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Developers allege that Activision shorted them hundreds of millions in royalties, bonuses, and other payments. They're seeking those unreceived payments, plus punitive damages, and a cut of COD:MW3 profits -- a sum which totals half a billion dollars.  (Source: BSC)

The mess began after Activision fired company co-founders Jason West (pictured) and Vince Zampella. Since the firings the company has been slapped with a separate suit from the pair, seeking $36M USD. And over a quarter of Infinity Ward's staff has quit and joined West and Zampella's new EA-backed company, Respawn Entertainment.  (Source: Activision)
Members of the Infinity Ward team claim they didn't get paid their dues

Infinity Ward, a unit of Activision (acquired by the company in 2003), struck solid gold with Call of Duty: Modern Warfare 2.  The game enjoyed a more lucrative debut then any movie, music, or video game release in history, selling $310M USD worth of units in a mere 24 hours.  As of March, over 14 million copies have been sold worldwide, indicating that the game raked in over $700M USD.

Following that success, though, the studio has been slowly falling apart from the inside.  In March, Activision fired Jason West (Infinity Ward president, game director, co-CCO, and CTO) and Vince Zampella (CEO and co-founder of Infinity Ward) for "breaches of contract and insubordination".

West and Zampella accused Activision of an "Orwellian" and "pre-ordained" campaign to try to "manufacture a basis to fire" the studio's founders.  The pair filed suit, claiming Activision owes them $36M USD in unpaid royalties.

The pair launched a new company, Respawn Entertainment, which signed a distribution deal with Electronic Arts, their formal rival.  Since, 26 of Infinity Ward's 80 COD:MW2-era employees have left the company on their own volition, with many joining the ranks at Respawn, angry at Activision's treatment of West and Zampella.

Now a decimated Infinity Ward has been smacked with a suit by the "Infinity Ward Employee Group" -- a collection of about half the employees who worked on COD:MW2 -- seeking half a billion dollars, alleging breach of contract and unpaid royalties.

The $500M USD bounty may seem an astronomical sum, but that's what the 38 employees contend they were owed.  They say that Activision contractually promised them unpaid bonuses, royalties, profit sharing.  Further, they're seeking a payout for future profits from games such as Modern Warfare 3, which they helped plan, and punitive damages.

The Modern Warfare devs, some of whom still work at Infinity Ward, claim that Activision is exploiting the unit.  They state in the court documents, "In short, Activision withheld the property of the IWEG in an attempt to keep the employees hostage so that Activision could reap the benefit of the completion of Modern Warfare 3."

An Activision spokesperson comments, "Activision believes the action is without merit.  Activision retains the discretion to determine the amount and the schedule of bonus payments for MW2 and has acted consistent with its rights and the law at all times. We look forward to getting judicial confirmation that our position is right."

Whoever wins the case, it spells bad news for Activision.  The company's most profitable unit seems on the verge of internal collapse, allegedly thanks to the company's fiscal tightness and questionable firings.

Call of Duty: Modern Warfare 3, the sequel to the best-selling COD:MW2, currently sits in pre-production with the release date unannounced.



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what?
By AssBall on 4/28/2010 8:28:35 AM , Rating: 3
The $500M USD bounty may seem an astronomical sum, but that's what the 38 employees contend they were owed.

Am I missing something? I'd like 13 million dollars too, but this seems like it is a bit of a reach.




RE: what?
By Trikat on 4/28/2010 8:42:36 AM , Rating: 5
I believe some lawyers sue using the shotgun approach as they do not want to leave anything out.
Pretty doubtful their real target is $500M USD.


RE: what?
By Newspapercrane on 4/28/2010 10:26:33 AM , Rating: 2
They mentioned that they're seeking punitive damages Even if they manage to win the case there's no way those will stick.


RE: what?
By Adonlude on 4/28/10, Rating: -1
RE: what?
By IcePickFreak on 4/28/2010 12:35:39 PM , Rating: 3
Actually it's dependent on any contract for employment you sign with the employer. There are many salaried workers who sign a contract, and judging by "seeking half a billion dollars, alleging breach of contract and unpaid royalties." I would imagine they all were contracted employees.


RE: what?
By T2k on 4/28/2010 1:19:42 PM , Rating: 5
quote:
by Adonlude on April 28, 2010 at 12:20 PM Apparently they don't understand that when you work for a large company and accept a salary all of your creations are owned by said company if created on company time. It doesn't matter if you develope $100 Million worth of product, all you are owed is your salary. If you want to own some or all of your intellectual property then take out a second mortgage on your home, beg for startup money, seek venture capital, and put everything you own on the line to start your own company.


