Activision vs. West & Zampella - Whose side are you on?

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Jimbo

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#1  Edited By Jimbo
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Jimbo

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#2  Edited By Jimbo
West & Zampella say: 
 
From their initial lawsuit-
 
"This lawsuit is solely and regrettably the result of the astonishing arrogance and unbridled greed of defendant Activision.  Plaintiffs Jason West and Vince Zampella are among the most talented and successful videogame developers in the world. They created for Activision two videogame franchises, Call of Duty and Modern Warfare, that became the most successful in the company's - indeed, the industry's - history, lining Activision's pockets with billions of dollars in revenue and creating a die-hard fan base in the millions."

"Just weeks before Messrs. West and Zampella were to receive the royalties for their hard work on Modern Warfare 2, Activision fired them in the hope that by doing so, it would avoid paying them what they had rightfully earned, and to seize control of the Infinity Ward Studio, to which Activision had previously granted creative control over all Modern Warfare branded games and had, apparently, decided it no longer wanted to live with."

The document also refers to charges of insubordination as "unstated and unsubstantiated" and labels a meeting between the pair and Activision as a "sham".

West and Zampella are seeking to be "paid the compensation they have earned" and to be awarded the "contractual rights" granted to them by Activision to "control Modern Warfare branded games". Damages are sought in excess of $36 million." (Source: videogamer.com)

 
Activision says:

On West & Zampella's initial lawsuit-

"Activision is disappointed that Mr. Zampella and Mr. West have chosen to file a lawsuit, and believes their claims are meritless.  Over eight years, Activision shareholders provided these executives with the capital they needed to start Infinity Ward, as well as the financial support, resources and creative independence that helped them flourish and achieve enormous professional success and personal wealth.

In return, Activision legitimately expected them to honor their obligations to Activision, just like any other executives who hold positions of trust in the company. While the company showed enormous patience, it firmly believes that its decision was justified based on their course of conduct and actions. Activision remains committed to the Call of Duty franchise, which it owns, and will continue to produce exciting and innovative games for its millions of fans." (Source: Kotaku)
 ---
 
In their own counter lawsuit-

"West and Zampella's misdeeds formed an unlawful pattern and practice of conduct that was designed to steal the [Infinity Ward] studio, which is one of Activision's most valuable assets -- at the expense of Activision and its shareholders and for their own personal financial gain." The two men are accused of going "on a secret trip by private jet to Northern California, arranged by their Hollywood agent, to meet with the most senior executives of Activision's closest competitor [EA]."  (Source: Destructoid)
 
The suit also claims that the two prevented  "Activision from awarding additional compensation to [Infinity Ward] team members as a reward for the success of [Infinity Ward]-developed games, in order to make these employees easier to poach when West and Zampella executed their plans to leave the company and set up their own company."  (Source: Gamespot)
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ThePhantomnaut

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#3  Edited By ThePhantomnaut

I would just like to witness what's gonna happen, not try to side but most of us would be against Kotick.

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Brendan

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#4  Edited By Brendan

I'm on West/Zampella's side intellectually, because I think they're very capable people who should keep making games, but I have no emotional attachment to the situation.
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Jadeskye

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#5  Edited By Jadeskye

i don't think anyone would take the big corporation's side, especially when it's run by kotick.

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weltal

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#6  Edited By weltal

Both sides seem to have shadey shit going on and there's so little information out there I can't really make a value judegment at this point. 
 
Still happy to see them starting a new studio with EA, though.

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FreakAche

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#7  Edited By FreakAche

I don't really know. I kind of like what they've done with the COD franchise from its inception, so maybe I'll go with West and Zampella. Has anyone seen this story yet?
 
Apparently they've now started their own studio called Respawn Entertainment and have teamed up with EA.

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FireSketch

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#8  Edited By FireSketch

Right now, they're both in the wrong. I'm totally siding with W&Z, 'cause, as far as I'm concerned, they're the only ones with a valid claim. Activision owes them a hell-load o' money.
 
