Activision Slapped With Another Infinity Ward Lawsuit

Andy Chalk

One Flag, One Fleet, One Cat
Nov 12, 2002
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Activision Slapped With Another Infinity Ward Lawsuit


38 current and former Activision [http://www.infinityward.com/], alleging that the company is withholding bonuses in order to "keep them hostage" and force them to work on Modern Warfare 3.

The issue of bonuses owed to Infinity Ward employees for the success of redistributed [http://modernwarfare2.infinityward.com/] among employees who stuck with the studio.

But a collection of 38 past and present employees calling itself the Infinity Ward Employee Group has other ideas: It has filed a lawsuit against Activision claiming between $75 million and $125 million in compensation, a figure which includes various unpaid bonuses from Modern Warfare 2, lost value on "restricted stock units," money owed for "sister games" including the in-progress Modern Warfare 3, interest on all of it and more. And that's not all: The suit also seeks another $75 to $500 million in punitive damages, a number based on the huge revenues generated by Modern Warfare 2 and "Activision's net worth."

"Activision has withheld most of the money to force many of my people to stay, some against their will, so that they would finish the delivery of Modern Warfare 3," claimed Bruce Isaacs, one of the lawyers representing the IWEG. "That is not what they wanted to do. Many of them. My clients [are] entitled to their money. Activision has no right to withhold their money - our money."

The group claims that the only condition attached to the bonuses was the on-schedule launch of Modern Warfare 2, which took place as planned on November 10, 2009, yet Activision still refuses to pay up. "In short, Activision withheld the property of the IWEG in an attempt to keep the employees hostage so that Activision could reap the benefit of the completion of Modern Warfare 3."

Unfortunately for Activision, its "bonus redistribution" incentive (or blackmail, depending on your perspective) didn't do much to staunch the bleeding - at brave words [http://g4tv.com/thefeed/blog/post/704257/Another-Two-Leave-Infinity-Ward-While-Two-More-Enlist-At-Respawn.html#readmore], Infinity Ward has pretty much had the biscuit.

"Continued defections from their Infinity Ward studio have created meaningful uncertainty around the future of their Call of Duty: Modern Warfare franchise," Janco Partners analyst Mike Hickey told Gamasutra [http://www.gamasutra.com/view/news/28284/Analyst_Infinity_Ward_To_Be_Essentially_Closed_After_Next_Map_Pack.php?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+GamasutraNews+%28Gamasutra+News%29]. "We expect Infinity Ward studio will be essentially closed after their next map pack release, with development work on Modern Warfare 3 spread between two studios not historically tied to the franchise."

Source: G4tv [http://g4tv.com/thefeed/blog/post/704273/Infinity-Ward-Employee-Group-Files-Lawsuit-Against-Activision-Over-Unpaid-Royalties-Alleges-Devs-Held-Hostage.html]


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Rainboq

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Nov 19, 2009
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Ouch, someone get Activision a medic! Or a ton of REALLY good lawyers...
 

KaiRai

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Jun 2, 2008
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Wow Activision. It seems the price you pay for being assholes to your sub-contractors has just been named.
 

KarumaK

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Sep 24, 2008
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$75 million?

I'd laugh in there faces if anyone tried to take $75 million from me. I'd tank a company on purpose before I coughed up $75 million... unless I was making a good billion or so. Then I'd settle for it out of court and pony it up, in cash. Which I would arrange to have burned.
 

GiantRedButton

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Mar 30, 2009
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Catkid906 said:
...

I don't even think Phoenix Wright could handle all these court cases...

Calumon: Objection!
*grin* nice
Rainboq said:
Ouch, someone get Activision a medic! Or a ton of REALLY good lawyers...
Thats the problem, Activision has great lawyers, though EA bested them when Activision attempted to kill Brütal Legend. But infintity ward doesn't have a law-department anywhere near the size of EAs or activision/blizz's.
Plus Activision has control over all the Information like paymentplans etc and wrote the contract.
They could have included as many ripoffs in the fineprint as they want.
I don't think anyone doubts that activision uses the now increasing bonuses (just when people started to leave) in order to force people to work at activision.
Why else would they increase per person just now and take so long?
But Activison might still win, no matter whether they are wrong or right.
 

Kanodin0

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Mar 2, 2010
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Still don't know who was right in the West and Zampella lawsuit, but this one seems a lot more clear cut in favor of the employees. It should be relatively simple to show where in the contract bonus conditions are and to then apply that, no matter how much Activision tries to gum up the works.
 