Not really - it's rather that apparently you don't have the slightest fuckin' clue how media and entertainment contracts work.

They ARE ENTITLED to royalties and Activision is holding their money HOSTAGE by telling everyone who leaves they don't get their money if they leave which is clearly FUCKIN' ILLEGAL.


RE: what?
By omnicronx on 4/28/2010 1:47:54 PM , Rating: 3
Thanks for the great explanation, profanity always makes things much more clear......</sarcasm>


RE: what?
By TerranMagistrate on 4/28/2010 2:51:30 PM , Rating: 3
As long as they wax the hostage takers (mainly Bobby Kotick), and free those innocent coffers full of money that belongs to Respawn Studios and partly the lawyers then all will be well.

Activision must pay dearly for their unbridled greed.


RE: what?
By Veerappan on 4/28/2010 2:53:36 PM , Rating: 2
Do we know the terms of Activision's buyout of Infinity Ward and the employment contracts of the employees? No, don't think so.

Just because it is common practice for what you said to be the case, that doesn't necessarily mean it's the case for these guys.

If they were promised some form of profit sharing/royalties on games they made (as a performance incentive), then they should get what they were promised. From the sound of the story, they had some sort of profit sharing/royalty deal going on, which Activision *may* have not upheld.


RE: what?
By lightfoot on 4/28/2010 5:58:47 PM , Rating: 3
In any case, the burden of proof increases dramatically when you ask for punitive damages.

In civil court damages can be paid if it is determined that the allegations are "more likely than not."

In order to get punitive damages, you must prove your case "beyond a reasonable doubt." Punitive damages imply punishment and thus require the same burden of proof as any criminal case.

If they are asking for punitive damages that means that they are either bluffing (trying to get a good settlement) or they have a very strong case.


RE: what?
By Dribble on 4/28/2010 10:05:44 AM , Rating: 5
tbh it's probably nothing in comparison to the lost earnings from whatever new games IW would have made for Activision if they hadn't been screwed.

EA on the other hand just got given for free a new company with the cream of the talent from one of the all time most successful games companies. They must be having a good chuckle at the moment.


RE: what?
By Hieyeck on 4/28/2010 11:37:29 AM , Rating: 2
EA has been chuckling since the late 90's. Forget these little gems?
- Westwood
- Bioware (which also picked up former Black Isle)
- Maxis
- DICE (Makes me wonder if they'll fold into each other. If two wrongs make a right, is the result net code that isn't total trash?)


RE: what?
By Jedi2155 on 4/28/2010 12:44:47 PM , Rating: 2
Oh god...oh GOD...don't even mention dare mention DICE and IW together.

P2P networking for a Battlefield game....*THE HORRORS*


RE: what?
By bupkus on 4/28/2010 12:09:05 PM , Rating: 1
quote:
Am I missing something? I'd like 13 million dollars too, but this seems like it is a bit of a reach.

As compared to some CEO who feels he's entitled to billions?


RE: what?
By fatedtodie on 4/28/2010 12:38:35 PM , Rating: 2
Did you miss the part about the game making over $700M?

$500M is fair and fits what they designed and built. It is fun that you have no concept of money but they don't have that same failing.


RE: what?
By AssBall on 4/28/2010 1:22:43 PM , Rating: 2
It is fun that you have no concept of development, marketing, support, and production costs but Activision doesn't have that same failing.


RE: what?
By Jalek on 4/28/2010 2:02:32 PM , Rating: 4
From the countless statements from Activision's CEO, it's clear that he has no idea how to deal with creative people and especially game developers.

It's been all about cost control and trying to use fear as incentive, which works on assembly lines, but doesn't work as well in other workplaces.


Oops...
By MrBlastman on 4/28/2010 8:39:25 AM , Rating: 5
Looks like Activision done messed up, yessir. ;)

It is about time developers fight back against these mega-publishers. I am sick and tired of these huge game companies screwing the original IP creators over in the name of "business," instead of doing what is fair and equitable to those who busted their butts to create the original idea in the first place. I've seen this happen for far too long and it has got to stop.

Unlike an author, these designers and developers sell their souls to these companies and retain no rights to the original IP that they helped create. If they leave, they can't take the IP with them so they have to start over. As far as the companies are concerned, let them leave, as their new idea will have zero name recognition and as game development goes, it is incredibly risky as well as costly to front a completely new IP and publish it. These companies know this, such as Activision, and obviously exploit it by treating their designers like crap even after they release a major success.

Now, as are all stories, there are two sides to them. Activision, from my knowledge (I know people who work for them), have historically _not_ been as ruthless as EA and have generally let their development houses be (to an extent) and produce a little more freely than their EA counterparts (who have historically been lead by the suits). Layoffs still happen there, but, I'm suprised they are stooping this low, screwing their workers out of what is owed once they see a giant pile of gold.

