – may – stand a chance of getting paid.
They'd probly sue you for having a lawyer look at your employment contract. Thats defamation of character, right?
GOD DAMNIT …. the sequel everyone was talking about is SOCOM 4 zipper developing . GOD DAMNIT I NEED TWISTED METAL I HAVE A SWEET TOOTH .LOL
Last edited by TEG3SH on 3/4/2010 3:11:41 PM
Will make a point of not buying anything by Craptvision.
Go get them boys!!
Here I am going to hijack this thread real quick.
That big unspeakable sequel that you have known about for years wouldn't happen to be SOCOM 4 that the PS Blog confirmed a bit ago would it?
Back on topic: I really do hope the IW execs the best in this whole debacle. It seems that Activision is playing the jerk card as I said previously in more eloquent wording.
Last edited by coverton341 on 3/4/2010 3:34:20 PM
I hope they win, I mean they would become "The ones that defeated the dark lord from Acti-Mordor!"
Cheers to them, monuments, graffitties, t-shirts, avatars, swords, whores, horses, whatever them need for support……and I bet they're already on Sony's crosshair 🙂
-Off topic-
SOCOM 4 is in development by Zipper Interactive, they said it should be released in Fall.
Can't wait. : D (I love socom)
If it were the d-bags at Valve, I wouldn't care. 😉
Kotick doesn't care. He invested, what 2million, in stocks five years ago when he took over Acnevision? Those stocks have no made him upwards to something like 50 million now. That's a hell of an investment in such a short time.
He doesn't need to worry about money, why is he trying to screw the IW guys? Or if he doesn't have to pay them does that mean more for him?
Either way, it seems like Kotick is trying to ruin gaming again. He's got his money, and he has a whole book full of unethical business practices, but when will the gamers decide that this guy needs to be running something other then a video game company which he hates so much?
he's starting to sound like South Australian Attorney-General Micheal Atkinson.
Don't care 'bout either
But Activision's worse
Am I the only one that finds it completely disgusting that a video game publisher would find it more acceptable to pay lawyers to sue someone to avoid paying the people being sued the royalties they deserve? Do lawyers write video games all of a sudden? All those millions of dollars that MW2 fans are throwing at Activision are not going to Infinity Ward, nope, they go to financing Mr Kotick's latest yacht or home or whatever and of course the private schooling of the lawyer's kids.
Pathetic.
We have a saying from where I come from…
Be patient during the reign of the tyrant: It is shorter than the just rule. For surely it takes longer to build something, than to destroy it…(meaning despotic, usurping authorities, corporate, political, or otherwise don't last long and eventually destroy themselves).
I am totally with you Highlander.Greedy SoB.
"After all we have given to Activision"
That pretty much sums up how I feel about this dispute.
People need to start voting with their wallets and showing Activision how they feel.
Kotex isn't after money, he's after POWER & CONTROL!!!
And with power & control, all the money will follow & flow freely.
He want's to rule the world at any cost….and the way he just went about intimidating IW this week, proves that much alone.
Anyway, my Heavy prophecy is that it's about to Rain on Anti-vision's parade, they're going to lose another suit, in a long line of losing battles.
I'm sure IW's lawyers have already been pouring over all of kotex's prior maniacal statements, and just for the added ammunition proving his non-creditability & his illusions of grandeur, over the last few years.
IW's lawyers "WILL" use his very own statements against him, showing him as the self-imposed evil warlord of AntiChrist-vision, and also showing that there's a very distinct pattern to all his shadiness.
Statements about his lack of character & lack of moral fiber…such as……
1.The days of my development teams having fun making games, is over.
2.If I could, I'd charge more for my games.
3.Sony need to lower the price of the PS# or we may walk.(the last 2 alone, show him as the hypocrite he is)
When they're done with kotex's long history creditability issues, Kot'zee just may have to buy some A-1 sauce so all that rhetoric he's been spewing out the last few years, has a chance of sliding down his gullet without choking him outright.
Last edited by BikerSaint on 3/4/2010 6:13:51 PM
Go get em, IW!!!
I support you all the way!!!!
@SONY,
Get IW's signing papers ready now, cause August will be approaching fast!!!!!
I don't like either party in this dispute but even I can see that Activision is screwing IW.
