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

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    BrianP

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    #151  Edited By BrianP

    "We have settled, terms are confidential." - Vince Zampella, moments before getting in to his gold plated hovercraft

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    JauntyHat

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    #152  Edited By JauntyHat

    BORING!

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    Arrested_Developer

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    First SK lose and now this, all my gaming related court stories are crumbling before me.  Oh well, at least we haven't heard about Jack Thompson for the last year.

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    soimadeanaccount

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    I wonder if this is Activision acting on Activision behalf or just specific people trying to cover their own tracks.

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    MachoFantastico

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    #155  Edited By MachoFantastico

    Boo!  
     
    Knew this was going to happen though. So bummed about that. :(

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    stewmull

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    #156  Edited By stewmull

    Thats a shame, but! it seems like the IW guys got they're do's

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    viking_funeral

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    #157  Edited By viking_funeral

    @PandaBear said:

    @Wrect said:

    I'm gonna guess that Activision got scared. They screwed the IW guys, and then basically dared them to sue. The IW guys called Activision's bluff, and Activision had to back down. No way did Activision want a jury to hear about that "Project Icebreaker" stuff. That billion-dollar litigation reserve would have been eaten all the way down. Activision's attorneys were probably able to talk some sense into them.

    On a related note: How is Activision going to make publishing deals going forward? They certainly can't try to pull this again. And any developer making a deal with Activision will be (should be) suspicious of them. Is EA the big winner in all of this?

    If you go back less than a decade EA was bigger than Activision, so it'd be interesting if this was a turning point where things started to swing back in the other direction. I'm certainly no expert but you'd have to imagine this will impact future projects and who wants to work with Activision. Time will tell... I think the next console launch will be the big test. If Battlefield (5?) is first to market it could be the EA show again.

    EA isn't doing too hot right now. Former NCAA athletes are suing them for $1 billion. Then there is the NFL likeness lawsuit. And the helicopter lawsuit. And the BF 1943 lawsuit. Basically, any search for EA & the word lawsuit is going to bring you some results, as Joystiq have posted: (Clicky)

    Most of those will probably be settled, and at much less than $1 billion a pop, but it's still going to hurt their near monopoly on sports games. Then you add in the fact that we don't know the details of their settlement with Activision, the fact that The Old Republic is doing horribly right now, or even how they have practically no games coming out this year, and yeah... EA is not going to be hitting a turning point any time soon.

    Activision may have been set back a little by this suit, but most non-informed gamers have no idea that it even happened, and if they did, I doubt they care. Certainly none of my CoD-only friends care.

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    probablytuna

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    #158  Edited By probablytuna

    Man, what an anti-climax.

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    DSale

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    #159  Edited By DSale

    NOooo! The scoops!!! WHAT ABOUT THE SCOOOPPPS??!!?!

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    Ninja_Welshman

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    #161  Edited By Ninja_Welshman

    Awww maaaan! I was really looking forward to a good, old fashioned, courtroom dust up. Guess we'll never know the numbers involved but it's safe to say they were BIG!

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    superfunhappygun

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    So... wait, who has the rights to the Modern Warfare brand? That was one of West and Zampella's demands, wasn't it?

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    dagas

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    #163  Edited By dagas

    Expected. Big corperations often settle out of court to avoid PR disasters.

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    Rhombus_Of_Terror

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    I was so geared to see it been played out in the courts. At least Patrick gets to go to E3 proper now...

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    dropabombonit

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    #166  Edited By dropabombonit

    Kind of sucks but at least this won't be a distraction from E3 coverage now

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    monkeyking1969

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    #167  Edited By monkeyking1969

    This settlement works for everyone. Activision pays, but admist nothing. West and Zampella get less cash, but the fact they likely breached a contract is hidden. In some way West and Zampella are getting less then they wanted because they wnated Activision to bleed. Also, you can tell West and Zampella wanted the first BLOPs to fail and for the next MW without them would flop too, but the narrative didn't really work out that way so now people start to wonder if West and Zampella were ever that important.

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    Hurricrane

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    #168  Edited By Hurricrane

    Bummer. I was greatly looking forward to all the probably HIGHLY illegal stuff that would surface about Activision's biz practices.

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    morrelloman

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    #169  Edited By morrelloman

    Wuddup. Im a licensed CPA. I want to give some insight into quantifying the term materiality. It is a measure auditors use to determine what $ amount of fraud or errors could actually impact a debtor or investors evaluation of a company. It is relatively subjective, but there are some general calcs.

    #1 5% of net income - based on 2011 would be $55 MM

    Or

    #2 33% of (tangible) assets which would be $1.5BB

    Two extremely simplified numbers, but a loosely scientific assesment of the $ range of this settlement based on those updated statements.

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    ptys

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    #170  Edited By ptys

    Would have been cool if they got to keep the rights to the Modern Warfare brand, but I guess that doesn't make a difference so long as they make good games.

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    DG991

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    #171  Edited By DG991

    awwwwwww

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    yukoasho

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    #172  Edited By yukoasho

    @MonkeyKing1969 said:

    This settlement works for everyone. Activision pays, but admist nothing. West and Zampella get less cash, but the fact they likely breached a contract is hidden. In some way West and Zampella are getting less then they wanted because they wnated Activision to bleed. Also, you can tell West and Zampella wanted the first BLOPs to fail and for the next MW without them would flop too, but the narrative didn't really work out that way so now people start to wonder if West and Zampella were ever that important.

    Pretty much. Activision probably found what they needed to pay for the settlement in between the couch cushions, and West and Zampella don't get to have their breach of contract exposed for all to see. The real winner in all this is Treyarch, who no longer need to worry about this hanging over the Black Ops II launch.

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    sammo21

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    #173  Edited By sammo21

    @Grissefar: I think Activision was just scared of more stuff leaking, which can effect stock prices and more. On top of that it has quickly looked worse and worse for Activision/Bobby Kotick as they are looking like assholes more and more every day.

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    Amducious

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    #174  Edited By Amducious

    Dang it. I wanted to hear all the juicy stuff in court.

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    KaneRobot

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    #175  Edited By KaneRobot

    This is the worst news I've ever heard about anything.

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    zeus_gb

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    #176  Edited By zeus_gb

    I so wanted the details to come out but I guess we should have expected them to settle.

    They pay money out but don't have to admit to anything. I guess it saves them from any embarrassment when details come out in court.

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    Pop

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    #177  Edited By Pop

    Yea, they got that diablo 3 money this quarter.

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    49th

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    #178  Edited By 49th

    Wow what an anti climax.

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