Something went wrong. Try again later

Giant Bomb News

90 Comments

Vince Zampella and Jason West's Case Against Activision Going to Trial

Patrick's already packing his bags for Los Angeles.

My dream is coming true, guys.

When Infinity Ward co-founders Vince Zampella and Jason West split from Activision in 2010, things got ugly and lawsuits were filed. The lingering question over the ordeal has been whether the parties involved would settle out of court. According to The Hollywood Reporter, however, a judge has ruled the duo has sufficient claims and the lawsuit is headed to trial.

That said, a settlement could still happen, but if neither side decides to back down, we could be looking at a trial later this year or early next. In which case, I'll be booking a flight to Los Angeles very soon, purchasing a fancy fedora hat, and employing Olly Moss to do my courtroom sketches.

No Caption Provided
Patrick Klepek on Google+

90 Comments

Avatar image for patrickklepek
patrickklepek

6835

Forum Posts

1300

Wiki Points

0

Followers

Reviews: 0

User Lists: 0

Edited By patrickklepek

My dream is coming true, guys.

When Infinity Ward co-founders Vince Zampella and Jason West split from Activision in 2010, things got ugly and lawsuits were filed. The lingering question over the ordeal has been whether the parties involved would settle out of court. According to The Hollywood Reporter, however, a judge has ruled the duo has sufficient claims and the lawsuit is headed to trial.

That said, a settlement could still happen, but if neither side decides to back down, we could be looking at a trial later this year or early next. In which case, I'll be booking a flight to Los Angeles very soon, purchasing a fancy fedora hat, and employing Olly Moss to do my courtroom sketches.

No Caption Provided
Avatar image for rbanke
rbanke

238

Forum Posts

16

Wiki Points

0

Followers

Reviews: 0

User Lists: 5

Edited By rbanke

Wonder if we'll finally get to hear some of the background truth on this.

Avatar image for tober
Tober

186

Forum Posts

37

Wiki Points

0

Followers

Reviews: 0

User Lists: 6

Edited By Tober

Why are people suing eachother. Can't we all just get along?

Avatar image for make_me_mad
Make_Me_Mad

3229

Forum Posts

1007

Wiki Points

0

Followers

Reviews: 1

User Lists: 11

Edited By Make_Me_Mad

We're going to need some Max Payne level narration/monologuing from you on this one, Klepek.

Avatar image for kyle
Kyle

2383

Forum Posts

6307

Wiki Points

0

Followers

Reviews: 0

User Lists: 12

Edited By Kyle

Oh god I want this to happen so bad! It would be fascinating.

Avatar image for nictel
Nictel

2698

Forum Posts

202

Wiki Points

0

Followers

Reviews: 2

User Lists: 2

Edited By Nictel

Get me a livestream and some popcorn!

Avatar image for 234rqsd2323d2
234r2we232

3175

Forum Posts

2007

Wiki Points

0

Followers

Reviews: 0

User Lists: 16

Edited By 234r2we232

I read that title like they were against Activision going to court :|

Avatar image for applederp
Applederp

118

Forum Posts

0

Wiki Points

0

Followers

Reviews: 0

User Lists: 0

Edited By Applederp

If West and Zampella win the suit, would Modern Warfare 3 cease to exist?
 
I don't know much about legal stuff

Avatar image for deactivated-59123fe38ab28
deactivated-59123fe38ab28

1154

Forum Posts

543

Wiki Points

0

Followers

Reviews: 0

User Lists: 4

How riveting.

Avatar image for spacepenguin
SpacePenguin

497

Forum Posts

425

Wiki Points

0

Followers

Reviews: 1

User Lists: 0

Edited By SpacePenguin
@Applederp: It would still exist because I think Vince and Jason just want money off Activision not the rights to the game or anything, i could be wrong though
Avatar image for coldwolven
Cold_Wolven

2583

Forum Posts

3

Wiki Points

0

Followers

Reviews: 0

User Lists: 0

Edited By Cold_Wolven

This should have been settled out of court, what's 30 odd million dollars to Activision. Are the duo's claims only the money that they are owed or are they going for more?