Also, there's no way Activision is going to get a single vote here. I'm calling it!
 
Edit: holy crap, somebody's on Activision's side?? Surely it must be a mistake!

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iam3green

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#9  Edited By iam3green

i need some information on this. 
 
these two guys got fired from infinity ward. like the story of security guys being at the office. taking two guys. so the two guys are suing/ claiming lawsuit for money that they owe? if so then west & zampella should get money.

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AndrewB

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#10  Edited By AndrewB

The side that is rightfully owed money for the game with their name on it that sold insane numbers. Regardless of "insubordination," they should be paid what they were supposed to be paid for the work they did. Activision's greed already knew no bounds before this incident. I'd need more concrete evidence to make a full judgment call, though.
 
The fact that others are willing to leave the company doesn't bode well for Activision's character either. Unfortunately, that doesn't matter, since this is all about contracts and legalities.

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Jimbo

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#11  Edited By Jimbo
@iam3green said:
" i need some information on this.   these two guys got fired from infinity ward. like the story of security guys being at the office. taking two guys. so the two guys are suing/ claiming lawsuit for money that they owe? if so then west & zampella should get money. "
I updated the first post.
 
In short:  
 
  • W&Z say that Acti fired them so they didn't have to pay them $36m they were owed in bonuses from MW2. 
  • Activision say that W&Z were actively trying to start a new studio whilst they were still employed by Activision, and further, that W&Z actively prevented Activision from paying bonuses to Infinity Ward employees, in order to make those employees unhappy with Activision and therefore easier for W&Z to poach for their new studio.
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swamplord666

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#12  Edited By swamplord666

I just want a group of black guys taunting the losing party about the aftermath in an excited manner.

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vaiz

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#13  Edited By vaiz
@swamplord666 said:

" I just want a group of black guys taunting the losing party about the aftermath in an excited manner. "

DAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAMN
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swamplord666

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#14  Edited By swamplord666
@punkxblaze said:
" @swamplord666 said:

" I just want a group of black guys taunting the losing party about the aftermath in an excited manner. "

DAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAMN "
BOOOM! YOU GOT OWNED MUTHA FUCKA! GUY'S GONNA NEED THERAPY AFTER THAT SHIT!
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zyn

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#15  Edited By zyn

 West & Zampella.  Fuck Activision.

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vaiz

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#16  Edited By vaiz
@swamplord666 said:
" @punkxblaze said:
" @swamplord666 said:

" I just want a group of black guys taunting the losing party about the aftermath in an excited manner. "

DAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAMN "
BOOOM! YOU GOT OWNED MUTHA FUCKA! GUY'S GONNA NEED THERAPY AFTER THAT SHIT! "
Activision can't... what do the kids on the street call it these days? 'Step to this shit'.
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RogueBomber12

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#17  Edited By RogueBomber12

Even if they acted in breach of their contract they were still put in a position by activision higher ups to even think about talking to other publishers. So i wish the best for West/zempella.
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ButtonsMcBoomBoom

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I'm with Activision.
 
I seriously doubt $30 odd million would matter enough for activision for that to be the only reason, maybe for the timing but not the reason. I could see them being upset that activision was pimping out the call of duty name like a $5 ho during welfare cheque day.... however they were caught in the professional equivalent of cheating on your spouse. Activision is the hurt wife that wants to make sure the cheating husband gets nothing. West and Zempella should have quit before moving to another company and I hope they get reamed for being this stupid.

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ButtonsMcBoomBoom

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I'm with Activision.
 
I seriously doubt $30 odd million would matter enough for activision for that to be the only reason, maybe for the timing but not the reason. I could see them being upset that activision was pimping out the call of duty name like a $5 ho during welfare cheque day.... however they were caught in the professional equivalent of cheating on your spouse. Activision is the hurt wife that wants to make sure the cheating husband gets nothing. West and Zempella should have quit before moving to another company and I hope they get reamed for being this stupid.

