West and Zampella Claim Fraud in Activision Suit

April 4, 2011

Former Infinity Ward front men Jason West and Vince Zampella have added something more to its ongoing lawsuit against Activision: fraud. The duo claim that Activision had no intention of honoring its promises of bonuses and creative control on the Call of Duty franchise. According to a freshly filed complaint, West and Zampella secured a contract with Infinity Ward through a "Memorandum of Understanding" with Activision.

"To protect its interest in consummating its merger with Vivendi Games, Activision needed to do everything it could to keep West and Zampella content with their responsibilities and compensation at Infinity Ward. This gave West and Zampella considerable bargaining power in their negotiations with Activision," reads the amended complaint.

The Memorandum of Understanding stated that West and Zampella must stay with Infinity Ward in order to receive control and bonuses. The duo also allege that Activision CEO Bobby Kotick had told them "don't worry about it. It's impossible for you guys to get fired." But the complaint alleges that Activision had no plans to honor its contractual obligations.

"While paying lip-service to West's and Zampella's creative authority, in 2008 and thereafter, Activision began secret development of Modern Warfare and Call of Duty games and related products, and undertook other conduct in relation to these two video game franchises that, under the MOU, required prior approval from West and Zampella."

"Activision did not inform West or Zampella of such plans or seek their input or approval for them. Indeed, while breaching the creative authority provisions of the MOU, Activision continued to pay lip-service to them, in an attempt to mask its secret development efforts."

West and Zampella are suing Activision for $36 million. Activision is countersuing the pair, along with Electronic Arts for $400 million.

Source: GI.biz


Comments

Re: West and Zampella Claim Fraud in Activision Suit

I really hope West and Zampella rake Activision over the coals.

Re: West and Zampella Claim Fraud in Activision Suit

If this were a perfect world, both EA and Activision would be raked over the coals, while West and Zampella make out like bandits.

*Sigh* Johnny Cochran, you left us too damn soon.

"Power means nothing without honor and pride."

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NyuRenaYou nailed it James! Yikes..06/18/2013 - 1:56pm
james_fudgeWith MS willing to share with the government, an always listening device should give everyone pause.06/18/2013 - 1:37pm
james_fudgeyou can't turn off the Microphone on the Kinect and it has to be plugged in. It's not rocket science.06/18/2013 - 1:35pm
E. Zachary KnightThe Humble Bundle Guys just don't like me having money in my pocket do they? https://www.humblebundle.com/06/18/2013 - 1:12pm
E. Zachary KnightCMiner, I know that my Android camera is off unless I am using an application that turns it on. Same with the microphone.06/18/2013 - 12:38pm
CMinerCan you turn off the camera on an iPhone? Like, -really- turn it off, not just change a setting that -tells- you the camera is off?06/18/2013 - 12:13pm
james_fudgewhen they make it a requirement, yes they are06/18/2013 - 12:10pm
CMinerI just don't think Microsoft bears any more (or less) responsibility for privacy with its Kinect camera than do the makers of laptops or smartphones with integrated cameras.06/18/2013 - 12:00pm
ImautobotThe ability to operate the console without the camera is key. It's a peripheral, not directly integrated into the console, and yet it behaves as if it is. Thankfully I don't have kids, and won't have an Xbone either.06/18/2013 - 11:49am
CMinerOh, I agree that the decision to make the kinect mandatory/always listening is terrible.06/18/2013 - 11:48am
E. Zachary KnightCMiner, and the easier the provider makes to do such things, the better. The fact that the XBone will not even funtion without it plugged in and turned on in some fashion makes a world of difference from a PC Webcam.06/18/2013 - 11:38am
CMinerIt takes steps on the user's part to ensure 100% privacy (unplugging, uninstalling, putting tape over it, not putting it in the kid's rooms, etc)06/18/2013 - 11:29am
CMinerMy point is that no webcam producing company can guarantee that no one will ever ever ever be able to access video from that webcam without your knowledge and permission06/18/2013 - 11:28am
E. Zachary KnightOf course at that point, you are still opening up yourself to Windows zero day vulnerabilities and back doors that they are happy to share with the government before Windows users.06/18/2013 - 11:26am
E. Zachary KnightCminer, I don't because I wipe the OS and reinstall something more secure, Linux. Even still, just wiping the OS and reinstalling Windows fresh removes all the bloatware PC companies install.06/18/2013 - 11:26am
E. Zachary KnightI agree that the Kinect requirement of the XBone has my civil liberty senses tingling. Just another nail in the coffin for me.06/18/2013 - 11:25am
E. Zachary KnightHonestly, I wouldn't put anything with an integrated camera in my kids' rooms. You are just asking for trouble. Of course, I am not a fan of having tvs/videogames/computers in kids rooms in general.06/18/2013 - 11:24am
CMinerIn the case of integrated webcams on laptops, do you have the same concern that people at Dell, HP, Lenovo, etc might be spying on you?06/18/2013 - 11:24am
E. Zachary KnightI love awesome indie devs. Incredipede is free if you run linux! http://www.incredipede.com/linux.html Thanks @ColinNorthway You're the best.06/18/2013 - 11:23am
ImautobotMore creepy is that the Xbox Camera can see in the dark. Now we're in Buffalo Bill territory.06/18/2013 - 11:21am
 

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