EA email implies Zampella sabotaged COD

By Fred Dutton Published 20 January, 2011

It was "a joke", insists EA.

Former Infinity Ward boss Vince Zampella deliberately conspired against his then-employer Activision by holding back the release of a Modern Warfare 2 map pack until after the release of EA's Battlefield: Bad Company 2, court documents made public today suggest.

An internal email regarding Modern Warfare 2's Stimulus Pack written by EA executive Lincoln Hershberger and included in a court filing by Activision reads:

"A couple months ago, I asked Vince to hold back their map pack until after we launched (he owes me one). Given that they've already made a billion, he was cool with that, obviously (Activision CEO) Kotick took it as being belligerent."

EA spokesman Jeff Brown has since told Kotaku that the email was written in jest.

"This was obviously sarcasm. It's clear from the email this was a joke and they never spoke. We explained this to lawyers at Activision – who apparently don't have much of a sense of humor."

The email had previously been redacted by the court along with a sentence that read "Activision is informed and believes that to protect its weaker BFBC series, EA secretly schemed with West and Zampella to bolster sales of BFBC at the expense of Call of Duty."

The redaction was lifted this week after the court ceded to Activision's request last month to add EA to its legal action against West and Zampella. It's asking for $400 million, claiming EA attempted to lure the pair away while they were still under contract to the Call of Duty publisher.

Other newly un-redacted statements in the filing detail alleged discussions held at EA about hiring the pair. One excerpt reads: "In the second week of November 2009, an EA executive informed Brown that he was meeting 'to discuss deal structures' and would 'get with' Brown later in the week.

"That same week, Blackley advised Riccitiello: 'We need to talk about our two friends down here - all is good but its time for a more aggressive approach.'"

Zampella and West were sacked by Activision in March, with their former bosses at the publisher alleging they were "insubordinate and self-serving schemers who attempted to hijack Activision's assets for their own personal gain."

The pair then launched a legal action, claiming Activision had withheld royalties owed to them for their work on the Call of Duty franchise.

In April, EA announced it had signed a multi-game deal with Zampella and West's new outfit, Respawn Entertainment.

Picture of Fred.

About Fred Dutton

Fred Dutton is Eurogamer's US news editor, based in Washington DC.

Read more articles from Fred by visiting the Fred Dutton archive page.

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Comments (47) Latest comment 1 year ago

Comments for this article are now closed, but please feel free to continue chatting on the forum!

  • finexi #1 1 year ago

    I would't be surprised.

  • Tiresias #2 1 year ago

    I think that does actually sound a joke

  • AbracadaverAK #3 1 year ago

    The more information gets revealed, the more these guys are looking like "self-serving schemers".

  • darkmorgado #4 1 year ago

    Yeah, they were so terrible for being bored of developing-by-numbers on a franchise that they invented but which Activision turned into slave labour.

    Fuck off Kotick, and take your over-sequelised pile of bullshit with you. Maybe there's another PA out there you can sexually harass.

  • Lusterpurge #5 1 year ago

    That email was obviously planted there! Yeah. And, uhh, Kotick is a cunt; Hitler; capitalism; Soviet military regime; etc... I was beginning to panic there, but my trusty comments thread buzzwords helped me stay cool.

  • Xephon1970 #6 1 year ago

    Lawers at Activision have no sense of humour.

    What did you expect from Stormtroopers on the good ship Death Star?

    Activision are more and more looking like petulant children, wanting retribution for something they lost control over a long time ago. You have your multi-million dollar yearly franchise, let it go! Treat it with the same care you showed Guitar Hero and it'll be fine...

  • AbracadaverAK #7 1 year ago

    @darkmorgado So? I'm bored of my job, but that doesn't make it ok to do it badly on purpose while manufacturing my exit to a rival company.

    They just come across as spoilt little brats.

  • Brev2034 #8 1 year ago

    I hope they did write that email in seriousness just to fuck activision over

  • MojoDex #9 1 year ago

    sabotaging cod. good for them activision are cunts!

  • des #10 1 year ago

    Yeah sure it was...
    EA is shit,just like it always was

  • arcam #11 1 year ago

    Is there any way all parties can lose this case? Would be the most fitting outcome.