Avatar image for freakache
FreakAche

3102

Forum Posts

114

Wiki Points

0

Followers

Reviews: 0

User Lists: 8

Edited By FreakAche

Somehow, I don't care about this as much as I did a year ago.

Avatar image for cartvader
cartvader

157

Forum Posts

124

Wiki Points

0

Followers

Reviews: 1

User Lists: 2

Edited By cartvader

They are seeking the IP for "Modern Warfare" in addition to Money.  Depending on when it goes to court I would thinking stopping MW3 would be possible.  Would be interesting to see if they file an injunction to prevent it's release in November.

Avatar image for johnpaulvann
JohnPaulVann

210

Forum Posts

0

Wiki Points

0

Followers

Reviews: 0

User Lists: 0

Edited By JohnPaulVann
@Applederp: No. MW3 will still come out, sadly. 
Avatar image for winternet
Winternet

8454

Forum Posts

2255

Wiki Points

0

Followers

Reviews: 0

User Lists: 6

Edited By Winternet

Olly Moss doing courtroom sketches? I'm in!

Avatar image for mordeaniischaos
MordeaniisChaos

5904

Forum Posts

-1

Wiki Points

0

Followers

Reviews: 5

User Lists: 5

Edited By MordeaniisChaos

@Applederp: I doubt they would do that to their former colleagues.

Avatar image for campbell000
Campbell000

20

Forum Posts

34

Wiki Points

0

Followers

Reviews: 0

User Lists: 0

Edited By Campbell000

Hahaha, I was like man how would that work.....and then an epiphany of epic poster concepts flashed through my mind.

Avatar image for gunharp
gunharp

356

Forum Posts

283

Wiki Points

0

Followers

Reviews: 0

User Lists: 3

Edited By gunharp

I know this piece is short. But the attached image of Modern Warfare 3 is...uhm. I don't know, whatever.

Also whats up with this portion of The Hollywood Reporter piece you linked to:

"In March, Superior Court judge Elihu Berle ruled that Activision had sufficient claims against Electronic Arts."

I had no idea that happened. Do you think it will hurt or help the claims West and Zampella are making?

Avatar image for white_silhouette
White_Silhouette

527

Forum Posts

308

Wiki Points

0

Followers

Reviews: 0

User Lists: 4

Edited By White_Silhouette

The only people going to make any money out of these lawsuits are the lawyers.

Avatar image for notha
notha

249

Forum Posts

25

Wiki Points

0

Followers

Reviews: 0

User Lists: 0

Edited By notha

@Tober said:

Why are people suing eachother. Can't we all just get along?

cuz acti decided to try to fuck their devs?

Avatar image for fateofnever
FateOfNever

1923

Forum Posts

3165

Wiki Points

0

Followers

Reviews: 0

User Lists: 2

Edited By FateOfNever

I wouldn't be surprised if this just gets tied up in court limbo though with constant delays and nothing ever getting resolved.  If it actually does, in fact, get into the courtroom and they get to battle, I'll be curious to see how things go down.

Avatar image for nonentity
Nonentity

268

Forum Posts

631

Wiki Points

0

Followers

Reviews: 0

User Lists: 13

Edited By Nonentity

@cartvader said:

They are seeking the IP for "Modern Warfare" in addition to Money. Depending on when it goes to court I would thinking stopping MW3 would be possible. Would be interesting to see if they file an injunction to prevent it's release in November.

Wonder if the subtitle on the game of just calling it "MW3" in branding as opposed to "Modern Warfare 3" so far was trying to tippytoe around that, just in case.

Avatar image for meatsim
MeatSim

11201

Forum Posts

150

Wiki Points

0

Followers

Reviews: 0

User Lists: 23

Edited By MeatSim

Wake me up in a year.

Avatar image for nickferg
NickFerg

60

Forum Posts

11

Wiki Points

0

Followers

Reviews: 0

User Lists: 1

Edited By NickFerg

If you need someone to fill the role of Jimmy Olsen to your Clark Kent while you're in LA, I'll be your man. Or should I say boy?