Wait, I'm not that suprised after all. We're talking about greed here and human nature. Activision has seen a gigantic pile of gold and naturally they are trying to bilk their employees out of every cent so they can keep it in their own pockets.

That is wrong. I hope these guys win every penny owed to them back from Activision. Every single cent. Activision doesn't really need it anyways with their cash machine that is WoW and StarCraft II that is coming out soon. They are already rolling in money to begin with.

This stinks. The question I have is--who stinks more, Activision or EA? These guys might have jumped ship but to sell their souls to the devil (the same guys who bought out Origin, who's motto was "We Create Worlds" and butchered it into "We Destroy Worlds"), are they really better off at EA? Perhaps they should have gone to Take Two, Ubisoft or totally independent?




RE: Oops...
By superPC on 4/28/2010 9:31:55 AM , Rating: 3
In the past maybe EA was worst than Activision. But now, they're the better company and not even the lesser of two evil if compared to Activision. their CEO said this : http://www.wired.com/gamelife/2008/02/riccitiello/ and i think he meant it (even though the comment below that paint a negative picture but he stood by his word by allowing new IP like Dead Space, Mirror's Edge, Spore and others to be created and also completely revamping the Battlefield and need for speed game and revamping of sport game every few years (look at FIFA 2010 though granted they should have release some of their sport game as an expansion pack and not full game). Activision was dead set against IW when they tried to revamp COD). EA even give high ranking position to people from Bioware http://en.wikipedia.org/wiki/BioWare. People who hated EA in the past even gives them praise like John Carmack.

I think people just like to bash EA because of their past and it's hard to see that they've change. I hope more people can see this.


RE: Oops...
By bighairycamel on 4/28/2010 10:58:32 AM , Rating: 3
I agree it seems like EA has done a 180 since 3-4 years ago. Or at least a 135ish.

But I imagine Respawn joined with EA as a "giant middle finger to Activision" more than anything.


RE: Oops...
By CyborgTMT on 4/28/2010 6:47:50 PM , Rating: 3
EA + 2015 release Medal of Honor
2015 splits and forms Infinity Ward
IW makes Call of Duty
IW purchsased by Activision
IW personal fired/quit from Activision
Respawn formed by the above
Respawn signs deal with EA

It's just things going full circle, maybe now we can get a Medal of Honor game again that doesn't suck.


RE: Oops...
By superPC on 4/28/2010 10:07:43 AM , Rating: 2
and let's compare what EA CEO and Activison CEO have said in the past to their current action:
EA CEO : http://www.wired.com/gamelife/2008/02/riccitiello/
Activision CEO : http://en.wikipedia.org/wiki/Robert_Kotick

I'd say that both stick to their word but one of them is definitely a lot more sinister...


RE: Oops...
By Adonlude on 4/28/2010 12:27:43 PM , Rating: 2
It's crappy but how would Activision retain the core team if it made them rich? Remember what happend to so many of the original Google employees? They got rich and decided that their current jobs were below them and left to bigger and better things. Give all those devs a few Mil each and you really think they will stick around to develope MW3?


RE: Oops...
By superPC on 4/28/2010 7:22:07 PM , Rating: 2
That's the corporate way of thinking. that everyone is doing their job because they want to be rich. the game developer on the other hand don't think that way. they're doing their job because they love making game. if they become rich in the process that's just a bonus but still a bonus they're entitled to nonetheless.


RE: Oops...
By MrBlastman on 4/28/2010 2:00:14 PM , Rating: 2
Kotick says:

quote:
Kotick later stated he tries to promote an atmosphere of "skepticism, pessimism, and fear" in his company and, "We are very good at keeping people focused on the deep depression."[13]


Wow. Thank you for pointing that out. Kotick is borderline paranoid psychotic. That guy is a maniac. That or he is just really good at trying to be humorous.


RE: Oops...
By Phoque on 4/28/2010 4:40:55 PM , Rating: 2
"Activision doesn't really need it anyways with their cash machine that is WoW and StarCraft II that is coming out soon."

This is the only stupid line in an otherwise good post I deeply agree with.


RE: Oops...
By xrodney on 4/29/2010 5:21:16 AM , Rating: 2
Well, as far as i know, EA only provide support and money to Respawn, which keep their IP and most of decision for titles they develop. I doubt they would go for getting burned once again after last debacle with activision. On other hand EA knows how good people Respawn have so they probably acted to get them 1st.


the new duke nukem forever
By tastyratz on 4/28/2010 11:06:19 AM , Rating: 3
enter modern warfare 3. I can see it now.......




