Ex-Infinity Warders Accuse Activision of Stalling Lawsuit to Drain Funds

Ex-Infinity Warders Accuse Activision of Stalling Lawsuit to Drain Funds

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The recently ousted Infinity Ward heads are accusing Activision of delaying an ongoing lawsuit to siphon away their money.

In new documents reportedly released today, ex-Infinity Ward heads Jason West and Vince Zampella are accusing Activision of taking its sweet time to beef up its cross-complaint in the lawsuit the duo brought against the publisher over unpaid royalties. West and Zampella claim that Activision continues to add new information to the cross-complaint to have the eventual trial delayed, resulting in the financial harm of West and Zampella.

Activision recently amended the counter argument to include EA as a defendant, saying that EA was in cahoots with West, Zampella, and other entities to harm Activision by altering the development of Call of Duty. West and Zampella say Activision knew of EA's alleged involvement more than six months ago, and only waited to add EA as a defendant to have the trial pushed back further than its scheduled date in May.

The ex-studio heads say they're "paying for this litigation from [their] own funds," and can't afford to allow Activision to delay the trial any further. They add that the costs associated with the lawsuit have already gone above and beyond their "combined annual salaries."

In addition, West and Zampella say that the lawsuit is taking away from the formation of Respawn Entertainment, the duo's new studio. They call any future delay a "distraction" from their business lives, and say they won't be able to properly earn a living if litigation continues for too long.

Activision could be using dirty tactics to drain West and Zampella of funds, or it could have been properly securing evidence before naming EA, a billion dollar company, in the case. Activision likely has more money to burn on litigation than West and Zampella, so anything's possible.

Source: Kotaku

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I would imagine that Activision is doing both. This is a common tactic employed by large firms when they are being sued by people with limited resources. The idea is to get them to drop the lawsuit or settle, but I don't think Activision is willing to put any money towards West and Zampella.

They really should have seen this coming before trying to take them on. Here's hoping they come out on top of all this.

screw it, thats the last straw, im no longer buying anything from activision until i hear of some major changes to their company

Well, pretty obvious strategy. Sucks for the little guys.

It wouldn't surprise me.

I wish someone would just kill Kotick and burn Activision to the ground. Greedy bastards with no sense of honor.

Next time, don't try to back stab a giant corporation.

Bask in the legal woes you (allegedly) deserve, West and Zampella.

What? a mega corporation like Activision using dilatory tactics with the Litigation Hammer to bankrupt the smaller and less well funded party who is suing them and thus forcing a much smaller settlement? that's unheard of...

Activision being dicks?

More fuel to the fire. Bet someone still comes in to defend them though. Let's face it, Activision could televise Kotick sacrificing kids to Satan for megabucks and people would still say "Well, the kids were aware of possible Satanic sacrifices when they signed up..."

I'm not sure why this is news, it's such a common practice in lawsuits that it's practically in the rules.....

Does suck for the ousted, but if big companies like Activision were im anyway ethical then this situation wouldn't have arisen in the first place.

I was hoping this would be over fast, so Respawn (see what they did there?) could make the sequel to CoD in the same way that CoD was the sequel to MoH.

The_root_of_all_evil:
Activision being dicks?

More fuel to the fire. Bet someone still comes in to defend them though. Let's face it, Activision could televise Kotick sacrificing kids to Satan for megabucks and people would still say "Well, the kids were aware of possible Satanic sacrifices when they signed up..."

Reminds me of that one line of one of Shamus's articles.

Shamus Young:

5) A lump of coal for Activision

A quick search for Activision Lawsuit reveals that these guys spend more time looking for ways to sue people than trying to just make games that people want to buy. They're suing rivals, former employees, former business partners. If lil' Bobby gets in a fight at school, you can say maybe the other kid started it. If Bobby gets in ten fights with ten different kids, and if Bobby is the biggest kid in the class, it's a pretty safe bet he's a bully, not the victim.

And by "lump of coal" I mean "asteroid." Again.

"All are equal in the eyes of the law" is bullshit, obviously.

My god, the saga never ends. By the way, is "in cahoots with" actually in there (I pray that it is) or is that just a colourful Goldman-ism?

