West & Zampella Attorney: ‘Numerous Damning Documents, Smoking Guns’

[mankind]

The media circus around the West & Zampella vs Activision trial continues to rumble on, with Gamespot securing an interview with their attorney, Robert M. Schwartz.
Gamespot asked Mr Schwartz what supporting evidence he would be releasing during the hearing.

We have numerous damning documents, smoking guns, and admissions from key Activision executives that show they seduced Jason and Vince into entering this contract in 2008 [the memorandum of understanding] with no intention of honoring it. They betrayed them, and they abandoned them.

Mr. Schwartz said that the recent payment of $42 million was because Activision ‘looked really bad’ and that ‘they didn’t want the jury to hold it against them.’
Bob Kotick is also in the firing line with Mr. Schwartz commenting,

He is the central guy. He made the decision to fire them more than a year before they were fired. He never intended to honor the contract.

Source: Gamespot

http://www.thesixthaxis.com/2012/05/...-smoking-guns/

[Fon]

I wonder if they'll actually receive the $1 billion in damages?. I'll await for the verdict.

[mankind]

I wonder if they'll actually receive the $1 billion in damages?. I'll await for the verdict.

If they win dont they get the right to the COD name?

[Fon]

If they win dont they get the right to the COD name?

I haven't been following this case as much and all I got was the $1 Billion they're seeking in damages. If that's the case and they win the rights as well then Activision sure screwed up big time.

[Wrath]

And that's why I will never buy games from Activision again.

[TEJ2025]

I hope they win.

[keefy]

[podsaurus]

If they win dont they get the right to the COD name?

Oh now THAT would be entertaining. And the chaos would ensue at Activision.

[ps3freak18]

If they win dont they get the right to the COD name?

Seems like I remember hearing something like that. I think it is just for MW though. Here is a quote from Wiki

If their lawsuit is successful, West and Zampella could retain the power to halt the development and release of any future games and downloadable content in the Modern Warfare setting

[TEJ2025]

Seems like I remember hearing something like that. I think it is just for MW though. Here is a quote from Wiki

Could they stop Black Ops II due to it being in the future and not past?

[Wrath]

Oh now THAT would be entertaining. And the chaos would ensue at Activision.

I'd give almost anything to see that happen!

[ps3freak18]

Could they stop Black Ops II due to it being in the future and not past?

Could very well be language in the contract just like the one that IW and Activision signed that was threatening BO 2. I really don't know but since the contract with IW had the language surely these guys fall under that as well because they were IW.

[R3D D3V!L]

I think if they win they get Modern Warfare, and can block the release of any Call of Duty game set post-WW2, which would fuck Activision up big time.

[Blacksite]

Well, the trial has been delayed. I can't say I'm surprised...

Those awaiting the start of legal fireworks between Activision Blizzard Inc. and the former developers of the multibillion-dollar Call of Duty game franchise will have to hold their collective breath a little longer.

California Superior Court Judge Elihu Berle on Thursday ordered that the trial begin June 1, three days after the original start date. Berle cited logistical difficulties assembling a sufficient jury pool.

Berle also stipulated that the trial must end by July 2, giving 22 business days to try the case. Attorneys for each party had requested 30 business days, given the complexities of the case.

Thousands of pieces of evidence have been submitted in the two years since Activision and the developers filed their lawsuits -- each contending that the other had breached an employment contract that laid out the developers' duties and what royalties Activision had pay developers in return.

Each is claiming more than $1 billion in damages and other compensation.

The amount at stake depends on the exact language in a three-page agreement Activision signed in 2008 with Jason West and Vincent Zampella, the former heads of Infinity Ward, the studio that first developed the Call of Duty franchise.

Also involved are 40 other developers who left Infinity Ward shortly after Activision fired West and Zampella in March 2010. These developers, led by Todd Alderman, claim that Activision owes them hundreds of millions of dollars in royalties under the company's contract with West and Zampella.

Berle began to hear arguments Thursday on how the contract should be read. This week or early next week, he is expected to determine which parts of the contract are irrefutable and which will be open to interpretation to a jury, as well as stipulate how the damages ought to be calculated.

Source

[ps3freak18]

Settled...as expected.

Activision and Infinity Ward have reportedly settled their case over Modern Warfare 2 royalties.The news comes via The Verge, who report that the case has been resolved and won’t be going before a jury. Reportedly the terms were reached after days of behind closed doors conversations between attorneys for both parties.
In a statement, Activision commented that "all parties to the litigation have reached a settlement of the dispute, the terms of which are strictly confidential." The statement adds that Activision "does not believe" that the settlement will "result in a material impact" on earnings for the current quarter or for the calendar year.
"We have reached a settlement in this matter as to all parties and all claims," an attorney representing Infinity Ward founders West and Zampella said. "Dismissals will be filed soon."
While West was in the courtroom as the settlement was announced, he reportedly said "no comment" as he departed with his attorney, though he was seen smiling.

Previously, the trial was set to begin on June 1st, delayed from its original date of May 29th. The case began back in 2010 when West and Zampella alleged that Activision failed to pay them "substantial royalty payments" for their work on Call of Duty: Modern Warfare 2. Those payments were later revealed to be nearly $27 million in all.
According to West and Zampella, Activision avoided paying those royalty payments byfiring them after the release of Modern Warfare 2. Since departing Activision, the pairwent on to form Respawn Entertainment and are rumored to be releasing their first title in 2013.
The case also included a group of nearly 40 Infinity Ward employees suing for unpaid bonuses, and briefly included a lawsuit from Activision against rival Electronic Arts. EA and Activision reached their own settlement earlier this month.
This story will continue to be updated as we learn new information, and we’ve reached out to Activision, Respawn and Infinity Ward for further comment.

http://www.ign.com/articles/2012/05/...d-out-of-court

[TRF]

Activision should face legal charges for what they did. Fuck a settlement.


Tapatalking from my bed. Ya mutha says hi.