  • X3Entente #12 1 year ago

    how did activision get hold of these emails in the first place without a little (illegal) corporate espionage. inadmissable much
    /e-lawyer

  • Dafridge #13 1 year ago

    Bored of reading about games people. I want to hear more about games not games companies filing suits against each other

  • des #14 1 year ago

    "how did activision get hold of these emails in the first place without a little (illegal) corporate espionage. inadmissable much
    /e-lawyer "

    Law forced EA to give emails.

  • polaris70 #15 1 year ago

    Oops, caught red-handed ha. The thing is, they didn't need to sabotage COD, BFBC2 is by far the better game anyway - online at least. Never played the single player.

  • OllyJ #16 1 year ago

    It's a great joke, I think I'm going to tell it my mates when I go out next, they'll be rolling around on the floor pissing themselves laughing out loud!
    Edited by OllyJ at 20/01/11 @ 22:50

  • sanctusmortis #17 1 year ago

    That's why Acti added EA to proceedings? Because they can't take a fucking joke?

    Oh, Bobby. Bobby Bobby Bobby.

  • X3Entente #18 1 year ago

    cant ea just delete fucking everything

  • aphex187 #19 1 year ago

    Isn't it about time we as gamers came together and once and for all f**** this pathetic, greedy company off for good?

  • Brev2034 #20 1 year ago

    Anything that ficks activision over is all good in my book good on them hope the email was for real

  • Brev2034 #21 1 year ago

    @aphex187 I'm with u on that but there are just too many sheep who just follow activision cos they make cod

  • gjgjg #22 1 year ago

    uh oh, joke or not could be enough to get them in trouble. delete people delete!

    @ x3entente
    they probably used IW emails (ie acti emails)

  • lockload #23 1 year ago

    Joke or not they write it in an email so it cannot be proved to be a joke, it is now evidence

  • jackdoe #24 1 year ago

    It reads like a joke. But if Activision lawyers don't let a World of Starcraft mod fly, then they sure as hell don't have a sense of humor.

  • Machiavellian #25 1 year ago

    @aphex187 I'm with u on that but there are just too many sheep who just follow activision cos they make cod

    Yeah because EA has been the model publisher. The facts are why would anyone champion any of these companies. Just because Activision is the new devil doesn't mean the old devil lost any of his evil ways. Neither West or Zam have showed in their career that they are not against shafting a publisher for the money.

    There are no champion or heros here, this is about money and what people will do to get it or protect it. In the end, who really cares. None of the parties are worth the time to champion in this case and instead it's just an interesting case of greed on all fronts.

  • Vortextk #26 1 year ago

    The Call of duty series has made over 2billion dollars at retail just in the last two games, not counting the other 5(or more!) or map packs. LET IT GO ACTIVISION YOU PRICKS!

  • cjs #27 1 year ago

    X3Entente: Activision got hold of the e-mail messages though a process called "discovery," where in the process of a civil suit against EA they can require EA to give them internal documents relating to the case, including e-mail messages. (EA gets to do the same to Activision, of course.)

    And no, once the request for discovery has gone in, EA cannot destroy relevant documents or delete relevant messages. That's contempt of court, and can get you thrown in gaol.

  • DRUNK3N-_-DRAGON #28 1 year ago

    Who gives a flying F**K about this anymore...

  • Shikasama #29 1 year ago

    GENERIC HATE ACTIVISION COMMENT!

    GENERIC LOVE EA COMMENT!

    FAIL TO SEE THE IRONY COMMENT!

  • Spekingur #30 1 year ago

    I'm waiting for the time when gamers will completely boycott Activision products. Sadly this won't ever happen due to Blizzard. Not until Blizzard become their own entity again without having to drag Activision along with them.

    Also, I don't think that the people that would be playing COD would actually go play BFBC. Even if both games are shooters it doesn't mean that both games provide the same experience (especially in multiplayer). The diffirences are abundant. Activision does not seem to realise, don't care or have no idea how gamers think (or how games work). This is what happens when you put businessmen and lawyers in control rather than gamers, programmers and those who actually love games.

  • des #31 1 year ago

    "This is what happens when you put businessmen and lawyers in control rather than gamers, programmers and those who actually love games."
    Yeah,I'm sure that your favorite games are made by "people that love games,angels",for free...

    COD haters are funny,just keep the good fight,keep waiting

  • Spekingur #32 1 year ago

    I don't hate COD :/
    I dislike the entity that Activision has become.

    FYI, Super Meat Boy and Minecraft are a couple of my favourite games. Indie games. Made by people who love games. