Activision has now filed to amend their cross-complaint against former Infinity Ward studio heads Jason West and Vince Zampella, whom are suing their former publisher Activision. The amendment will list EA as a defendant in the US$400 million (±R2.7 billion) legal case, claiming unlawful conduct at the highest levels of EA, right up to and including EA CEO John Riccitiello. The amendment also lists the Creative Artists Agency (CAA), which represents West and Zampella.<\/p>\n
For those that haven’t been keeping up, West and Zampella made a tumultuous exit from the studio they founded (Infinity Ward) and their publisher Activision in March 2010, shortly after the phenomenally successful Modern Warfare 2 launch. Mudslinging, accusations and lawsuits soon followed, and then things went quiet while the legal cases went through the litigation process.<\/p>\n
West and Zampella formed a new studio (Respawn Entertainment) and then proceeded to siphon off a number of top lever developers from Infinity Ward. EA then picked up the publishing rights with Respawn. Among other things, the pair are claiming that Activision stiffed them and other Infinity Ward employees of their rightly deserved bonus payments.<\/p>\n
MyGaming has a more detailed overview of the saga up to this point<\/a>, for those who wish to catch up.<\/p>\n Now in news that has come via Gamasutra<\/a>, who managed to lay their hands on the revised cross complaint filed by Activision, some serious allegations are being made. Activision believes it has evidence to substantiate their claims. MyGaming has summarised the claims below:<\/p>\n – Activision alleges that EA conspired with West and Zampella, encouraging the pair to break their remaining two-year contract with Activision.<\/p>\n – Activision claims to have plenty of evidence supporting their accusations of a business conspiracy between EA and West and Zampella.<\/p>\n – Activision’s core allegation: “The negotiations between Electronic Arts and West and Zampella were structured with the design and the expectation that West and Zampella would “spin out” from Activision and would take significant numbers of key Infinity Ward employees with them to set up their own independent company.”<\/p>\n – Activision alleges that this was done “…so that Electronic Arts could make another run at competing with Activision. Electronic Arts would finance the illicitly-created start-up in exchange for an ownership interest or exclusive distribution rights to the content created by their new company, which would produce video games for Electronic Arts instead of Activision.”<\/p>\n – Activision alleges West and Zampella were in breach of their contract and fiduciary duty by meeting with EA executives while employed at Activision.<\/p>\n – Activision claims that West and Zampella entered into negotiations with EA as early as July 2009.<\/p>\n – Activision says that EA “conspired to set up an independent company staffed by key Activision employees, including designers, programmers, artists, and others from Activision’s Infinity Ward development studio, thus draining the studio of talent and potentially delaying future Call of Duty games.”<\/p>\n – This behaviour was allegedly encouraged by EA and the Creative Artists Agency (CAA).<\/p>\n – Activision alleges that CAA representatives had been trying to gain an inroad into the game development industry and began pursuing the Infinity Ward co-founders. Activision claims to have possession of e-mail correspondence that implicates Zampella, CAA’s Seamus Blackley, and EA CEO John Riccitiello.<\/p>\n – Activision accuses West and Zampella of: being uncooperative regarding the CoD franchise; refusing to work with Treyarch; deliberately attempting to sabotage Treyarch marketing and then lying about it; refusing to cooperate regarding the payment of bonuses to Infinity Ward staff in an alleged attempt to lure away Infinity Ward Staff to Respawn Entertainment.<\/p>\n – Activision claims that the conspiracy to lure away Infinity Ward employees goes right to the top of EA management and includes the CAA and a former Activision board member: “The unlawful conduct came from the highest levels at Electronic Arts, including EA Chief Executive Officer, John Riccitiello, and Chief Operating Officer, John Schappert, with direct support from the high profile talent agency, Creative Artists Agency, and even a former member of Activision’s Board of Directors and former Activision lawyer.”<\/p>\n – Activision is seeking US$400 million in damages from EA, West and Zampella on the grounds that the alleged activities lead to loss of profits, costs incurred from restructuring Infinity Ward<\/a>, and damages from delays and disruptions.<\/p>\n – Activision is also trying to get back bonus compensation awarded to West and Zampella, whom they describe as “faithless executives.”<\/p>\n These are some extremely serious allegations with dire repercussions for big names in video game development. One would assume that Activision’s horde of lawyers would not be making claims of this nature without some serious evidence to back them up. EA, West and Zampella have yet to respond to the amended cross-complaint.<\/p>\n Discuss the Activision, EA, West and Zampella legal battle<\/a> on the MyGaming forum.<\/p>\n