Avatar image for _phara0h_
_Phara0h_

926

Forum Posts

150

Wiki Points

0

Followers

Reviews: 3

User Lists: 6

Edited By _Phara0h_

Olly Moss FTW

Avatar image for miningguyx360
miningguyx360

385

Forum Posts

1617

Wiki Points

0

Followers

Reviews: 0

User Lists: 4

Edited By miningguyx360
@SpacePenguin: they want the property of Modern Warfare but not Call of Duty... also some cash I believe
Avatar image for rmanthorp
rmanthorp

4654

Forum Posts

3603

Wiki Points

0

Followers

Reviews: 1

User Lists: 14

Edited By rmanthorp  Moderator

@Winternet said:

Olly Moss doing courtroom sketches? I'm in!

Love it!

Avatar image for endaround
endaround

2275

Forum Posts

8320

Wiki Points

0

Followers

Reviews: 0

User Lists: 5

Edited By endaround

I want OJ trial type TV news Standups!  Standing out front of the court house telling us that nothing has happened today!

Avatar image for crash_happy
Crash_Happy

816

Forum Posts

283

Wiki Points

0

Followers

Reviews: 1

User Lists: 3

Edited By Crash_Happy

@Nonentity: They certainly appeared beforehand to be moving MW into it's own series, and are now backpedaling. Not even a full sub-title, just MW3.

I assume that Activision feel they have to take on this case, regardless how slim the odds, to deter any future staff jumping ship.

Avatar image for tormasturba
TorMasturba

1123

Forum Posts

36

Wiki Points

0

Followers

Reviews: 0

User Lists: 0

Edited By TorMasturba

@White_Silhouette said:

The only people going to make any money out of these lawsuits are the lawyers.

Actually all sides stand to gain a significant amount. Activision would get continued rights to carry on sucking the COD franchise dry if they won, West and Zampella would stand to gain several million dollars of backpay and also ALL profits that Activision gained via the MW extension of the COD franchise and the rights to all future use of the MW name and it's tropes.

You were definitely right about the lawyers though.

Avatar image for foggen
Foggen

1181

Forum Posts

2010

Wiki Points

0

Followers

Reviews: 0

User Lists: 6

Edited By Foggen

@Applederp said:

If West and Zampella win the suit, would Modern Warfare 3 cease to exist? I don't know much about legal stuff

@Cold_Wolven said:

This should have been settled out of court, what's 30 odd million dollars to Activision. Are the duo's claims only the money that they are owed or are they going for more?

West and Zampella are suing for control of the Modern Warfare brand, along with damages. They would theoretically have the right to block release of MW3 or take creative control over it, or demand vastly higher royalties to allow Activision to go ahead as planned.

Can not wait to see what happens.

Avatar image for cheapandtacky
cheapandtacky

139

Forum Posts

94

Wiki Points

0

Followers

Reviews: 0

User Lists: 0

Edited By cheapandtacky

Please let this got to court, it's the only way the truth (or whatever passes for it in a courtroom) is ever getting out.

Avatar image for mcdunkin
McDunkin

329

Forum Posts

2

Wiki Points

0

Followers

Reviews: 0

User Lists: 3

Edited By McDunkin

I can't see this going to trial until AFTER MW3 is released. Or they will settle out of court to prevent any injunctions that may be given by a judge.

Avatar image for siphillis
Siphillis

1357

Forum Posts

6549

Wiki Points

0

Followers

Reviews: 2

User Lists: 17

Edited By Siphillis

War of the Douche-bags, commence!

Avatar image for airickson
Airickson

152

Forum Posts

2

Wiki Points

0

Followers

Reviews: 0

User Lists: 0

Edited By Airickson

@White_Silhouette said:

The only people going to make any money out of these lawsuits are the lawyers.

Fact.

Avatar image for mayorfeedback
MayorFeedback

685

Forum Posts

10001

Wiki Points

0

Followers

Reviews: 1

User Lists: 6

Edited By MayorFeedback

Heck yeah, televise that shit.

Avatar image for craigbo180
craigbo180

1763

Forum Posts

42988

Wiki Points

0

Followers

Reviews: 2

User Lists: 2

Edited By craigbo180

I don't think there is anything I could care less about than this.

