Fired leaders strike back, Activision calls it "meritless"
After being fired by owner Activision, former Infinity Ward bosses Jason West and Vince Zampella are taking action, filing a lawsuit against the publisher.
Sadly, it seems that news about the developers not being paid royalties is a cause for concern, and then some:
"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," said [West and Zampella's] attorney Robert Schwartz. "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 1st."
West and Zampella are equally frank, expressing their disappointment it's come to this.
"We were shocked by Activision's decision to terminate our contract," said West. "We poured our heart and soul into that company, building not only a world class development studio, but assembling a team we've been proud to work with for nearly a decade. We think the work we've done speaks for itself."
Zampella added, "After all we have given to Activision, we shouldn't have to sue to get paid."
The Call of Duty series has generated over $3 billion in sales for Activision. Infinity Ward's lawsuit includes claims of breach of contract, breach of the implied covenant of good faith and fair dealing, wrong termination in violation of public policy, and declaratory relief.
Activision believes it's safe, and according to a leaked internal memo, wants to get its hands on "documents regarding West and Zampella's communications with Activision's competitors, including but not limited to Electronic Arts," as well as anything related to planned Call of Duty titles.
Update: Activision has released its first statement on the matter, saying they're also dissapointed. Yeesh, this is like a bad breakup. Read it below.
"Activision is disappointed that Mr. Zampella and Mr. West have chosen to file a lawsuit, and believes their claims are meritless," said an Activision spokesperson. "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," the statement continues, "Activision legitimately expected them to honor their obligations to Activision, just like any other executive who holds a position of trust in the company. 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."
Update 2: West and Zampella are seeking over $36 million in damages.
Update 3: Schwartz says "any suggestion [West and Zameplla] were in talks with EA (or any other company) to leave or start their own team is known to Activision to be completely false and, therefore, an irresponsible comment for Activision to be making. They are fishing, and there are no fish in the sea."
| · | Asus Sabertooth X79 TUF (German) |
| · | Crucial Adrenaline |
| · | Roccat Isku |
| · | Lian Li PC-TU200 |
| · | Corsair Obsidian 550D (German) |
| · | SilenX Effizio EFZ-120HA5 |
Although Activision should get a new developer (prefably Square Enix lol)
Or maybe they could join those teams...that would be something too.
They say IW was looking elsewhere, but maybe they were looking elsewhere for good reason.
And regarding Square Enix hooking up with Activision... I'd be about as sad as the day Nintendo dumped Rare.
Dont do it square dont do it!!! It's bad enough they hooked up with enix but if they were to dev for activision I'd probably go on a killingspree.
I think "H8ter" means that Call of Duty is such a good game series that a significant amount of our current generation of male youth are playing it rather than doing other ("productive") things like, say, sports or anything else. Either way, the poster's name doesn't make it any easier to ascertain the message he intended though, indeed, he may very well mean what you interpreted...
Short Version: This is all screwed up.
(Very) Long Version:
I hate to see developers treated like this and everyone else should too; These kinds of practices stifle creativity and innovation, no matter what anyone can argue. How can a development team, assembled to make great games in the first place, hope to achieve that goal when their publisher's demands oppose such aims? And if creative people are cut from a team*, therefor weakening them, how can they ever hope to do anything worthwhile, even permitting they did have more freedom?
*I in no way claim that Jason West and Vince Zampella are the largest source of creativity at Infinity Ward: It is a development -team- after all. But with different studio heads at the reigns, the developers just won't have to go up the corporate ladder to be told off or how to do something; they'll just be told bluntly -within- their own studio.
I share the sentiments of many others when they say Jason West and Vince Zampella should found a new development team. Of course, I wonder just how many people from Infinity Ward would follow them as they gather team members, though it would seem to be a lot of them from claims of underpayment. Even if they don't form a new dev team, those two will easily prove to be valuable assets, no, rather, -leaders- to any team they join.
All that said, I can't imagine how much they're going through after being fired from the very team they've assembled, and worked with for quite a time, to deliver one of the industry's, and gaming's, greatest series. Personally, I'm not that much a fan of the series, but I -can- imagine having placed so much effort into something only to have it taken from me and/or destroyed*. That feeling should speak to everyone how they must feel right now; regardless of whatever you do or think, -no one- would like to have their work stolen from them with barely anything in return.
*Arguably, having lost two key members, with others likely to follow, is as good as having the CoD series destroyed anyway.
Activision -owes- Infinity Ward for their hard work as not many studios can make such great games, even with as much "freedom" as Activision gave them.
Failing that, gamers should take it by heart that, as long as a publisher acts like this, they should not buy any games coming from them. Publishers come and go, and change over time. Your choices should change too, for good reason. Remember, and I can't stress this enough: Your money is as good as your opinion. It is a basic rule of economics and business. If you don't like something but purchase it anyway, no company is obligated to change what they do so long as they have your money for the time being. In fact, receiving your money is as good to them as saying you approve of them. The more, and longer, you give them your money, the more you inadvertently support their practices. -Don't- prolong the way they treat developers, and gamers for that matter.
Developers should also be cautious of running into these situations and should seek or demand better contracts and agreements. Someone on Slashdot even suggested developers should form unions, his reason being even actors have unions.
By the way, with Tomonobu Itagaki, how many other studio heads other than these three have been shafted in such a short span of time? Even then, that's still too many to me, especially given they're all significant people.
Whew, that's a LOT. Too bad not many people are even going to read this, either from the age of the article or the length of my post. I should at least make an account with responses this long. Hahaha TLDR. Have a cookie if you did read all of this.
Anyhow, one more thing (Sorry!).
Whoever even suggested the (im)possibility of Square Enix working under Activision doesn't really know what Square Enix is. Square Enix isn't just a large scale developer with -more- than several dev teams; They're also a publisher, both for their own games as well as anime and manga. They may very well do some other things but that's the extent of my knowledge. Look them up in Wikipedia for something more specific.
I like BFBC2 so much more than COD in so many ways. It feels like a war game done right. I'd prefer that DICE was left as-is, but perhaps with less involvement from EA (The EA Account system in-game is horrid, and the root of most glitches the game has).
Infinity Ward developed one of the highest grossing games for Activision in their history and as the time arrived for royalties they were cut out of the picture and had an SEC filing placed against them.
Hard to make the case that they want to get their hand in the cookie jar when they helped fill a significant portion of the jar to begin with this year.
I honestly hope they win, it'll set a bad standard for the industry if publishers can strong-arm teams out of their reward for a successful title. It's not like they just had a computer randomly generate MW2 for them.
Yeah I've heard EADM is pretty rough.