*brings a popcorn bucket*

well shit, hope I'm not too late for the action

Lawsuits are like a street fight. There is no such thing as dirty fighting. There is only winning and losing.

To accuse the other side of being unfair is just whining. Welcome to the real world suckers, where honor is just an excuse chumps use to justify their failures.

I thought this was a widely known fact that rich conglomerates will use their bank rolls to waste time and jerk off the legal system to choke out the little guys funds from legal fees until they drop the case. They should have fixed these problems along time ago.

Is it just me, or did West and Zampella just basically admit that what Activision said about EA's rule in this is true? It seems odd to me to claim that "they knew about EA's involvement six months ago" if there was know involvement to know about and Activision did that part of their suit just to try and lash out.

Just another reason why I think everyone involved in this mess is a major dick, not just Activision.

*Shakes fist at sky* ACTIVISIONNNNN!!!!!!!!

But seriously they are just making themselves look like the bad guy even more. What really sucks is that the average Activision consumer doesn't have the slightest clue what is going on. They are too busy buying Rockband or the latest Call of Duty or whatever. The majority are borderline casual with no real investment in the gaming industry.

If they get anything worthwhile out of Activision, I'll be surprised.

This should come as no surprise to anyone. Look around, people. Germany may have lost World War 2, but fascism won it. There are no corporations that WON'T use this tactic if the option is available and sensible to them.

and this is why you never, EVER get into business with Activision.

I'm a game developer with a nice little IP I've been developing for years. The only problem is funding it, I need some capital to make my dream a reality.

I have 2 main choices of publishers, "BA" who were complete bastards a while back but have cleaned up their act somewhat. Then I have "Smacktardvision" a while they are large and have money to burn (literally) they

1) Steal more IP's than counter-fitters from China

2) Have a complete idiot as the face of upper management whose ideas are at best laughable, at worst retarded "lets take the fun out of making videogames!"

3) After stealing your ideas and making a massive profit off them, proced to lock you out of your office, fire you and then sue you. SLOWLY.

Who would you take your goldmine idea to?

Seriously, this sort of legal maneuvering isn't going to help your image and scare off talent.
But what would you expect from Acti... "Smacktardvision"

And their lawyers didn't tell them to expect this? Honestly, I hope they win their case, but complaining and calling foul on common practice is just kinda silly.

Ed130:
I'm a game developer with a nice little IP I've been developing for years. The only problem is funding it, I need some capital to make my dream a reality.

I have 2 main choices of publishers, "BA" who were complete bastards a while back but have cleaned up their act somewhat. Then I have "Smacktardvision" a while they are large and have money to burn (literally) they

1) Steal more IP's than counter-fitters from China

2) Have a complete idiot as the face of upper management whose ideas are at best laughable, at worst retarded "lets take the fun out of making videogames!"

3) After stealing your ideas and making a massive profit off them, proced to lock you out of your office, fire you and then sue you. SLOWLY.

Who would you take your goldmine idea to?

Seriously, this sort of legal maneuvering isn't going to help your image and scare off talent.
But what would you expect from Acti... "Smacktardvision"

And yet Bungie went into business with them, with a ten year contract. What were they thinking?

Money and lawyers run the world. Is anybody surprised by this?

Until the Publishing Oligopoly breaks, this is what we're going to see; large firms dominating the people who actually produce shit for them.
I suspect none of this would have happened if Activision didn't try to pay their #1 developer peanuts.

megs1120:
snip

Allow me to illustrate:

Now, why do they think there's money to be made from a publisher that is involved in more lawsuits than it has employees, I don't know. Maybe they made a special deal, like letting Bungie keep the rights to the IP, games of which they're going to be making, or something.

CrazyCapnMorgan:
snip

And finally, a person who uses the word fascism and actually knows what that means.

Stalling a lawsuit to put the financial bite on your opponent is common practice. Of course, the longer we lawyers draw a lawsuit out, the more cash we can extract from our clients...

tlozoot:
"All are equal in the eyes of the law" is bullshit, obviously.

The quotation refers to the laws as written and, generally and within the last 50 years or so, it is true that American laws are written such that all those who are subject to those laws are more or less equal in standing. It's in the application of those laws that inequality rears its ugly head.

And this is why there's something seriously wrong with the legal system. Fuck you Activision.

 

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