RE: the new duke nukem forever
By NanoTube1 on 4/28/2010 1:21:38 PM , Rating: 2
True


By Acanthus on 4/28/2010 11:42:40 AM , Rating: 5
Duty Calls: Warfare With Current Technology.




false sense of security
By invidious on 4/28/2010 1:09:55 PM , Rating: 2
Activision should not be acting like they have cornered the market and have a secure place on top. They took a big dump on the PC gaming community with MW2 and there is no way MW3 is going to sell as well as MW2, especially not with half the devs leaving the company. It will still be popular because most people play on consoles (gross) and do not follow tech news, but it wont be MW2.

The Battlefield franchise lost a lot of ground with BF2142, but I think they are poised to pick that all back up with fan pleasing titles like BF:BC2. I expect BF3 to build on the success and be a big seller. I picked up BC2 for $20 during the PAX sale and it is one of the best $20 I have ever spent. Right up their with my $20 purchase of Half Life 1 so many years ago.




RE: false sense of security
By tallcool1 on 4/28/2010 2:24:33 PM , Rating: 2
MW2 was a complete failure for PC multiplayer community when compared to the previous COD games WAW and MW1. They completely crippled an already excellent multiplayer PC experience that was tried and true.


By xler8r on 4/28/2010 8:35:15 AM , Rating: 2
This seems to be one of the biggest bouts with a game company and its dev's that i've seen in a good minute. They really must have done some really nasty stuff to have pissed off that many people. I'm not saying these numbers are scalable to what the people feel they are owed... but if they got screwed out of a big cut, more power to them.




Small was beautiful
By Woobagong on 4/28/2010 9:29:34 AM , Rating: 2
This does probably no good for the fans of CoD. A CoD adventure... wheeee. Then my sister would get a fan of CoD... no way! This can't be good! Although... point given to Activision, that they grasped the concept of totally changing something old.

The joiners of big companies who spin off again will hopefully create once again [new] games. Indy games, maybe over Steam. Why not? I would buy.

Alas, I want bullfrog, westwood and origin systems and all other small gems back. They gave us so many games that defined new ways of gameplay. It didn't look as good, but it was hell more fun to play.

The big companies just look for a sure way to make big money, their size dictates this. Almost anything they produce looks good and has astronomic production costs. But in the end its all old crap that worked as a cash cow before. Their mere size inhibits innovation, because innovation is risky.

Therefore... new and small again, I'd like that.




This is a disaster
By NanoTube1 on 4/28/2010 1:19:53 PM , Rating: 2
I think Activision totally screwed this one up.

There is no way in the world a developer, with such a successful IP will suddenly rebel out of the blue against its publisher. The only scenario in which something like that happens is if the publisher really - REALLY - screws the developer over money.

Poor IW.




Thank god
By someguy123 on 4/28/2010 1:31:31 PM , Rating: 2
Activision has been abusing their market dominance for too long. They've killed off multiple, nearly complete IPs before launch to avoid "possibly" low sales, removed dedicated servers for paying customers to attempt to avoid a small percentage of hackers, pumped out refresh after refresh of over priced music games, and seem hellbent on milking every cent from their customers by monetizing battle.net in some form. Now it seems they've also been milking their workers by forcing them to stay on until after MW3's release before they can see their MW2 bonuses.

I hope this company burns to the ground before they completely influence blizzard's business model.




By MagicSquid on 4/28/2010 9:50:40 PM , Rating: 2
I can see them wanting to leave Activision, but to go from Activision to EA... Isn't that just going from bad to worse? Isn't EA pretty much Lucifer himself when it comes to video games? Or have they gotten better?

Also, isn't EA their "former" rivals, not "formal"? (4th paragraph) I guess maybe they could have formally challenged them or something, and I missed it. I haven't been following video games too much lately.

I hope that out of this whole mess we somehow get dedicated servers back for our CoD series.




Why even bother???
By frobizzle on 4/29/2010 8:22:47 AM , Rating: 2
quote:
An Activision spokesperson comments, "Activision believes the action is without merit.

Virtually every defendant of a lawsuit says the exact same thing. So why even bother including it in an article??




:)
By Zingam on 4/29/2010 5:05:49 PM , Rating: 2
Heh! Greed knows no bounds!




Multi million sums
By AstroGuardian on 4/30/2010 5:14:41 AM , Rating: 2
Looking at these multi-million and billion $ numbers i don't feel hard on me for using a cracked MW2 product. I will think about MW3 when it comes up later...




this reminds me of...
By inperfectdarkness on 4/28/2010 9:07:35 AM , Rating: 1
everyone jumping ship from RARE, just before microsoft acquired it.




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