Judge Gives Activision the Thumbs up to Sue EA

[Logan Westbrook]

Judge Gives Activision the Thumbs up to Sue EA

The judge has dismissed EA's claim that Activision hasn't provided enough information for its suit against its rival.

The tangled web of lawsuits and countersuits between EA, Activision, and former Infinity Ward bosses Jason West and Vince Zampella is staying as complicated as ever, following a California judge's ruling that Activision could proceed with its suit against EA.

Activision's suit against EA alleged that West and Zampella had conspired with the publisher to help Battlefield: Bad Company 2 at the expense of Call of Duty: Modern Warfare 2. The complaint went on to say that West and Zampella had deliberately delayed the release of a MW2 map pack until after BC2 had launched, based on an email that EA's Lincoln Hershberger sent to other EA execs saying that Zampella owed Hershberger a favor. Jeff Brown, a spokesperson for EA, said that the email was a joke, and that the publisher had never spoken to West and Zampella before their newly formed Respawn Studios signed up with its EA Partners arm.

EA called Activision's case against it a "conclusionary allegation," and moved to have it thrown out, with Robert Klieger, a lawyer for EA, arguing that Activision hadn't actually identified any confidential information pertaining to the suit. California Superior Court Judge Elihu Berle disagreed, however, saying that he wasn't judging on merits of Activision's claims, but there was enough information to let all bar one of them proceed.

The lawsuit is worth $400 million, so it's going to be bitter and long fought. There's also the fact that neither side in the dispute is going to be hurting for lawyers. This is a case that will likely bubble away for months before finally coming to a resolution.

Source: Bloomberg [http://www.bloomberg.com/news/2011-03-16/electronic-arts-must-defend-400-million-activision-suit-over-2-developers.html]



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[Jodah]

Uggg...that is all.

 

[binvjoh]

If they were trying to damage the sales of CoD games they sure did a piss poor job.

 

[Waaghpowa]

Is there nobody that Activision will sue? I wouldn't be surprised to see them sue an orphanage because West and Zampella allegedly conspired to make games for children because it delayed one of their map packs.

 

[LawlessSquirrel]

The two big-bads of the industry slugging it out. Interesting.

It sounds like Activision doesn't have much to go on to me though, I've gotta tentatively throw my support down for EA on this one. It's a bad sign if Activision win it, if this is all they have as evidence.

CAPTCHA: How the hell am I meant type the peace sign?

 

[The_root_of_all_evil]

California says it's right to sue violent games manufacturers? Who'd have thought?

No obvious agenda there. Especially as EA/Blizzard would have to fight together to block the Governator's bill directly impeding what they're fighting over.

 

[Kevlar Eater]

Seems like Activision had the better deal to offer to the judge.

 

[JourneyThroughHell]

Well... crap.

Kinda hoped it wouldn't go there.

Alright, I have stood by EA's point of view up until now, I see no evidence to convince me otherwise.

 

[Celtic_Kerr]

This is a case that will likely bubble away for months before finally coming to a resolution.

I would love to say you're right, but this is dragging on for a year minimum. The court meetings and proceedings might last a few months, but the courts will likely take their sweet time coming to a conclusion. Especially a $400M conclusion.

What cracks me up is the initial evidence.
On one side, you have "You said you owed him a favor and to delay this!"

On the other hand we have "Prove that email wasn't just a joke"

Will be VERY interesting to see this go down. I wonder what further proof will be provided

 

[Muco5681]

..............fuck

I don't want Activision winning this lawsuit

hear hear!

 

[GeorgW]

This is just ridiculous. Activision, this is what happens when you treat your devs like crap! Learn from your mistake and shut up! EA didn't do anything except being a good publisher that Respawn wanted to go to.

 

[Mr. Omega]

ooooooooooh dear... this can't end well either way. Uh... go EA. That's all I've got to say on this matter.

 

[The Wykydtron]

Ah finally i can do this with actual merit for once...

[HEADING=1]Objection![/HEADING]

This is preposterous! Neither side has any actual evidence of guilt!

It's like a slap fight with lawyers

 

[mjc0961]

This is just ridiculous. Activision, this is what happens when you treat your devs like crap! Learn from your mistake and shut up! EA didn't do anything except being a good publisher that Respawn wanted to go to.

EA is a worse publisher than Activision, though. EA is the one who's favorite activity is to buy up dev studious and immediately lay people off, followed up by shutting the entire studio down and firing the rest of the employees a year or two later when their latest game comes out delayed and not all that great due to having half their staff cut. Not to mention that EA forces all kinds of nasty DRM down their developers throats. Activision has DRM too for its PC games I'm sure, but I've yet to hear of them requiring something as draconian as an always on internet connection or the game shuts off (even if you're just playing single player). Thus I'm also pretty sure Activision never completely ruined a game's single player campaign to try and hide the DRM like EA did to Command & Conquer 4. Also, let's not forget that EA will surely release a terrible commercial for your game as well.

Call me crazy, but from where I'm sitting, the only place that EA is a good publisher is bizarro world.

 

[Space Jawa]

I can't help but wonder - are any of you looking at this situation from the standpoint of who's actually in the right here, or are you all just against Activision on this because you see them as some kind of agent of evil for some ridiculous reason?

 

[flying_whimsy]

This is more akin to insider trading in the stock world, or something you guys might be able to relate to a little more: the record industry's major loss in a class action lawsuit about publishers conspiring together to set prices on CD's.

This isn't about the publishers, this is about keeping people from manipulating the industry for personal gain.

 

[GeorgW]

This is just ridiculous. Activision, this is what happens when you treat your devs like crap! Learn from your mistake and shut up! EA didn't do anything except being a good publisher that Respawn wanted to go to.

EA is a worse publisher than Activision, though. EA is the one who's favorite activity is to buy up dev studious and immediately lay people off, followed up by shutting the entire studio down and firing the rest of the employees a year or two later when their latest game comes out delayed and not all that great due to having half their staff cut. Not to mention that EA forces all kinds of nasty DRM down their developers throats. Activision has DRM too for its PC games I'm sure, but I've yet to hear of them requiring something as draconian as an always on internet connection or the game shuts off (even if you're just playing single player). Thus I'm also pretty sure Activision never completely ruined a game's single player campaign to try and hide the DRM like EA did to Command & Conquer 4. Also, let's not forget that EA will surely release a terrible commercial for your game as well.

Call me crazy, but from where I'm sitting, the only place that EA is a good publisher is bizarro world.

They have DRM, $10 pass and horrible marketing. But from what I've heard they do treat their devs well. Also, they've published a hell of a lot of great games, way more than Activision. I mean, the orange box, mass effect 2 just to name my own favourites. They also seem to learn from their mistakes. Say what you will about EA, but I will always love EA partners. The rest is crap though.