Posted on Monday 4-Apr-2011 2:25 PM

West and Zampella going after Modern Warfare ownership - lawyer

Ex-Infinity Ward bosses could make new games based on the IP if successful in court

Former Infinity Ward bosses Jason West and Vince Zampella could become co-owners of the Modern Warfare IP if they defeat ex-employer Activision in their upcoming court battle.

Speaking to GameSpot, a lawyer representing the Call of Duty creators said that, in addition to actual and punitive damages, the duo are seeking to wrestle partial control of the franchise from Activision.

If they're successful, they'll have the right to create and release new games in the Modern Warfare series, the legal representative told the site.

Call of Duty: Modern Warfare 2 Screenshot
Activision's dispute with West and Zampella stretches back to March 2010, when the duo sued their ex-employee for alleged unfair dismissal. The pair claimed their contracts were terminated weeks before substantial Modern Warfare 2 royalty payments were due to be made.

Activision counter-sued the developers, arguing that they had been secretly negotiating a deal with EA. West and Zampella subsequently formed new studio Respawn Entertainment and agreed a publishing deal with EA, which was later added to Activision's countersuit.

38 current and former Infinity Ward employees also sued Activision last year over alleged unpaid bonuses and royalties for Modern Warfare 2, and their complaint has been consolidated with West's, Zampella's and EA's case against Activision.

[ Source: GameSpot ]

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Comments

18 comments so far...

  1. Kroll_GB on 4 Apr '11 said:

    Going for broke eh?
    broke get it?

    I'll be here all week... :oops:

  2. spiritofjazz on 4 Apr '11 said:

    I might try the steak...

  3. MANYOO4EVA on 4 Apr '11 said:

    If Activision had let them finished the damn game, as West and Zampella wanted another year to complete it, then it wouldn't of been full of bugs and glitches and we wouldn't be here right now. Two years development on each COD game is not enougth time to release a near perfect game. All Activision saw was the $$$$$$$$.

    Don't get me wrong I buy COD yearly as allmy friends have it, but it needs an overhaul and hopefully W and Z will win, get the rights to the IP and be given the time by EA to release a COD beater in the near future.

  4. le_don on 4 Apr '11 said:

    Hopefully they succeed. COD4 and MW2 walk all over anything developed by Treyarch.

  5. BOYD1981 on 4 Apr '11 said:

    What exactly is stopping them from developing similar games with a different name?
    Yeh it's pretty crappy that they lost their IP, but it seems like they just want to use the name to make more money.
    People really should just stop signing over their IP to greedy publishers.

  6. almanac2015 on 4 Apr '11 said:

    What exactly is stopping them from developing similar games with a different name?
    Yeh it's pretty crappy that they lost their IP, but it seems like they just want to use the name to make more money.
    People really should just stop signing over their IP to greedy publishers.

    Hard to get a publisher by not signing over your IP I would imagine.

    And of course they want to make more money!

  7. wasted-again on 4 Apr '11 said:

    when the duo sued their ex-employee for alleged unfair dismissal

    I thought Activision were their Employer?

  8. murph_77 on 4 Apr '11 said:

    They hold the key to either taking the Modern Warfare IP to where it should have been or the power to kill the CoD franchise. The reason they want their IP back is down to the fact it is an established money maker whereas they will have to start from scratch with a new IP. Either way whatever way this story is going to unfold they will be on to a winner. I hope this is resolved quickly because I want what MW should have been before Activision got greedy.

  9. Ali_ on 4 Apr '11 said:

    What exactly is stopping them from developing similar games with a different name?
    Yeh it's pretty crappy that they lost their IP, but it seems like they just want to use the name to make more money.
    People really should just stop signing over their IP to greedy publishers.

    They, of all people, should realise this won't work. Didn't Infinity Ward try the same with Medal Of Honor when they broke away from 2015Inc?

  10. MJ-Thriller94 on 4 Apr '11 said:

    Modern Warfare 2 was a disgrace. The multiplayer component was so screwed up. Im all for these two to win it back. Hopefully they can win and right the MW2 wrongs

  11. FlimFlam on 4 Apr '11 said:

    I won't lie. If they pull this off, and start developing Modern Warfare titles for EA whilst Activision are left flogging the dead Call of Duty horse, I would laugh non-stop for about a week.

    Talk about Karma.

  12. gypsygib on 4 Apr '11 said:

    I'd love for them to get it simply due to the fact that it would be freaking hilarious if Activision lost Modern Warfare.

    But they're probably just trying to improve their out of court cash settlement position.

  13. Taus on 4 Apr '11 said:

    Sounds like a bargaining chip to me....

    If there was the remotest possibility of Modern Warfare going to Respawn/EA Activision would settle out of court in a heartbeat. Apart from the loss of a billion dollar franchise, the loss of face would be immense

  14. craiglackenby on 4 Apr '11 said:

    I don't think they're going to beat Acti, if they can't make a CoD game then why can Acti? IMO they should concentrate on making a real CoD killer, they are the only ones who have the potential because lets be honest even though we'd love it, BF3 isn't going to do it.

  15. RandyTandy on 4 Apr '11 said:

    By the time they get the thing and make a game out of it, Call of Duty is just going to seem boring.

    Make a new franchise please! Preferably a stealth one as they really nail the stealth levels in their games. Maybe I just miss Hitman...

  16. Barca Azul on 5 Apr '11 said:

    who cares.........really!

  17. gmcb007 on 5 Apr '11 said:

    I hope they do get the rights for several reasons. First it'll destroy activision's cash cow. Two the mere fact that EA would publish it would p**s off bobby kotick. Lastly it would be an end to the 'one each year' strategy.

    You don't like it Kotick? Then maybe you shouldn't be such a greedy wanker! :P

  18. Ninja Wolfman on 5 Apr '11 said:

    COD is dead.