Black Ops 2's futuristic setting may land Activision in legal trouble

**TekkenLord** · 05-09-2012

http://www.computerandvideogames.com...legal-trouble/

Attorney says the game could be pulled from shelves for violating a deal with Infinity Ward

Activision could find itself in hot water for allowing Treyarch to set Call of Duty: Black Ops 2 in the near future.
According to legal documents obtained by Game Informer, the title's 2025 setting violates terms included in Modern Warfare developer Infinity Ward's Memorandum of Understanding (MOU) with the publisher.

A MOU is a formal alternative to a gentlemen's contract, rather than a legally binding contract, according to Wiki. In this case, Activision agreed with Infinity Ward that the studio held the exclusive rights to all Call of Duty games set in "modern day (post-Vietnam), the near future, or distant future".Eric Chad, an intellectual property attorney with the firm Merchant & Gould, told GI that the outcome of this month's court battle between Activision and former Infinity Ward heads Frank West and Vince Zampella could have serious implications for Black Ops 2. The former CoD devs allege that they were wrongly dismissed, while Activision says the pair was guilty of insubordination and colluding with rival publisher EA, among other charges levelled by each party.
If West and Zampella emerge victorious, "[pulling Black Ops II from the shelves] is likely a possible remedy," Chad said. "This does occasionally happen, but I think it is much more likely that the remedy would be some sort of damages payment, like a forced royalty.
"It seems like Black Ops II is likely substantially complete. That might make it hard for the court to order them to change it. Much more likely would be either of the remedies you discussed above [Pulling the game or facing a damage payment]. Damages, in my opinion, are the most likely."

**ps3freak18** · 05-09-2012

Really?! The modern day, near future, and distant future?! Fuck IW.

**Dave-The-Rave** · 05-09-2012

IW can fuck right off, just because Treyarch is better with their own IP than they are.

**TEJ2025** · 05-09-2012

Originally Posted by ps3freak18

Really?! The modern day, near future, and distant future?! Fuck IW.

Activision made the contract so how is this any way IW's fault?

Hopefully this gets settled without that much damage to Black Ops II because a lot of people are looking forward to the future setting.

**Ghost-Rhayne** · 05-09-2012

Simple solution: In the ending cinematic, the hero wakes up and it was ALLLLLLLLL just the dream of a soldier living in 1946. There, fixed.

**Soldier 95B** · 05-09-2012

Would suck if that happens

. Granted I like the IW games more than the Treyarch games, but I want them to just get along and keep bringing us great games.

**ps3freak18** · 05-09-2012

Originally Posted by TEJ2025

Activision made the contract so how is this any way IW's fault?

Hopefully this gets settled without that much damage to Black Ops II because a lot of people are looking forward to the future setting.

True but I doubt Activision suggested they put that in the contract. Kind of strong arming imo. Its well known that IW is the more loved of the two children. Oh well this should get settled out of court...hopefully.

**Kuro** · 05-09-2012

Originally Posted by Ghost-Rhayne

Simple solution: In the ending cinematic, the hero wakes up and it was ALLLLLLLLL just the dream of a soldier living in 1946. There, fixed.

going for inception like theme? lol that be cool on topic damn thats stupid activision do you not want money?
the way these companies think just makes me wonder if they have brains at all.

**ps3freak18** · 05-09-2012

Originally Posted by zzKurozz

going for inception like theme? lol that be cool on topic damn thats stupid activision do you not want money?
the way these companies think just makes me wonder if they have brains at all.

Lol. I think it's apparent over the past few years this is their only agenda.

**Kuro** · 05-09-2012

lol they are idiots

**Fon** · 05-09-2012

Did some of you guys read the article?. They said that they "Could" have the game pulled from shelves. Furthermore this isn't Infinity Wards fault at all but Activision for agreeing to that deal and later giving the green light on Treyarch's near future concept, breaking their deal with Infinity Ward.

**ps3freak18** · 05-09-2012

Originally Posted by FonFahbre

Did some of you guys read the article?. They said that they "Could" have the game pulled from shelves. Furthermore this isn't Infinity Wards fault at all but Activision for agreeing to that deal and later giving the green light on Treyarch's near future concept, breaking their deal with Infinity Ward.

Not saying the breach is IW fault. Hardly isn't it's just the fact that they come up with a contract that gives them rights to everything that is from current forward, while their other devs are stuck with the past. It could have been Activision that come up with these terms but I doubt it. I'm sure it was IW doing this for security. Kind of stupid when they are both under the same publisher.

**Fon** · 05-09-2012

Originally Posted by ps3freak18

Not saying the breach is IW fault. Hardly isn't it's just the fact that they come up with a contract that gives them rights to everything that is from current forward, while their other devs are stuck with the past. It could have been Activision that come up with these terms but I doubt it. I'm sure it was IW doing this for security. Kind of stupid when they are both under the same publisher.

No matter who came up with the terms, It's still Activisions fault for agreeing then allowing Treyarch to make a near futuristic Call of Duty game. But regardless, Infinity Ward hasn't taken action nor do I expect them to.

**Fenix** · 05-10-2012

Black Ops II should of stayed in the past anyways. Now they are really starting to sound alike

**admartian** · 05-10-2012

Originally Posted by Dave-The-Rave

IW can fuck right off, just because Treyarch is better with their own IP than they are.

Wait wut?

It wasn't long ago that many here and forums across the interwebs, that people were pro IW. Then a new COD comes; brainwashes people all over again, and suddenly Activision are angels!

**ps3freak18** · 05-10-2012

Originally Posted by FonFahbre

No matter who came up with the terms, It's still Activisions fault for agreeing then allowing Treyarch to make a near futuristic Call of Duty game. But regardless, Infinity Ward hasn't taken action nor do I expect them to.

Yeah I guess you are right. This isn't something smart to do having your devs fighting within ranks. Oh well, I hope nothing comes out of this. I haven't been excited about a COD title for some time until now.

**$Greatness$** · 05-11-2012

Anytime Activision takes a hit, the Angels sing.

**TDbank24** · 05-14-2012

That sucks. Black Ops 2 is looking awesome.

**Dave-The-Rave** · 05-14-2012

Originally Posted by admartian

Wait wut?

It wasn't long ago that many here and forums across the interwebs, that people were pro IW. Then a new COD comes; brainwashes people all over again, and suddenly Activision are angels!

Well if you've been following my views I haven't been pro IW for a long time..didn't even buy MW3.