UPDATE: Activision and West/Zampella Settle

John Funk

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Dec 20, 2005
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UPDATE: Activision and West/Zampella Settle

The Infinity Ward case will not be going to court.

With upwards of a billion dollars potentially on the line one way or another, one of modern gaming's biggest legal dramas - the lawsuit and countersuit between former Infinity Ward heads Jason West and Vince Zampella and publisher Activision - has been resolved and will not be heard in front of a jury.

Details of the settlement are "strictly confidential," though Jason West was reportedly smiling in court when the settlement was announced. "We have reached a settlement in this matter as to all parties and all claims," said a lawyer representing West and Zampella, who said that official court dismissals would be forthcoming soon.

West and his lawyer declined to comment as they left the courtroom.

Yesterday, a judge paid out $42 million [http://www.escapistmagazine.com/news/view/117530-Judge-Delays-Activision-vs-Zampella-West-Trial] to former Infinity Ward employees who it had determined were not at fault in any of this.

Given revelations that Activision had, among other things, tried to have Infinity Wards' computers hacked [http://www.escapistmagazine.com/news/view/117296-Activision-Tried-to-Have-Its-Employees-Computers-Hacked], it doesn't take an especially cynical person to see this as the publisher taking actions to avoid being taken to the cleaners in court once all its cards were on the table. West's reported grin may lend further weight to the theory that Activision was backed up against a wall.

That said, we don't know any details so any finger-pointing and blaming at this point is pretty presumptuous. I can't help but think that it's kind of a shame that the case will never go to trial; with this outcome we may never really know exactly what happened between Activision and Infinity Ward two years ago.

Source: Polygon [http://www.theverge.com/gaming/2012/5/31/3049988/activision-call-of-duty-trial-placeholder]

UPDATE: Activision has issued an official statement regarding the settlement, confirming that the specifics of the case will remain unpublished.

"Activision Blizzard, Inc. (ATVI) today announced that all parties to the litigation have reached a settlement of the dispute, the terms of which are strictly confidential," the statement reads. "The company does not believe that the incremental one-time charges related to the settlement will result in a material impact on its GAAP or non-GAAP earnings per share outlook for the current quarter or the calendar year, due to stronger-than-expected operating performance in the current quarter."

EA, which settled its part in the dispute earlier this month, also responded to the outcome, telling Polygon [http://www.theverge.com/gaming/2012/5/31/3049988/activision-call-of-duty-trial-placeholder] that "Activision's refusal to pay their talent and attempt to blame EA were absurd. This settlement is a vindication of Vince and Jason, and the right of creative artists to collect the rewards due for their hard work."


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Gilhelmi

The One Who Protects
Oct 22, 2009
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At least not until it all become a moot point and no one cares. I think there is a 60 year time limit before we can read the details.

However, Good Job Mr. West and Mr. Zampella. You fought the evil corporation and won. This is indeed a good day.
 

RaNDM G

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Apr 28, 2009
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Damn. I actually wanted to see this go to court.

Ah well. At least Infinity Ward came out on top of this one.
 

shintakie10

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Son of a ***** Activision. Were you so afraid that people couldn't look at the god damn facts objectively? Now everyone is goin to keep thinkin that West and Zampella were the good guys when they were most definitely not.
 

Fiz_The_Toaster

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Awwwww.....

Goddammit Activision, I bought all the popcorn and snacks for this and you had to go and settle!

Still, can't really say I'm surprised they did this, but I'm glad that West and Zampella came out of this unscathed since Activision would've most likely have played hardball over this.
 

Aiddon_v1legacy

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after the Icebreaker bomb they probably realized that their chances of a jury ruling in their favor were too slim for their liking.
 

sir.rutthed

Stormfather take you!
Nov 10, 2009
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shintakie10 said:
Son of a ***** Activision. Were you so afraid that people couldn't look at the god damn facts objectively? Now everyone is goin to keep thinkin that West and Zampella were the good guys when they were most definitely not.
That's probably exactly what they were afraid of. I'm not gonna say West and Zampella were the good guys since I don't actually know, but recent developments have made it pretty clear that Activision are shady scumbags at best and evil bastards at worst. Those two guys would have to work pretty hard to beat Activision at their own game, so this is the logical decision for Activision. Not as satisfying for us, but Activision would be idiots to let this go to court after the developments of the last couple weeks.
 

Terramax

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sir.rutthed said:
shintakie10 said:
Son of a ***** Activision. Were you so afraid that people couldn't look at the god damn facts objectively? Now everyone is goin to keep thinkin that West and Zampella were the good guys when they were most definitely not.
That's probably exactly what they were afraid of. I'm not gonna say West and Zampella were the good guys since I don't actually know, but recent developments have made it pretty clear that Activision are shady scumbags at best and evil bastards at worst. Those two guys would have to work pretty hard to beat Activision at their own game, so this is the logical decision for Activision. Not as satisfying for us, but Activision would be idiots to let this go to court after the developments of the last couple weeks.
Serious question: why were West and Zampella the 'bad guys' here?
 

