Its sad but they won't win 
 
Activision will just pay for amazing lawyers or something... 
 
fuckin a...

I too hope they win, and especially gain some sort of control of the brands that they have created. Which I think this could happen.  I remember Rare winning over Nintendo the rights to the Banjo Kazooie IP, even though it was owned by Nintendo, Rare provided a case and won that IP from Nintendo when Rare were bought by M$.  If this thing happens this would murder Activision.  Go Guys Go! 
 
On a side note, it will be interesting to see that because of this suit, no doubt the circumstances behind these guys termination may have to be explained if their argument claims that this so called insubordination is all false.

The only drawback of this whole thing is that Zampella and west don't have a tonne of money to throw at a tonne of lawyers.
 
Let's just hope the court case is quick and clean, He said naively.
And not Long, drawn out and nasty. Which is normally how big corporate companies/monsters tend to operate against the little guy when it comes to the court of law. They always know that a prolonged courtcase'll just cost the accuser  way more than they can afford, so that they eventually "parachute" out.
It's an unfortunate truth, but a truth none the less.
 
I mean there may also be a precedence on the contract for royalties that states that if they're caught acting within the guidelines of  "subordination" then the contract is dismissed entirely. I hope not, but it does happen.

GO ZAMPELLA AND WEST!!!! WOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO

" @PufferFiz said:

" good i hope they win. "

agreed  Activision is fucking EVIL "

Eh, I'd like for them to win... but to beat Activision, really? I don't see it happening. 

First of all this topic title is extremely misleading, this is NOT an Infinity Ward Vs. Activision lawsuit. This is simply Jason West & Vince Zampella on their own. 
 
If West & Zampella did breach contractual agreements then they may have inadvertently surrendered any chance of receiving royalties by breaching the contract upon which those royalties were agreed to be paid out on. 
 
It really seems like Activision is relying on the claim that a contract agreed upon by both sides was breached by West & Zampella while the latter two individuals are relying on local and national employment laws to back their claim. My gut feeling is West & Zampella are fighting an uphill battle on this one. Activision has resources to hire the best lawyers money can buy and being such a large and professional company they would have no doubt consulted a legal team and prepared for this sort of thing long before sacking West & Zampella.
  
And if the rumours and speculation being passed around are anything to go by it seems like Activision may be genuinely in the 'right' on this one. Infinity Ward haven't exactly been subtle in hiding their true feelings toward Activision and as the saying goes, you don't bite the hand that feeds you because eventually it will punch you back. This whole situation smells like Activision just finally getting tired of Infinity Ward's rebellious streak and reminding IW who owns them, who pays the bills and arguably who is in control.

I just heard about this while listening to the Bombcast this morning. If Zamp & West were really blasting Activision Execs through Activision message boards & who knows what else they were saying verbally or within email at the company, that's kind of like biting the hand that feeds you.  They should have remained silent until after they got their royalty cash & then burst out into a full-on tirade.  
 
Or maybe they went off on a tirade because they knew they weren't gonna get paid?  Wish I knew.
 
Edit: You know what?  I think I got the reason.  Lawyers smelled a lot of money from these video games, so they moved in on it. They put their own Tool to be CEO of Activision for the sole purpose of hoarding all the money they could & then toppling it, as they know nothing about or care nothing about video game design.  It's no less than a "mafia"-like shakedown by a bunch of bloodsucking lawyers that wanted to get rich quick.  That's my conspiracy theory anyway & I'm sticking to it. :)
 
Edit again: 
And now the Lawyers will be on a feeding frenzy, like man-eating zombies. They'll get their cut on everything. Even the out-of-court settlement will consist of feeding lot's of cash to the two Developer's lawyers as well.

Well, if Tim Schaffer won his suit, I can see these guys winning this one. There's a TON more at stake here though, so we'll have to see.
 
I mean, both sides are claiming "breach of contract" so we'll have to see what a judge thinks. At least West and Zampella are alluding to what Activision has done which constitutes "breach of contract", while Activision has said nothing so far (all the info we have is just from a legally obligated disclosure from an SEC filing). And the story of Activision trumping up some claims of "insubordination" to get rid of these guys is believeable. Look what they have to gain: 
 
a) not have to pay royalties to the top 2 guys from IW (who probably would get the 2 biggest cuts of said royalties) and when we're talking over $3 billion in sales, that's a lot of cash, and 
 
b) control of the MW brand and CoD franchise - if rumours are to be believed (because details of their contract were never released), IW signed with the idea that they wouldn't have to make another MW game if they didn't want to, or at least could make something else first, while preventing another company from developing a MW3. And since IW has said they always stay on a strict 2 year cycle and work on only 1 project at a time, that could mean no MW3 for as long as 5 years after MW2. Acitivision and Kotick, who LOVE their annual releases, would not like that. Remember, that contract was signed long before MW2 came out and it became the biggest selling entertainment release of all time. Once that happened, I could see why Activision would no longer want to honor that contract...
What would West and Zampella have to gain by breaking the contract that supposedly would allow them to create a "unique new IP" and "maintain control of the MW brand"?

