Activision Slapped With Another Infinity Ward Lawsuit

SomeUnregPunk

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squid5580 said:
NickCaligo42 said:
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...
Am I the only one who watches Judge Judy? You don't get punitive damages from a breach of contract case.
she and other tv law courts deals with smalls claims
 

NickCaligo42

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squid5580 said:
Am I the only one who watches Judge Judy? You don't get punitive damages from a breach of contract case.
Maybe we aren't hearing the whole story then? If that's a basic legal fact then Infinity Ward's lawyer would've certainly figured that out (if he's worth half what they must be paying him, anyway), which'd mean there's more to the suit than just a breach of contract.

SomeUnregPunk said:
she and other tv law courts deals with smalls claims
Yeah, that is true. As far as I know Judge Judy deals with regular people; construction workers suing their bosses and stuff like that, not huge, controversial entertainment lawsuits. It wouldn't be awarded for a breach of contract, but it might be awarded for a huge breach of contract against a big dev team and a creative partner. Let's not forget what's at stake here: it's not just the money, it's the intellectual property, which is owned by Activision but which was generated by Infinity Ward, and which Activision's basically forced them at gunpoint to continue working on. I'm not close enough to know it, but if I had to guess I'd say that for all intents and purposes they've turned Infinity Ward into a hostile work environment with all this chaos we've seen since March.
 

asinann

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psrdirector said:
From my looking at it, still seems to me its alot of bitchy employees not understanding that the laws in the united states are this. Employee lose, Employer win. They live in an at will state, meaning unless contract states a reason must be given, tehy can be fired for no reason what so ever, and the punitive damadge amoutn is stupid high. I personally think they are alot of greedy people and hope tehy all have their carriers ruined because no one wants to higher soemone who will sue the moment they dont get their toy.

Go Activision, fuck off infanty ward and respawn.
They aren't suing over being fired, they are suing because they weren't paid the money their contract stated was due to them and then were told that the bonuses were coming, but if they didn't stay with the company they weren't getting it (which is illegal, period.) Activision is withholding money owed for work performed (you know, like if YOUR employer decided that if you wanted your pay check for working last week, you had to be working for them THIS week. Quit and they don't pay you for the hours you worked.)
 

quiggs1337

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If Chewbacca does not make sense, you must acquit. Activision is going to need Johnnie Cochran to get them out of this one.
 

Captain Pirate

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If Activision loses, I can see the next news title now "World of Warcraft creators Blizzard become independant from Activision". If Activision lose this, things'll go waaay downhill really fast for them IMO.
 

squid5580

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SomeUnregPunk said:
squid5580 said:
NickCaligo42 said:
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...
Am I the only one who watches Judge Judy? You don't get punitive damages from a breach of contract case.
she and other tv law courts deals with smalls claims
The logic is still the same. We have an agreement one of us breaches said agreement so the one who breaches owes. I shouldn't be able to sure for the lost $75 and then take another $500 on top of that. The most I should be able to get is maybe whatever the interest rate added to the length of time I was without it. Not 4 times the amount I am suing for.
 

asinann

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Gaming King said:
Catkid906 said:
...

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

Calumon: Objection!
COUNTER OBJECTION!! [http://objection.mrdictionary.net/go.php?n=3875993]



So, the people who made Modern Motherfrakking Warfare 2 want EVEN MORE MONEY? Geeze, get a life, Infinity Ward.
They're suing because they STILL HAVEN'T BEEN PAID. Activision has admitted that the workers haven't been paid what was stated in their contracts. As for it seeming high, the contract probably stated that the bonuses would equal a percentage of sales or of profits from the game.
 

duchaked

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sigh, MW3 is so screwed
woulda said IW but they've...respawned (lol sorry)

hopefully the courts throw Emperor Kotick down into a reactor core
 

ssgt splatter

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Ok, that tears it. I've been ignoring what Activision has been doing up till now because of the games they've been putting out but this is a dick move.

DOWN WITH ACTIVISION!!!!!!!!
...
...
or at the very least stop being so greedy.
 

Retardinator

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Andy Chalk said:
alleging that the company is withholding bonuses in order to "keep them hostage" and force them to work on Modern Warfare 3
*gasp!* Marion was right all along!
 

FinalFreak16

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psrdirector said:
From my looking at it, still seems to me its alot of bitchy employees not understanding that the laws in the united states are this. Employee lose, Employer win. They live in an at will state, meaning unless contract states a reason must be given, tehy can be fired for no reason what so ever, and the punitive damadge amoutn is stupid high. I personally think they are alot of greedy people and hope tehy all have their carriers ruined because no one wants to higher soemone who will sue the moment they dont get their toy.

