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Call of Duty Trial Isn't Happening, Parties Settle [UPDATED]

Details on the settlement aren't being released, either.

No Caption Provided

UPDATE: Activision has issued a press release about the settlement, and while it doesn't include much that we didn't already know, it does mention the settlement will "not have a material impact" on the company's bottom line.

In other words: we probably won't end up finding out very much from Activision's SEC filings.

"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."

--

The epic showdown in the courts between Activision, former Infinity Ward leaders Jason West and Vince Zampella, and nearly 40 employees who left after shipping Call of Duty: Modern Warfare 2 won't be happening.

Polygon reporter Mike McWhertor and LA Times reporter Ben Fritz have been attending the pre-trial shenanigans in Los Angeles, and both are reporting a settlement has been reached.

The trial had been scheduled to start this week. Details on the settlement will not be released.

According to Fritz, West was seen smiling in the courtroom as the news was announced.

Activision had previously disclosed it had set aside one billion dollars for the case, if the outcome went against Activision in the worst possible way. It's unclear if Activision will have to disclose any part of the settlement in the future as part of being a publicly traded company. The settlement between Activision and Electronic Arts has also been kept under wraps.

I'm really bummed. Think of all the court documents related to lunches I could have looked up!

Patrick Klepek on Google+

178 Comments

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Zaxex

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Edited By Zaxex

Would they have paid out if they were in the right? I suppose business and ethics aren't the same thing, and whatever cost the least is what they would have chosen.

So long as the ex-Infinity Ward guys land on their feet and get to keep making games I'm happy. I'm sure no one expected this to be the end of Call of Duty or anything. It seems fitting that the result benefits the ex-Infinity Ward guys without punishing the current Call of Duty developers, just taking some of their plentiful profit I assume.

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Jayzilla

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Edited By Jayzilla

Settlement=guilty of wrong doing. That settles it for me too. I will not be buying another ActiVision game until they right their ways. how could I buy a game from them knowing how they treat their employees and the lengths they would go to to screw their employees over? Answer: I can't, and neither should you.

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jasondesante

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Edited By jasondesante

wtf. coolest trial like ever and they cancel it.

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Zleunamme

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Edited By Zleunamme

No fedora hat to the court room. It was cheaper for Activision to settle than have the thing drag out.

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squirrelnacho

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Edited By squirrelnacho

I wonder what the new Respawn game will be like.

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retrovirus

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Edited By retrovirus

Weak Activision! Weak!

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Qwertywasd

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Edited By Qwertywasd

Patrick loves lunches

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Minifig

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Edited By Minifig

@DeepSpace9MM: Try to find a job where someone likes him?

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MjHealy

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Edited By MjHealy

Somewhere, Bobby Kotick is sitting in an office chair and twisting his mustache...

"Yes! They fell for it. It is all part of my plan..."

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Arebuckle

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Edited By Arebuckle

Well. That was anti-climatic.

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Warihay

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Edited By Warihay

Expected this but still disappointing.

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deactivated-589cf9e3c287e

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This is one of the best-case scenarios. Now what is Respawn working on?

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hallgren

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Edited By hallgren

@Zatoichi_Sanjuro: That is what I am most curious about as well. Especially since west and zampella and the rest of the crew created this IP, I would love to see them get those rights back!

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Falconboom

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Edited By Falconboom

@oobs: I'd rather have it this way. Lets not waste the legal system's time if we can settle these kinds of problems without them.

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oobs

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Edited By oobs

thats ashame..would have been interesting.

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tracert

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Edited By tracert

Good to see the ex Infinity Ward people getting what they are owed. They created one of the most successful properties in game history. Over a billion dollars in sales on MW2. Everyone at that studio should have been treated like kings by Activision, instead they get shit on. Talk about killing the goose that lays the golden egg.

Now that they have some fuck you money it's going to be real interesting to see what Respawn comes out with next. Exciting times we live in.

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NathanStack

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Edited By NathanStack

sadtrombone.wav

I really wanted to see how this was going to pay out in court.

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Zatoichi_Sanjuro

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Edited By Zatoichi_Sanjuro

If the settlement involved West/Zampella retaining the rights to future set Modern Warfare games... won't that come out anyway? Or does the settlement merely indicate a cash only deal?

According to Fritz, West was seen smiling in the courtroom as the news was announced.

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bcjohnnie

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Edited By bcjohnnie

Pretty sure that information releases like that Bungie stuff that came out last week were a big part of why they ended up settling. West & Zampella's lawyers probably gambled on the fact that Activision did not want to spill the beans on more projects like that, and sooo much more of those would come out at trial.

Plus, companies almost always settle. No matter how much malice there seems to be, a company makes a business decision that settling is better than the consequences of trial.