shintakie10

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Terramax said:
sir.rutthed said:
shintakie10 said:
Son of a ***** Activision. Were you so afraid that people couldn't look at the god damn facts objectively? Now everyone is goin to keep thinkin that West and Zampella were the good guys when they were most definitely not.
That's probably exactly what they were afraid of. I'm not gonna say West and Zampella were the good guys since I don't actually know, but recent developments have made it pretty clear that Activision are shady scumbags at best and evil bastards at worst. Those two guys would have to work pretty hard to beat Activision at their own game, so this is the logical decision for Activision. Not as satisfying for us, but Activision would be idiots to let this go to court after the developments of the last couple weeks.
Serious question: why were West and Zampella the 'bad guys' here?
They, as people, are misogynistic pricks. As business men they went out of their way to fuck over Activision in order to get fired to avoid breakin their contract so they could go to EA. They played it off as somethin that would have been a dumb move to do, but they fuckin did it and its sickenin that people take their side.

Is Activision the good guy in this whole thing? Fuck no. They still treat their developers that aren't Blizzard like disposable trash that decided it was better to act shady than to go through the normal legal channels to get more proof to fire West and Zampella than they already had. However that should have had no bearin on this particular case.

Unfortunately the US justice system is practically designed and most definitely used and abused with that kind of stuff. It reminds me of the Boondocks episode with R. Kelly where the case should be open and shut. The facts speak for themselves and any logical person would go "Yep, he's guilty" but that doesn't happen because of the BS grandstandin that happens in courts.
 

sir.rutthed

Stormfather take you!
Nov 10, 2009
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Terramax said:
sir.rutthed said:
shintakie10 said:
Son of a ***** Activision. Were you so afraid that people couldn't look at the god damn facts objectively? Now everyone is goin to keep thinkin that West and Zampella were the good guys when they were most definitely not.
That's probably exactly what they were afraid of. I'm not gonna say West and Zampella were the good guys since I don't actually know, but recent developments have made it pretty clear that Activision are shady scumbags at best and evil bastards at worst. Those two guys would have to work pretty hard to beat Activision at their own game, so this is the logical decision for Activision. Not as satisfying for us, but Activision would be idiots to let this go to court after the developments of the last couple weeks.
Serious question: why were West and Zampella the 'bad guys' here?
I dunnow. I've heard they're kinda dicks, but can't say as to specifics.
 

GeorgW

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Aug 27, 2010
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While I'm happy for West and Zampella that they don't have to pay their lawyers any more, I'm sad for the industry that this will never see court, it could have revolutionised the industry, and might have shined a well deserved spotlight on Activision.
BTW, I'm not saying that Activision is the only bad guy in this, but they are the ones with the most to lose and the most interesting things to have been revealed would have been about them.
 

Baldr

The Noble
Jan 6, 2010
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It a win for both sides(as settlements for this type of stuff can be cheaper than legal and court fees), losing side being us, we'll never know the full truth of what happen.
 

DustyDrB

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Jan 19, 2010
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Dammit. I was hoping to see Activision's dirty secrets being put out in the open.
 

RandV80

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Oct 1, 2009
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So where do the details get locked away anyways? It would be great for this case to find it's way onto wikileaks!
 

Andronicus

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Mar 25, 2009
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shintakie10 said:
They, as people, are misogynistic pricks. As business men they went out of their way to fuck over Activision in order to get fired to avoid breakin their contract so they could go to EA. They played it off as somethin that would have been a dumb move to do, but they fuckin did it and its sickenin that people take their side.

Is Activision the good guy in this whole thing? Fuck no. They still treat their developers that aren't Blizzard like disposable trash that decided it was better to act shady than to go through the normal legal channels to get more proof to fire West and Zampella than they already had. However that should have had no bearin on this particular case.
I dunno. If the person I had a contract with was treating me like absolute shit, I'd try to find a way to break it too, and I don't necessarily consider myself a dick (although I admit I'm probably biased). I respect that if you sign a contract, you kinda have to follow through with it, assuming all parties play their part properly. However, I certainly wouldn't sign a contract that states my employer is within their rights to hack up my computer and try to get me fired just so they didn't have to pay me money.

I guess I don't really know enough about the specifics of the case, but if anything's obvious in all this it's that Activision undeniably evil, whereas West and Zampella's asshattery is only debatable in its justification.

Also why, of all things, misogynistic? I can't remember them saying anything about women, let alone untoward.
 

Roboto

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The specifics don't need to be published: Activision retched about 5 times, and then vomited money in a manner similar to that one Brian scene in Family Guy you all know I'm talking about.
 

Sovereignty

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Jan 25, 2010
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Why does it seem the general, 'norm' for big corporations to be evil?

I mean this case is settled out of court (Which means that neither party had 100% faith in their case. So you could surmise that they both knew they'd acted wrongly in one way or another that might burn them in a trial.)

Yet most posts here and all over the web are saying, "Yay for West and Zampella sticking it to that demon Activision!"

I'm genuinely curious about this, especially because there's no way the community knows who the real 'scum' in this situation was.


I personally feel the real demon here is the lawyers. This settlement goes through, and those bastards are going to take a large slice of it. How many jobs do you think it'll cost?