Fantasy Warfare: West, Zampella and Call of Duty

April 6, 2011 -

In theory, former Infinity Ward heads Jason West and Vince Zampella could regain partial control of the Call of Duty franchise. We say in theory because the chances of that ever happening are somewhere between slim and none. But the two counts of fraud that the duo added to its lawsuit against Activision earlier this week also asked the court to rescind the Memorandum of Understanding agreement. If the court were to give them a favorable ruling hypothetically, the duo could co-own Call of Duty and release their own games in the series. It's an interesting scenario to explore, even if it is on par with the plot to Independence Day in terms of likelihood.

Wedbush Securities analyst Michael Pachter - and most anyone with an inkling of common sense say that this will never happen.

Pachter explained to IndustryGamers that the law won’t allow West and Zampella to co-own the brand because there's no legal basis for it.

"West and Zampella have no prayer of obtaining control of the brand," stressed Pachter. "They can claim that they were granted creative control, and there is a reasonable chance that they would prevail, but they lost that control when their employment was terminated. If they can prove their termination was wrongful, they will be entitled to damages, but there is no legal basis to award ownership of the brand to them. They could conceivably change their complaint and seek reinstatement as employees, but I haven't seen any demands from them to make that happen."

"As it happens, they have never claimed that they 'own' the brand; instead, they claim that they were granted creative control over the brand under their employment agreement. These are two completely different things. Their creative control was clearly intended to be in effect only while they were employees, and the day that their employment terminated, their creative control ended (made clear by Bobby's alleged comment that "[i]t's impossible for you guys to get fired"). Since they think that they were wrongfully terminated, they are pursuing a claim for damages, which would be the appropriate remedy."

Image source: Paperback Writer


Comments

Re: Fantasy Warfare: West, Zampella and Call of Duty

I like the pretty picture of the castle.

Re: Fantasy Warfare: West, Zampella and Call of Duty

Assuming they win their case, couldn't they try to get co-ownership of the brand in lieu of monetary compensation? I mean, I figure the CoD brand in the long run would be worth far more than anything they could get as far as damages go.

"Power means nothing without honor and pride."

http://grifsgamereviews.blogspot.com My video game review site.

Re: Fantasy Warfare: West, Zampella and Call of Duty

Which is exactly why they wouldn't get it. Without any real legal claim I do not think the judge would award them a share of the CoD brand; the only way they could get in lieu of monetary compensation is through a settlement with Activision, and Activision would certainly never do so as having an exclusive hold on the brand is bound to be much more worthwhile that whatever they would have to give up to West and Zampella. 

Re: Fantasy Warfare: West, Zampella and Call of Duty

Which is kind of a double-edged sword. Without West and Zampella, CoD isn't going to be worth nearly as much, considering they're the ones who pulled the CoD series out of the oversaturated market that is WWII shooters. If it weren't for them, CoD would have died years ago. And there are some, if not many, who doubt the new dev team they hired for Modern Warfare 3 can make a product as high-quality or as successful as their predecessors. I can guarantee you Black Ops wouldn't have sold half the copies they did if they had named it something other than "Call of Duty".

If Activision were smart, they'd swallow their pride and let them have co-ownership so they can keep milking the CoD brand for years to come.

"Power means nothing without honor and pride."

http://grifsgamereviews.blogspot.com My video game review site.

 
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Matthew WilsonI think he was talking about wanting a real one.05/29/2015 - 7:19pm
Andrew EisenKarp - A real Conker game or are you content with that Project Spark thing?05/29/2015 - 7:18pm
Matthew Wilson if they are smart, they hire Hideo Kojima, give him his own studio, and rebew the partnership with Guillermo del Toro.05/29/2015 - 7:04pm
MattsworknameReally hope silent hills gets made, it really deserves to be released, and konami is being stupid riht now so if MS wants to take it, more power to them.05/29/2015 - 6:32pm
Wonderkarp80% complete? Well. If there was ever a reason to make me buy a Xbone, that would be it. That and Conker05/29/2015 - 5:24pm
Matthew Wilsonif true, a very smart move.05/29/2015 - 5:24pm
Adam802Huge if true: http://www.ign.com/articles/2015/05/29/silent-hills-reportedly-an-xbox-one-exclusive?abthid=5568e08e738dff6a4f00002305/29/2015 - 5:19pm
WonderkarpRegion locking annoys me. I cant tell you how many Japanese games I want to to play but need to own another console and learn japanese to play them!05/29/2015 - 5:13pm
MattsworknameThis kinda thing is why I have a very negitive view on things like region locking and games not being released universially. it creates problems like this where the game gets reduced as a result .05/29/2015 - 4:41pm
Andrew EisenNeither will the 3DS. Wait, WHAT?! http://www.siliconera.com/2015/05/28/samurai-warriors-chronicles-3-does-not-include-nintendo-costumes-in-the-west/05/29/2015 - 4:33pm
Andrew EisenSamurai Warriors Chronicles 3 will not include the Nintendo-themed costumes when it hits the Vita in NA and EU next month.05/29/2015 - 4:32pm
Wonderkarpthe brilliance of the Wii U is they could offer 2 games in 1 package. Tablet/pro controller controls, and then a flipped game with WiiMote. Add a master quest too it too05/29/2015 - 4:18pm
Andrew EisenTwilight Princess would be my favorite if it didn't have a few notable design issues. But yeah, those few things aside, it absolutely trumps Ocarina in most every way.05/29/2015 - 4:11pm
WonderkarpTwilight Princess is my favorite Zelda. Its a legit sequal to Ocarina, enhancing everything Ocarina had, and I hope there's a HD Remaster with gamecube controls. Make it Nintendur!05/29/2015 - 4:08pm
E. Zachary KnightI borrowed Wario World, Ocarina of Time and Twilight Princess. So I am going to try to play at least one of them this weekend.05/29/2015 - 3:52pm
MattsworknameIm gonna be splittingmy time between blood borne, the witcher 3, tokiden, and some pc games.05/29/2015 - 3:34pm
DocMelonheadIn fact, if the whole campaign is to make fun of Zoe Quinn, Leigh Alexander, and Brianna Wu, then I'm not going to stop them.05/29/2015 - 2:30pm
Wonderkarp@andrew game parody idea. 50 shapes of grey05/29/2015 - 2:30pm
DocMelonheadBut I highly doubt that they encourage "death threats"; even they know that gone too far.05/29/2015 - 2:29pm
Wonderkarpi mean, i could create a a random twitter, tweet #blacklivesmatter along with terrinle racist death threats to somebody and be and youd claim the tag was a harrasment campaign by that logic. no. its a bigger issue than a random hashtag05/29/2015 - 2:28pm
 

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