[Update] Activision Claims EA Tried to Drink Its Infinity Ward Milkshake

[Tom Goldman]

[Update] Activision Claims EA Tried to Drink Its Infinity Ward Milkshake

Activision has a major beef with EA over its alleged responsibility for the Infinity Ward debacle.

Activision has amended its cross-complaint in the lawsuit that former Infinity Ward heads exodus [http://www.escapistmagazine.com/news/view/98857-Ex-Infinity-Ward-Bosses-Sue-Activision-for-Unpaid-Royalties] of many Infinity Ward employees to the newly formed Respawn Entertainment.

Activision says that EA was meeting with West and Zampella as early as July 2009, citing an example from a month later where EA flew the two out on a private jet to Riccitiello's home for a secret meeting. The purpose of the meetings were to "conspire 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."

This was done with knowledge that West and Zampella were under contract with Activision for two more years. Activision names Riccitiello, COO John Schappert, talent agency Creative Artists Agency, a former member of Activision's Board of Directors, and a former Activision lawyer as specific conspirators. Seamus Blackley of the CAA reportedly told West and Zampella he thought they could "accomplish some interesting chaos," and that "[John Riccitiello] cooks a mean BBQ" with the intention of courting the duo over to EA to work with them.

The amendment also states that West and Zampella, with the aid of EA, neglected to perform their expected duties as executives by refusing to work with Treyarch on a "unified brand," and by preventing Infinity Ward employees from becoming eligible for paid incentives so they would be easily lured away to "disrupt and destroy Infinity Ward." It details a situation between Infinity Ward and Treyarch where the two entities released promotional trailers, for Call of Duty: World at War [http://www.amazon.com/Call-Duty-Modern-Warfare-Playstation-3/dp/B00269QLH4/ref=sr_1_2?s=videogames&ie=UTF8&qid=1292996147&sr=1-2] respectively, at the same time. Though West claims it was accidental, text messages allegedly reveal that West had the intention to "crush" Treyarch's marketing campaign for its World at War map pack.

Activison wants $400 million from West, Zampella, and now EA for its "loss of profits, costs incurred from rebuilding Infinity Ward, and damages from 'delays and disruptions,'" in addition to a return of the compensation already awarded to West and Zampella. If Activision wins the judgement, EA is going to have to make sure that the next Medal of Honor [http://www.amazon.com/Medal-Honor-Xbox-360/dp/B000TI836G/ref=sr_1_1?ie=UTF8&qid=1292996675&sr=8-1], or Respawn Entertainment's first product, really make up for it.

Update: EA has responded to Activision's amendment by saying that it's all true. Just kidding. In a statement to the LA Times, EA spokesman Jeff Brown wrote: "This is a PR play filled with pettiness and deliberate misdirection. Activision wants to hide the fact that they have no credible response to the claim of two artists who were fired and now just want to get paid for their work." I say they just settle the dispute with a multiplayer game of Doom II [http://store.steampowered.com/app/2300/]. Shotguns and rockets make everything better.

Source: LA Times [http://www.gamasutra.com/view/news/32159/InDepth_Activision_Adds_EA_To_400M_CrossComplaint_Against_West_Zampella.php]

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[Entreri481]

I'm on activision's side, however, they are asking for to much in my opinion.

 

[Epictank of Wintown]

There are no words for this. It just...I...ugh.

A wise man once said "A picture is worth a thousand words." I can't agree more.

 

[Corkydog]

A billion dollar corporation suing another billion dollar corporation...tell them to organize a deathmatch and let em fight to the death, winner take all.

 

[Azaraxzealot]

it's funny how just a little while earlier activision was all "Activision hate is not based in reality! We're really just decent guys!"

and here they are suing EA because they think they might actually compete with them XD

thats a fail sandwich with a side helping of "wtf?"

 

[JourneyThroughHell]

Infinity Ward didn't like Treyarch? Big shocker.

Infinity Ward didn't like the way the franchise was going? Another big shocker.

Still, Activision, if you think that gives you the right to enforce police-like rules on the studio, hold up their royalties and demand work continuation from them, think again.

...by preventing Infinity Ward employees from becoming eligible for paid incentives so they would be easily lured away to "disrupt and destroy Infinity Ward...

The people who gave you your biggest money cow became illegible for paid incentives right after they released it? Cool.

 

[Lillowh]

BooHoo Activision. So they were planning on switching to EA and Legally screwing over some parts of the place they're leaving was no reason to not pay them for making (at the time) the fastest selling video game ever.

 

[ultrachicken]

Wait, am I missing something, or did nothing happen against the law here?

As far as I know, Activision doesn't own its employees, they can ride in whoever's private jet they want.

 

[BabyRaptor]

The title of this article disturbs me for some reason.

 

[garfoldsomeoneelse]

It's just so crazy, it might be true.

Or not.

 

[wrightguy0]

and i find myself rooting for EA, wow. Activision is really, really pushing it, we sue you for competing with us, you competition caused us to lose money we were never guaranteed in the first place. what a pack of colossal douchebags, i hope they lose

 

[Corkydog]

A billion dollar corporation suing another billion dollar corporation...tell them to organize a deathmatch and let em fight to the death, winner take all.

I like the way this man person of mysterious gender with an avatar of equally mysterious gender thinks!

And I, in turn, greatly appreciated your username. Makes me reconsider this BLT I'm halfway through. (Future reference, I am a man, but the pyro's gender will remain forever (I hope) ambiguous)

 

[hansari]

The only people to profit from all this are the lawyers...

Seriously now...the Call of Duty brand name has been established and its not going anywhere regardless of who is developing it. Its an unstoppable cash cow...its the "Nike" of videogames.

 

[crazypsyko666]

Really? Activision, I've put up with your shit for quite a while now, and now that you're big enough to pick on EA, I think I finally despise you. Not that you'll pay any attention.

I'm not really one to form committees and groups, but I'm thinking we should start boycotting Activision. Who's with me?

 

[Canid117]

Really? I thought it was the tyrannical abuse of those employees that drove them away. That couldn't be it could it? Activision is clearly the victim here. /Sarcasm

 

[the_maestro_sartori]

So the company turn a 40 hour week into a 70+ hour week, without extra pay, and are surprised when their staff leave for a different company?

People aren't comodities, they're people. If they choose to leave their employment and get employment elsewhere, I don't get how they have a right to lodge a suit like this against them.

Last I checked it wasn't illegal to offer someone a job if they already had a job

 

[Sinclair Solutions]

Am I the only one who thinks the title of this article is amazing? I think some props for Mr. Goldman are necessary.

 

[mjc0961]

Activision and EA are both dicks. I say take $400 million from each of them (for charity or something worthwhile) and tell them both to shut the fuck up and stop shitting all over the industry. Activision, we don't need your endless tide of sequels or Bobby Kotick's rantings. EA, we don't need your endless tide of awful PC DRM or John Riccitiello's rantings. And I really don't care who is more at fault for this Infinity Ward thing, both of you are going to sit in the corner and think about what you've done for a while.