" you know what this reminds me of .. Ghost and Roach  (   Vince Zampella - Jason west ) in mw2 being betrayed by commander Shepard ( Activision ) fits so well.. "

I pray to (the non-exciting) god that they win, and that it will kill Activision.
 
One can only dream.

since i dont know why West and Zampella got fired i have nothing to say in this matter.
 
If they had talked to some other companies and thats the reason they got fired, im on Activisions side on this one.
If its some lame ass reason, fuck Activision

SHIT HAS HIT THE FAN PEOPLE, SHIT HAS HIT THE FAN.

" @ch13696: you can't spell Business without Sin. i want to know are they aiming for the MW brand or the CoD brand? "

I'm glad that someone is standing up to Activison.

Good. Then I hope Blizzard ditches Activision.

Infinitywardftw.

This is all marketing for Call of Duty: Modern Lawsuit.

Heres the documents from the W&Z lawsuit against activision, honestly cant see how activision have a case after reading this if  its true 

Very interesting read (also, a lot of details about West and Zampella's side of the story):
 
The complete lawsuit, as filed by the attorneys of West and Zampella
 http://kotaku.com/5485703/infinity-ward-founders-lawsuit-against-activision-%5Bthe-court-documents%5D/gallery/

If they manage to take away the Modern Warfare brand from Activision, it would be a massive blow to them. 
 
I hope they win!

If they win enough money back they can afford to take all the employees from Infinity Ward and start up a new studio.

I hope they lose.

" Good. Then I hope Blizzard ditches Activision. "

Favorite line from the lawsuit: 
 
"...Astonishing arrogance and unbridled greed of defendant Activision."
 
GET SOME.

Bumping to top since this seems very popular for new threads.  
 
 
As for what I think.....Im on the fence till we get more info. But in truth I do not think we will ever get the full story. 

From IGN
 

March 4, 2010 - Activision has responded to the lawsuit filed yesterday by Infinity Ward founders Jason West and Vince Zampella. The company says it's "disappointed" with West and Zampella's actions and says their claims are "meritless."

"Activision is disappointed that Mr. Zampella and Mr. West have chosen to file a lawsuit, and believes their claims are meritless," an Activision spokesperson said in a statement. "Over eight years, Activision shareholders provided these executives with the capital they needed to start Infinity Ward, as well as the financial support, resources and creative independence that helped them flourish and achieve enormous professional success and personal wealth."

"In return, Activision legitimately expected them to honor their obligations to Activision, just like any other executive who holds a position of trust in the company," the statement reads. "While the company showed enormous patience, it firmly believes that its decision was justified based on their course of conduct and actions. Activision remains committed to the Call of Duty franchise, which it owns, and will continue to produce exciting and innovative games for its millions of fans."

The lawsuit filed by West and Zampella claim Activision is withholding certain royalties that have gone unpaid from the development of the Modern Warfare series.

" First of all this topic title is extremely misleading, this is NOT an Infinity Ward Vs. Activision lawsuit. This is simply Jason West & Vince Zampella on their own.   If West & Zampella did breach contractual agreements then they may have inadvertently surrendered any chance of receiving royalties by breaching the contract upon which those royalties were agreed to be paid out on.   It really seems like Activision is relying on the claim that a contract agreed upon by both sides was breached by West & Zampella while the latter two individuals are relying on local and national employment laws to back their claim. My gut feeling is West & Zampella are fighting an uphill battle on this one. Activision has resources to hire the best lawyers money can buy and being such a large and professional company they would have no doubt consulted a legal team and prepared for this sort of thing long before sacking West & Zampella.   And if the rumours and speculation being passed around are anything to go by it seems like Activision may be genuinely in the 'right' on this one. Infinity Ward haven't exactly been subtle in hiding their true feelings toward Activision and as the saying goes, you don't bite the hand that feeds you because eventually it will punch you back. This whole situation smells like Activision just finally getting tired of Infinity Ward's rebellious streak and reminding IW who owns them, who pays the bills and arguably who is in control. "

If what's on page 10 is true, Activision threatened to fire them for insubordination if they did not hand other their personal computers, phones, and communication devices for investigation...  Wow.

Good luck to them and I hope they win.

I hope West and Zampella lose and Activision counter sues for having their time wasted. 
 

Sounds like Activision isn't looking to settle. This is gonna get real ugly.