'Tis a bummer though. I don't have any special love for either party, but it would have been fun to see how this played out in court.

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nightriff

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Edited By nightriff

DAMN! This was a trial I was looking foreword too. Looks like Activision has shit to hide if they are willing to settle

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JRock3x8

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Edited By JRock3x8

@Microshock said:

@JRock3x8 said:

can you imagine how activision would have come out of this looking? someone must have finally slapped some sense into Bobby Kotick and said "look, no one is ever going to buy an activision product again if we go to trial."

How would a trial do anything to stop people from buying COD?

well if they are killing children in broad daylight...oh wait - you said COD, yah nevermind you're right.

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microshock

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Edited By microshock

@JRock3x8 said:

can you imagine how activision would have come out of this looking? someone must have finally slapped some sense into Bobby Kotick and said "look, no one is ever going to buy an activision product again if we go to trial."

How would a trial do anything to stop people from buying COD?

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shtinky

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Edited By shtinky

Aw, and you had your frocks all planned for those court trials you couldn't go to. And all the tea parties with the girls, where you'd gossip over the days proceedings, have all been squandered :(

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big_jon

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Edited By big_jon

Pussy shit.

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Jackel2072

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Edited By Jackel2072

I'm really kinda disappointed. I was really looking forward to this trial and all the crazy things I'm sure would of came out of it. I'm going to bet activison lost more then a billon on this one.

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pow1149

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Edited By pow1149

Awww, lame.

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Shaanyboi

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Edited By Shaanyboi

BOOOOO!!!!! WE PAID FOR BLOOOOOOD!!!!

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TadThuggish

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Edited By TadThuggish

booooooooooooooooooooooooooo

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HackedLife

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Edited By HackedLife

Sweet! Maybe this means Respawn can start talking about their game now!!

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MeatSim

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Edited By MeatSim

I want to hear the Jury deliberation process on what they choose for lunch.

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Silver-Streak

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Edited By Silver-Streak

Man, I actually didn't want West Zampella to just get some money. I really wanted to see them gain the rights to Modern Warfare/CoD to see Activision lose it's mind.

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Ravenlight

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Edited By Ravenlight

Time to scoop the West/Zampella interview!

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leejunfan83

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Edited By leejunfan83

@chrispti: I just stopped myself from making a joke in questionable taste

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GalacticPunt

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Edited By GalacticPunt

Aw Dammit, I was ready to watch the mud fly. What am I going to do with all this popcorn?

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alistercat

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Edited By alistercat

Patrick, please interview Jason and Vince and make it all about their favourite sandwiches.

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Foggen

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Edited By Foggen

@ExplodeMode: That's an illegal amount of money.

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deactivated-5e49e9175da37

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I was hoping they'd go to trial so the real bullshit got exposed.

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Foggen

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Edited By Foggen

FUCK FUCK GOD FUCKING DAMN IT FUCK

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JRock3x8

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Edited By JRock3x8

can you imagine how activision would have come out of this looking? someone must have finally slapped some sense into Bobby Kotick and said "look, no one is ever going to buy an activision product again if we go to trial."

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VIGGO123

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Edited By VIGGO123
I'm really bummed. Think of all the court documents related to lunches I could have looked up!

Yeah, I bet Activision keeps records of every lunch consumed by their employees.

Seriously though, I really wanted to see this go to court. IT would have been a sure loss for Activision.

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ExplodeMode

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Edited By ExplodeMode

I heard it was 775 million.

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Dad_Is_A_Zombie

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Edited By Dad_Is_A_Zombie

Looks like Respawn just got the world's biggest kickstarter.

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kylekrane

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Edited By kylekrane

I think Patrick should still get whatever bonus was coming to him when he won a pulitzer for what would have been his reporting of this case.

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Wacomole

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Edited By Wacomole

Of course they did.

Details of the settlement were undisclosed but "...West was also seen folding a receipt for a pair of matching gold-plated Bugatti Veyrons"

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AnEternalEnigma

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Edited By AnEternalEnigma

No details being released = Activision gave in.

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Dagbiker

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Edited By Dagbiker

Im bummed too this would have been the best trial ever.

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andygazi

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Edited By andygazi

Im bummed to Scoopz. Was looking forward to this!

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Lyfeforce

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Edited By Lyfeforce

I only mourn for the podcast fodder this would have provided.

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Oldirtybearon

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Edited By Oldirtybearon

@chrispti said:

Good old Activison rolling over. They tried to save as much face as they could. I hope West, Zampella and the rest of the team gouged Activison for as much as possible.

That's probably what happened. If this thing went to trial, even if by some hail mary of a virgin birth style miracle happened and they won, the damage to their reputation would've been uncanny. Just so we're clear, Project Icebreaker and other nefarious shit is what Activision wasn't worried about getting out.

Think on that.