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Phished0ne

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#20  Edited By Phished0ne

eh...every mouthpiece at IW reeks of douchebaggy pretentiousness, and Acti is acting like some cartoony caricature of an evil business.   In the end i am an interested bystander, both sides have cases that can hold a fair amount of water, I really just want to see where it goes.

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ArcBorealis

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#21  Edited By ArcBorealis

Even if Activision has some truth to their claims, it's just too hard for me to listen to them when they're already worse than what EA used to be and is run by that scum Kotick. Not only that, but there really isn't enough information disprove one point or the other. So I can't really vote for Activision or West & Zampella.
 
If this was just two choices between either side, I'd lean more towards West/Zampella. I really wish the best for them, but this mess is gonna need to be resolved. And I hope it doesn't take too long.

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natetodamax

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#22  Edited By natetodamax

I'm not sure which side to believe, but I went with W&Z because signing on with EA is a slap to the face for Activision.

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addictedtopinescent

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Eh, I don't give a fuck 

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zanzibarbreeze

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#24  Edited By zanzibarbreeze

I do not have every single fact of the case and I am very, very sure that there's a ton of information that both sides does not intend to make public for legal reasons. As such I cannot and will not come down on one particular side. I will only say this: Activision is a corporation and it has the right to defend its interests, and we should not immediately come down on the side of West and Zampella simply because they're tiny fish in a big pond.

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fisher81

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#25  Edited By fisher81

I will never side with Activision on anything.

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DukesT3

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#26  Edited By DukesT3

The only way to solve this. A gentlemen's duel. 

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peepeepoopoo696

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#27  Edited By peepeepoopoo696

I'll go with West and Zampella.

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Ferginator4k

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#28  Edited By Ferginator4k

Im honestly all for West and Zampella after seeing the bullshit that Kotick has done in order to make his profit margins.

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ArchScabby

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#29  Edited By ArchScabby

I'm Bobby Kotick's son.  So I choose West and Zampella.

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Dad_Is_A_Zombie

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#30  Edited By Dad_Is_A_Zombie

Greedy millionaire developers that put out an over-hyped glitchfest or a Greedy billion dollar corporation that will put out the next one? Hmmm... I mark this one down under fuck 'em both.

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DCFGS3

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#31  Edited By DCFGS3
@punkxblaze said:
" @swamplord666 said:
" @punkxblaze said:
" @swamplord666 said:

" I just want a group of black guys taunting the losing party about the aftermath in an excited manner. "

DAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAMN "
BOOOM! YOU GOT OWNED MUTHA FUCKA! GUY'S GONNA NEED THERAPY AFTER THAT SHIT! "
Activision can't... what do the kids on the street call it these days? 'Step to this shit'. "
Well then they should step up...TO THE STREETS!!! 
 
 
And then a Disney dance movie will ensue.
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Djeffers03

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#32  Edited By Djeffers03

If kotick is on one side that side is the bad side.

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dystonym

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#33  Edited By dystonym

I'm on Activisions side, clearly. West and that other faggot decided they were going to pull a dickish maneouver and try and steal the Modern Warfare name. I think Activision aren't great guys as they're responsible for the full price of PC games moving up by £10 (All standard new releases were £29.99 until Modern Warfare 2 launched at £39.99, now other new releases are following) but if two people try and steal one of the most profitable gaming names, then damn right they should be sued. 
 
To be fair though, I'm just pissed at Infinity Ward for fucking up the PC version of MW2.