Avatar image for shanedev
ShaneDev

1703

Forum Posts

7

Wiki Points

0

Followers

Reviews: 0

User Lists: 1

Edited By ShaneDev
It would be nice if  Activision was dealt a decent blow or lost the MW franchise but I honestly do not think this case will result in a win for the IW guys. Of everything reported it seems a little silly to believe that  Activision  wouldn't have a sound contract with these guys and would try and cheat them out of money in such a blatant way. I also wouldn't be surprised if the IW guys were meeting EA on  Activision' s time. I don't care who wins this but it might end up setting out of court.
Avatar image for seanvail99
seanvail99

142

Forum Posts

1321

Wiki Points

0

Followers

Reviews: 0

User Lists: 2

Edited By seanvail99
Avatar image for outerabiz
outerabiz

717

Forum Posts

16

Wiki Points

0

Followers

Reviews: 0

User Lists: 0

Edited By outerabiz
@craigbo180 said:
I don't think there is anything I could care less about than this.
same, well maybe mw3
Avatar image for authenticm
AuthenticM

4404

Forum Posts

12323

Wiki Points

0

Followers

Reviews: 1

User Lists: 2

Edited By AuthenticM

:)

Avatar image for subjugation
Subjugation

4993

Forum Posts

963

Wiki Points

0

Followers

Reviews: 0

User Lists: 1

Edited By Subjugation

So will this be on CourtTV?

Avatar image for silver-streak
Silver-Streak

2030

Forum Posts

587

Wiki Points

0

Followers

Reviews: 1

User Lists: 4

Edited By Silver-Streak

How crazy (and awesome) would it be if they won? That they owned the rights to the Modern Warfare series?

I believe this would mean that they would have to be paid royalties for MW3, and it would also mean Activision can't make any more MW without licensing it, /or/ it could mean a MW made by a publisher other than Activision.

Avatar image for y2ken
Y2Ken

3308

Forum Posts

82

Wiki Points

0

Followers

Reviews: 2

User Lists: 28

Edited By Y2Ken

... Cue the "correct/incorrect answer jingles" from LA Noire? Would liven up a court case no end.

Avatar image for the_official_japanese_teabag
the_OFFICIAL_jAPanese_teaBAG

4312

Forum Posts

0

Wiki Points

0

Followers

Reviews: 0

User Lists: 0

@NickFerg said:

If you need someone to fill the role of Jimmy Olsen to your Clark Kent while you're in LA, I'll be your man. Or should I say boy?

please dont be his man
Avatar image for quantical
Quantical

793

Forum Posts

0

Wiki Points

0

Followers

Reviews: 0

User Lists: 0

Edited By Quantical

God speed Patrick, god speed. :D

Avatar image for jackel2072
Jackel2072

2510

Forum Posts

370

Wiki Points

0

Followers

Reviews: 0

User Lists: 11

Edited By Jackel2072

@Eujin said:

How crazy (and awesome) would it be if they won? That they owned the rights to the Modern Warfare series?

I believe this would mean that they would have to be paid royalties for MW3, and it would also mean Activision can't make any more MW without licensing it, /or/ it could mean a MW made by a publisher other than Activision.

i will never say never. though unlikely. in this case we always find our selfs rooting for the underdog no matter how preposterous. If they were to win the COD franchise it would not kill activision but it would take them down a few notches. most likely Kotick would be asked to leave the company by the shareholders as well.

Avatar image for silver-streak
Silver-Streak

2030

Forum Posts

587

Wiki Points

0

Followers

Reviews: 1

User Lists: 4

Edited By Silver-Streak

@Jackel2072: Yes. I don't think anything will kill Activision, short of Blizzard splitting off again.

Avatar image for mistermouse
MisterMouse

3608

Forum Posts

272

Wiki Points

0

Followers

Reviews: 5

User Lists: 5

Edited By MisterMouse

PLEASE GET OLLY MOSS TO DO THOSE SKETCHES!!!! 

Avatar image for wickedsc3
wickedsc3

1044

Forum Posts

51

Wiki Points

0

Followers

Reviews: 0

User Lists: 0

Edited By wickedsc3

Team Zampella and West!