Ousted IW Heads Accuse Activision of "Orwellian" Conspiracy

John Funk

U.N. Owen Was Him?
Dec 20, 2005
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Ousted IW Heads Accuse Activision of "Orwellian" Conspiracy



The formal court filing on the Activision/Infinity Ward debacle has hit the internet, and it's a doozy.

In case you've been living under a rock on the dark side of the moon (of Endor) for the past few days, there's been some this week [http://www.escapistmagazine.com/news/view/98761-Rumor-Security-Locks-Down-Infinity-Ward-Ousts-Studio-Head-UPDATE]. While Activision's response to the lawsuit filed by former Infinity Ward heads Vince Zampella and Jason West described the suit as "meritless," and said that the company was disappointed in the suit and the duo's actions that had been in violation of contract, Zampella and West have some complaints of their own. No, scratch that - they have lots of complaints of their own.

The court documents filed on behalf of West and Zampella have been spreading across the internet (Joystiq [http://www.joystiq.com/photos/activision-infinity-ward-lawsuit-documents/#2773846] has them helpfully all in one gallery), and the allegations contained therein are pretty heavy. According to these documents, West and Zampella had been growing fed up with the "astonishing arrogance and unbridled greed" of their parent company and publisher for quite some time before Modern Warfare 2.

The filing accuses Activision of purposefully manufacturing trumped-up charges against the two (including accusations that West and Zampella were breaching contract by talking to other publishers [http://www.escapistmagazine.com/news/view/98873-Activision-Responds-to-Infinity-Ward-Lawsuit-Is-Disappointed]), and behaving in an "Orwellian" manner when sending its legal team after them. Among other things, the papers claim that West and Zampella were interrogated for hours in a windowless room, that the investigation techniques were maximized to induce psychological stress on the pair, and that the investigators reduced IW employees "to tears" on occasion.

Like I said, it's pretty serious stuff. In the end, the papers state that Activision purposefully manufactured a reason to fire West and Zampella before they would have to pay them their sizable bonuses for delivering the wildly successful Modern Warfare 2 as contracted.

Since reading the document, two things have become clear: It's written in a very, very readable way, with over-the-top language that seems almost unprofessional in a court environment - I have no doubt that this was intended to be published and read by an audience, and to help turn public sentiment against the defendants. This doesn't necessarily mean that any the claims therein are false; it just means that West and Zampella (and their attorneys) are well aware of what having an outraged fanbase calling for Activision blood will do as far as encouraging the publisher to possibly settle out of court.

The other thing that's clear is that this entire case may well rest on the "Memorandum of Understanding," or MOU - an agreement between the two IW heads and Activision that granted Zampella and West full creative rights over the Modern Warfare series, and the rights to have full veto power over any Call of Duty set "post-Vietnam." This might be the crux of the entire case; paying West and Zampella the $36 million they're asking for would be chump change for Activision if it meant it got to keep the Modern Warfare brand name.

Either way, it's a very interesting read. Like I said before, it's tempting to automatically side with West and Zampella here because A.) people love to hate Activision, B.) they're the little guys, and C.) they present a compelling and unfortunate scenario. But I need to stress that this is only one side of the story, and blindly calling for the heads of either the plaintiffs or the defendants before we know all the facts is foolishness at its best. We'll be able to judge more thoroughly once we know the whole story - and that's what a court is for.

Personally, I think Activision should just hire Phoenix Wright. He'd have Jason West and Vince Zampella found guilty of murder, like, within a week.

(Via Joystiq [http://www.joystiq.com/2010/03/05/activision-infinity-ward-court-documents-detail-ex-studio-heads/])

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GiantRedButton

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Mar 30, 2009
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Kottick steted himself that he would rather pay his lawyers than his developers so yay, he isnt doing his best to keep his image good.
Activisions fanbase exists because IW did such a good job (arguably but certainly for their fans) with modern warfare 2.
After getting so much money thanks to IW, they come across as unthankfull bastards.
And if they don´t have an incredibly good reason, quite frankly they are.
 