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Jost1

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#34  Edited By Jost1
@Murdouken said:
" I'm on Activisions side, clearly. West and that other faggot decided they were going to pull a dickish maneouver and try and steal the Modern Warfare name. I think Activision aren't great guys as they're responsible for the full price of PC games moving up by £10 (All standard new releases were £29.99 until Modern Warfare 2 launched at £39.99, now other new releases are following) but if two people try and steal one of the most profitable gaming names, then damn right they should be sued.  To be fair though, I'm just pissed at Infinity Ward for fucking up the PC version of MW2. "
Steal something they themselves came up with? Yeah i know how copyright works but is stealing the right word here? Take back what should be theirs, maybe?
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Kyreo

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#35  Edited By Kyreo
@jadeskye said:

" i don't think anyone would take the big corporation's side, especially when it's run by kotick. "

Thanks for typing my thoughts for me Sky.
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AngelKore

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#36  Edited By AngelKore

Well...Activision are complete arseholes...
But then again, West and Zampella are also shady dudes...
I'll just go with West and Zampella, ever since Activision fucked up Guitar Hero I can't look at them the same again.

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Griddler

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#37  Edited By Griddler

D. because Modern Warfare 2 makes me throw my controller on a regular basis.

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applet0n

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#38  Edited By applet0n

I'm not a big fan of Activision, but I really dislike the way that Zampella & West have been acting with IW in general. They just seemed to be really stupid in the way that they treated Activision considering that they were bought out. Really, all the comments they made were just sort of biting the hand that fed them. If they wanted the 'freedom' they so clearly felt they deserved, they shouldn't have accepted Activision's paycheck. Plus it doesn't help that they were in talks with EA before leaving Activision, thats just plain stupidity. The cunts.

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j_drace

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#39  Edited By j_drace

Being a business owner myself I want to take Activision's side, but since this whole thing is a damn mess it's hard to tell.  The only part where Zampella & West fucked up was that they already joined EA after Activision stated them having secret meetings with other companies in there countersuit.  Regardless of what West & Zampella did they and their CoD franchise were a big part of Activision, but then again it's their fault that they were taking it from behind by Activision since they signed that dumbass contract back when the first CoD came out and basically sold their souls.  That's what they get.

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dystonym

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#40  Edited By dystonym
@josty81: I wouldn't say that, sure they thought of it but Activision OWNS it. Without Activision their idea wouldn't have made it as far as it did. On top of that, if they are taking the name they are taking the millions of future dollars that Activision would earn from it.
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citizenkane

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#41  Edited By citizenkane

Right now, West and Zampella.  I don't know all of the information, though.

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JasonDaPsycho

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#42  Edited By JasonDaPsycho

Actually I consider myself to be on Jason and Vince's side not because I believe most of what thery're saying are true
but more of how Activision has lost its credibility over the last few years.

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ProfessorEss

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#43  Edited By ProfessorEss

I don't know any of them personally but they all seem like dicks to me.
 
I really don't care what happens to any of them.

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Jost1

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#44  Edited By Jost1
@ProfessorEss said:
" I don't know any of them personally but they all seem like dicks to me.  I really don't care what happens to any of them. "
It's true, they're all multi-millionaires and they're as far from us as humanly possible so why would we care really?
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EarlySight

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#45  Edited By EarlySight
@josty81 said:
" @ProfessorEss said:
" I don't know any of them personally but they all seem like dicks to me.  I really don't care what happens to any of them. "
It's true, they're all multi-millionaires and they're as far from us as humanly possible so why would we care really? "
Exactly. I voted D for that reason. Activision, West and that obnoxious Zampella can all go bankrupt if you ask me. In fact, I wish all those gazillions of dollars the Modern Warfare series made would be used on original, new intellectual properties.
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Tennmuerti

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#46  Edited By Tennmuerti

I do not like to base my opinions on almost non existent information.
But in this particular case I don't even care.

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mano521

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#47  Edited By mano521

i honestly dont give a fuck about that whole thing. as long as they make good games, i will buy them. doesnt matter where they come from or who makes them

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thecleric

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#48  Edited By thecleric

Can't stand either one of them. IW for leaving out dedicated servers, Activision for being Activision.

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c1337us

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#49  Edited By c1337us

I don't care to be honest.