Yeah, my crystal ball has already revealed this tragic and despicable future to me. It's gonna go something like this. Since West and Zampella at IW were in "cahoots" with another publisher, they have therefore, breached their official contract with Activision. All royalties once belonging to West and Zampella are now profits of Activision's. Also, along with the royalties, Activision will receive rights to Modern Warfare branded games. As if this wasn't enough, West and Zambella you are indeed fired for the breach of contract. Tough break you two. Court adjourned. Kotick hands the judge half of West's and Zambella's royalties later that night. Kotick says, "The rest I'll donate to some charities across the globe to reassure Activision loves its consumers…hehahaheheHAA! The cycle repeats.
@just2skillf00l,
I believe your crystal ball has a huge, but unnoticed, flaw in it. LOL
Last edited by BikerSaint on 3/4/2010 9:02:50 PM
That depends on the contract. If the contract does not stipulate that they cannot negotiate future contracts during the duration of the current one, there is nothing to stop them. After all, when their current contract term with Activision ends, they are free to accept contracts with whoever, so why would their current contract contain language that precludes them from discussing future work with other potential partners? Even if they are in breach of those terms of the contract unless the contract contains a penalty clause for that conduct, the rest of the contract is still in force and royalties should be paid.
I will definitely be doing my happy dance when West and Zampella win this lawsuit. Trying to work the system to avoid paying people for a job well done is as criminal as an organization can get.
I'm hoping it turns out good for West and Zampella…I really do. Contracts however, are strict. If they violated even one term of the contract, the consequences of their violation will be in the hands of the contract. Like TheHighlander said, it all depends on the terms of the contract. My comment above was more of a lol comment but I guess it wasn't well received…
I read it more like you felt that Activision would win the day in court because the contract was the contract was the contract…
But I see where you're coming from now. Like you say, contracts are really strict, as are their interpretation. I followed the case of SCO vs IBM for years, even including the involvement of Novell, and believe me, I know who exact contract interpretation needs to be and how exact the language needs to be.
But that's the nice thing about contracts, contract law and the courts, a well written contract is (believe it or not) everybody's friend. Sadly though, a poorly written contract is a friend only to a sharp lawyer.
After reading up on the Activision scheme and West's and Zampella's predicament a bit more, it seems like these two guys have the upper-hand. Of course from their side of the story. Check this link out from Gamestop. Activision, you guys abuse the cold-blooded perk…
http://www.gamespot.com/news/6252956.html
Fire or sack Bobby Kotick and give Activision a huge overhaul and restructure!!!!
The problem is not Activision alone people!!! Remember this.
The problem is a money-hungry businessman named Bobby Kotick who has no respect for others, no sympathy or compassion for other companies or people and will break whatever contract laws and promises in an attempt to keep more money for himself and make even more money off customers who support a title, not the game itself.
So, with that argument made, I will say this…
F@*% Bobby Kotick. Enjoy the pitchforks in your a$& as I watch you burn in hell from above.
Good luck and my deepest sympathies to Activision for having to put up with this man, and for having to work so hard in the future to win back its positive image.
I just wonder if the rest of the company realises how much Bobby is hurting their image. Do they not see or realise the huge mess they are getting themselves into?
Probably can't hear me with all their dollar bills stuffed in their ears. Money doesn't keep you warm at night, but the fury of a gaming community scorned will fire up red hot!!!
Nicely put dancemachine55.
this will only getting uglier over time.
normally dont say this because its slack but i think moneyvision have brought it on themselves.
i hope IW rips them a new one and their bleeding money for the next 24 hours than they have to file for bankruptcy.
cant see that happening because well all the idiots keep shelling out for there games, as ive said every single time i go to EB there is at least one person buying guitar hero, DJ hero or band hero.
but i for one will be dancing on moneyvisions grave!
isent it funny almost every week theres a new law suit filled against moneyvision?
honestly how do they keep getting away with this sh*t?
i know M$ are above the law but i thought that was it. they must of invited moneyvision into the group.
ohhhhhhhhh! it all makes perfect seance now thats why arron greenburg and bobby seem so alike.
mes thinks there one in the same 😉
Last edited by ___________ on 3/5/2010 12:48:18 AM
Yeeeeah, go step their asses Infinity Ward!
Activision… The new EA!
Man, five years ago EA was the company everyone hated.
How the times change.
First EA started rehabilitating its image by trying out new IPs and
producing better quality games.
Now Darth Kotex has fully established Activision as the Death Star of
the videogame industry.
Well… it goes round in circles…
Lol, Darth Kotex…
"hmm, the evil one I see… heart is heavy, only money is on his mind… suffering Infinity Ward is… clouded the future will be…"
Q!
"speak to the droid"
Last edited by Qubex on 3/5/2010 10:08:17 AM
I resent all the hate. I'm just trying to do business.