Chechosaurus

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Jul 20, 2008
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This is getting more and more messed up each day. Can't we just do something to make Activision go away... Like, forever.
 

Cherry Cola

Your daddy, your Rock'n'Rolla
Jun 26, 2009
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I thought it smelled like Activision were finding reasons to fire them.

Although it doesn't matter who's wrong or right, Activision will still be douches.
 

DTWolfwood

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Oct 20, 2009
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"West and Zampella had been growing fed up with the "astonishing arrogance and unbridled greed" of their parent company and publisher for quite some time before Modern Warfare 2." well at least now i know who to blaim for the shite that is MW2 compared to MW1
 

CD-R

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Mar 1, 2009
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Macksheath said:
John Funk said:
Personally, I think Activision should just hire Phoenix Wright. He'd have Jason West and Vince Zampella found guilty of murder, like, within a week.
OBJECTION!!!!! ...sorry, I couldn't stop myself.

I don't see why Activision gets so much hate.
For me it was them suing to try and block the release of Brutal Legend.
 

Triggerhappy938

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Dec 10, 2007
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Macksheath said:
John Funk said:
Personally, I think Activision should just hire Phoenix Wright. He'd have Jason West and Vince Zampella found guilty of murder, like, within a week.
OBJECTION!!!!! ...sorry, I couldn't stop myself.

I don't see why Activision gets so much hate. I don't care for the company for releasing MW2 myself, but the amount of hate it gets beggars belief in some place.
HOLD IT!!!

You must realize that Bobby Kotick hasn't done the best job of improving Activision's position in the eyes of the consumers. The whole "Whiny Fanboy" comment is decisive evidence of his stance.

...

Sorry, just couldn't help myself.
 

Dorkmaster Flek

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Mar 13, 2008
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Their claims are pretty outrageous, however given Activision's conduct the last couple years (dropping Brutal Legend and trying to prevent its release by EA via lawsuit comes to mind) and the sheer douchebaggery (that is officially a word now) of one Bobby Kotick, I honestly can't discount the possibility that they would actually go all Guantanamo on their asses. Which is really, really disturbing... o_O
 

Trivun

Stabat mater dolorosa
Dec 13, 2008
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West and Zampella have been pretty smart with this, if garnering public opinion their way is really their intention. Bobby Kotick is already disliked by a large proportion of gamers, and Activision aren't exactly known for their great treatment of gamers anyway. West and Zampella seem to be playing on that, and if it works then good for them. At the end of the day, if the accusations are true then Activision is in the wrong and they deserve all the hassle they get. If the accusations are untrue then they were right to get rid of West and Zampella. Only time will tell the public who is being honest here, though I'm throwing my lot in with IW here. But without knowing the full story, knowing who is right and who is wrong is still pretty tough.

By the way, can't IW hire back West and Zampella anyway once all this is over? I'm pretty certain that Activision have no say in who Infinity Ward actually hire on their own backs, right?
 

Ekonk

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Apr 21, 2009
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Can anyone summarize what the hell is going on because I didn't understand what was going on from the point where Activision raided Infinity Ward HQ.

(India Whiskey, we see plus 40 bogeys in your sector, please verify.)
 

Crunchy English

Victim of a Savage Neck-bearding
Aug 20, 2008
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Ideal scenario: Activision pays out their 36 million, keeps the rights to Call of Duty. IW performs a mass exodus and goes BACK to EA to work on Medal of Honor.... again, just like when they were 2015. Call of Duty is run into the ground with crappy sequels. MoH becomes Ace Shooter in the biz... Again. And the cycle continues ad nauseum. That way clever gamers can bounce back and forth to whatever game these fine gentlemen are making, stopping a single company from dominating the FPS market for any length of time. Each time they leave, West and Zampella sue their parent company and make a few million more.

EDIT - Grisham's a hack. This is admittedly not a great tale of slain beasts and heroic victories, but since there's a lot of money on the table and it was "Our" money at one point, its worth following, however idly.