NickCaligo42

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Oct 7, 2007
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Rainboq said:
Ouch, someone get Activision a medic! Or a ton of REALLY good lawyers...
I'm sure they have the latter part quite covered already. It's WAY too early to talk about which way this battle's gonna turn, especially since I'm positive Activision's got a ton of loopholes and technicalities lined up for exploitation already, but with such a RESOUNDING backlash from Infinity Ward I have a hard time seeing how a judge is going to side with Activision. When it was just West and Zampella it seemed like there was some ambiguity, like MAYBE they could've been sneaking around behind Activision's backs like they were trying to claim, but they'd need some of the employees at Infinity Ward to testify against them to really run those claims home, and... it doesn't look like the other guys at Infinity Ward feel that way. 38 employees isn't exactly unanimous, but that seems pretty indicative that the dissatisfaction with Activision is pretty widespread within the company and that West and Zampella have nothing but support from their colleagues, and although I don't know a ton about legal practices I KNOW punitive damages is a big, BIG claim and that you don't try and file those without feeling like you've got one hell of a serious case...
 

Jared

The British Paladin
Jul 14, 2009
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Catkid906 said:
...

I don't even think Phoenix Wright could handle all these court cases...

Calumon: Objection!
Yeah...it seems that they are going crazy. They do right though, they are entitled to that money! And they should have it!

Right on Calumon!
 

Delusibeta

Reachin' out...
Mar 7, 2010
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Well, confirmation of widespread disaffection at the company soon to be formally known as Infinity Ward. Judging by Activision's "redistribution" comments, I'd say this lawsuit has a good case (even though it would inevitably be crushed by Activision's Lawsuit Repellant Machine).

Again, note how Activision is specified and the lack of any mentions of Blizzard.
 

TheRealGoochman

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Apr 7, 2010
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I hope the employees get their money....and then go to Respawn.
But I think that is just me with my bummedoutedness towards Activision the past couple of years
 

bjj hero

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Feb 4, 2009
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Who hit the nuclear button? What a shit storm.

Win or lose, on both cases, this is causing some serious damage to Activision. People are complaining that MW2 didn't meet their expectations, wait until MW3 is made by Popcap...
 

Simalacrum

Resident Juggler
Apr 17, 2008
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Whoa whoa whoa.

Does this technically count as an announcement for MW3? I mean, we all knew it was coming but it hadn't been confirmed...

OT: this has to be the most dramatic downfall of one of the most popular game developers in history... Going from the creator of one of the biggest franchise's ever to the verge of collapse within mere months is... wow.
 

Jesus Phish

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Jan 28, 2010
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I really don't care about Activision or IW. I don't think Activision are any worse than other dev companies, everyone is in this business to make stacks of cash whatever way possible. There are no golden saints trying to make games just for the enjoyment of the public, no matter what losses they might encur.

But this shit is just getting tiresome. Every other week theres something new happening between these two companies.
 

Pingieking

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Sep 19, 2009
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Fun stuff. Reading news like this is like the gaming equivalent of watching daytime soap dramas.
I want IW to crash and burn because I'm a terrible person and I would rather see something destroyed, as long as it doesn't affect my life in a meaningful way. But so far I've seen one side of the story (and you know that it was spun to hell due to there being lawyers involved), so I'll be eagerly awaiting news of further developments.
 

TheGuy(wantstobe)

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Dec 8, 2009
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Hmmmmm.... Reggie keeps saying he wants more of these high profile, amazing games to be brought to the Wii. I can't think of a better way of getting in good with the talented devs of IW than saying "I heard you were gonna sue Activision, wanna borrow my legal team?" because as we all know the only thing scarier than a bunch of lawyers is a bunch of Nintendo's lawyers after your blood.
 

jason5489

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Apr 28, 2010
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Delusibeta said:
Well, confirmation of widespread disaffection at the company soon to be formally known as Infinity Ward. Judging by Activision's "redistribution" comments, I'd say this lawsuit has a good case (even though it would inevitably be crushed by Activision's Lawsuit Repellant Machine).

Again, note how Activision is specified and the lack of any mentions of Blizzard.
when have blizzard ever gotten bad PR. Its understandable that theyre keeping totally out of this, they rule :)
 

Doomsday11

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Apr 15, 2010
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Well activision are screwed anyone up for placing bets on how long it is before the company goes bankrupt?