Go Activision, fuck off infanty ward and respawn.
Greedy maybe... But to be honest if I was an employee at infinity ward, that probably worked long hours... 7 days a week, to help make one of the highest selling games of all time and in a pretty short timespan that was determined by activision id want a nice cut of the profits too.
 

Starke

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Serris said:
Andy Chalk said:
"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.
let my people go!

ahem, it doesn't seem to be the first time there are scandals about videogame companies treating their employees badly. I think $500 million might just be a bit too much, even for a big company like activision
$500 million is less than half the sales from MW2. And seeing as Activision is in breach of contract already...
 

Starke

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squid5580 said:
SomeUnregPunk said:
squid5580 said:
NickCaligo42 said:
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...
Am I the only one who watches Judge Judy? You don't get punitive damages from a breach of contract case.
she and other tv law courts deals with smalls claims
The logic is still the same. We have an agreement one of us breaches said agreement so the one who breaches owes. I shouldn't be able to sure for the lost $75 and then take another $500 on top of that. The most I should be able to get is maybe whatever the interest rate added to the length of time I was without it. Not 4 times the amount I am suing for.
Learning the law from watching Judge Judy is like learning about forensics by watching CSI. You'll learn a lot of nifty bullshit, but not what it actually means. No offense.

They can pursue punitive damages based on a lot of things, like the fact that Activision was trying to "hold them hostage" and "blackmail" them into finishing MW3.
 

Phoenixlight

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Rainboq said:
Ouch, someone get Activision a medic! Or a ton of REALLY good lawyers...
They've got more money that Infinity Ward so I don't think they're in any real danger.
 

Otterpoet

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Good for the employees. Honestly, it takes a lot of courage to file this case considering that they'll probably be blackballed by every other developer out there. And Activision pretty much just shot themselves in the foot... what major talents will want to work for them after this? I don't think anyone is coming out of this clean.

Not that I care much... most of Activision's games suck!
 

squid5580

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Feb 20, 2008
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Starke said:
squid5580 said:
SomeUnregPunk said:
squid5580 said:
NickCaligo42 said:
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...
Am I the only one who watches Judge Judy? You don't get punitive damages from a breach of contract case.
she and other tv law courts deals with smalls claims
The logic is still the same. We have an agreement one of us breaches said agreement so the one who breaches owes. I shouldn't be able to sure for the lost $75 and then take another $500 on top of that. The most I should be able to get is maybe whatever the interest rate added to the length of time I was without it. Not 4 times the amount I am suing for.
Learning the law from watching Judge Judy is like learning about forensics by watching CSI. You'll learn a lot of nifty bullshit, but not what it actually means. No offense.

They can pursue punitive damages based on a lot of things, like the fact that Activision was trying to "hold them hostage" and "blackmail" them into finishing MW3.
The "holding them hostage" or "blackmailing" is all part of the breach of contract. Don't get me wrong I think they are owed what they were promised. They did the job they should get paid no matter what happened after the job was done. I just think asking for 4 times the amount of the money you are owed is abuse of the legal system. It should be to right wrongs not get rich quick.
 

Starke

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squid5580 said:
Starke said:
squid5580 said:
SomeUnregPunk said:
squid5580 said:
NickCaligo42 said:
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...
Am I the only one who watches Judge Judy? You don't get punitive damages from a breach of contract case.
she and other tv law courts deals with smalls claims
The logic is still the same. We have an agreement one of us breaches said agreement so the one who breaches owes. I shouldn't be able to sure for the lost $75 and then take another $500 on top of that. The most I should be able to get is maybe whatever the interest rate added to the length of time I was without it. Not 4 times the amount I am suing for.
Learning the law from watching Judge Judy is like learning about forensics by watching CSI. You'll learn a lot of nifty bullshit, but not what it actually means. No offense.

They can pursue punitive damages based on a lot of things, like the fact that Activision was trying to "hold them hostage" and "blackmail" them into finishing MW3.
The "holding them hostage" or "blackmailing" is all part of the breach of contract. Don't get me wrong I think they are owed what they were promised. They did the job they should get paid no matter what happened after the job was done. I just think asking for 4 times the amount of the money you are owed is abuse of the legal system. It should be to right wrongs not get rich quick.
It can be breach of contract, it can also be a hostile work environment, or coercion related charge, which can result in punitive damages pretty easily. For that matter breach of contract can result in punitive damages. No one that I've seen has linked to the filing yet, so all I can do is speculate..
 

hansari

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ddq5 said:
EA needs to make a fucking game in which a disgruntled IW employee, tired of being molested by Activision, quits and begins investigating the secrets behind the company, only to discover that the entire thing is a cover operation and that Bobby Kotick is actually an evil demon that feeds on money and the suffering of others and plans to devour the world.

I'd buy that.
Its been tried before, but no matter how the game is coded, Bobby Kotick always ends up winning...

sigh....