" @Hamz said:

" First of all this topic title is extremely misleading, this is NOT an Infinity Ward Vs. Activision lawsuit. This is simply Jason West & Vince Zampella on their own.   If West & Zampella did breach contractual agreements then they may have inadvertently surrendered any chance of receiving royalties by breaching the contract upon which those royalties were agreed to be paid out on.   It really seems like Activision is relying on the claim that a contract agreed upon by both sides was breached by West & Zampella while the latter two individuals are relying on local and national employment laws to back their claim. My gut feeling is West & Zampella are fighting an uphill battle on this one. Activision has resources to hire the best lawyers money can buy and being such a large and professional company they would have no doubt consulted a legal team and prepared for this sort of thing long before sacking West & Zampella.   And if the rumours and speculation being passed around are anything to go by it seems like Activision may be genuinely in the 'right' on this one. Infinity Ward haven't exactly been subtle in hiding their true feelings toward Activision and as the saying goes, you don't bite the hand that feeds you because eventually it will punch you back. This whole situation smells like Activision just finally getting tired of Infinity Ward's rebellious streak and reminding IW who owns them, who pays the bills and arguably who is in control. "

I wonder if I'll ever see a post by you that isn't directly tied to being an Activision apologist, it's embarassing that you're a mod. "

MW2 and the whole COD franchise that these guys helped make made a bazillion dollars. Just give these guys their money and everyone's left with happy faces. Fucking Activision.

Also, I thought I remembered hearing that the Modern Warfare name belonged to Infinity Ward, but the Call of Duty name belonged to Activision in some agreement they made quite a while ago... anyone else remember this?

" Also, I thought I remembered hearing that the Modern Warfare name belonged to Infinity Ward, but the Call of Duty name belonged to Activision in some agreement they made quite a while ago... anyone else remember this? "

Oh man I so hope...
 
Oh wait a sec, I don't know or give a fuck about any of these people.
 
Nevermind.

" @xobballox said:

" Also, I thought I remembered hearing that the Modern Warfare name belonged to Infinity Ward, but the Call of Duty name belonged to Activision in some agreement they made quite a while ago... anyone else remember this? "

That's in large part what this suit is all about. They signed a MUA (Memorandum of Understanding) in 2008 saying that IW had complete creative control over the "Modern Warfare" brand and Activision could not make a CoD game set anytime after the Vietnam-era without West and Zampella's written authorization.  But Activision's perspective is because they fired West and Zampella for "insubordination" and "breach of contract", that said contract is now null and void, so Activision can do what it wants with the Modern Warfare brand as well as now has complete control over the CoD franchise. Also, they don't owe West or Zampella a penny of the $36 million plus that is owed to them, and will no longer have to pay royalties for any future CoD games or use of IW technology.  The really damning this to me is allegedly Activision officially accused West and Zampella of "insubordination" and gave them 6 hours to respond or they're fired, but had already submitted an SEC filing saying that they were going to be fired, so they knew full well they couldn't respond and have built an entire business plan around having control of the CoD franchise. Talk about not dealing in good faith... "

 Well the drama surrounding recent events with Activision sacking the two heads of Infinity Ward has now continued in the form of a lawsuit being filed by Jason West & Vince Zampella against their previous employer. The general reasoning behind the lawsuit is that both West & Zampella feel Activision should cough up and pay the pair their share of the profits and royalties made from the huge success of MW2's sales.
  
Check out the original article here. And for those sordid lot who want a Kotaku article check that out here as well.
 
After reading both of those articles I instantly have a few niggling questions that I'll pose to the fine folks in our community.
 

• Is there now some truth to the rumour both men were sacked due to asking for a larger than agreed share of the royalties from MW2 sales in return for releasing a third Modern Warfare titled game less than 2 years after the previous. For those unaware IW have always wished to have 2 years between the release of their COD titles while Activision would prefer a release each year. This is why Treyarch makes a COD game in the gap year between games developed by IW themselves.
• Is Activision really that ballsy and willing to publicly sack two top dogs of a development studio just so they don't have to pay them what they owe? My knowledge of American law is a little rusty but I'd guess even if the pair were sacked before the scheduled royalty payments were made that they would, somehow, still be entitled to receive them even if they are no longer employed by the company.
• Does anyone else get flashbacks to their parent's divorce when reading up on this stuff?

 

" Oh man I so hope...   Oh wait a sec, I don't know or give a fuck about any of these people.  Nevermind. "

" good i hope they win. "

Holy fuck read the 10th page, they are saying that Activision  made some Infinity Ward employees cry and threatened West and Zempella when they tried to console them. Pretty crazy shit. I hope Infinity Ward gets outta this ok. It sounds to me like they wanted to make a new franchise instead of Modern Warfare 2 and Activision is trying to stop that. Even though it could be just as good or better than Call of Duty, fuck Activision.

Seems like Activision is playing the guessing game.  They are seeking all internal documents between West & Zampella and... Electronic Arts??
 
The article says that while Electronic Arts is explicitly mentioned, any documents sent between the former heads of Infinity Ward and other competing publishers are being aggressively requested by Activision.
 
But still...

It's on mutha' fucka...

RAMEREZ! CALL MY LAWYER, WE ARE OSCAR MIKE!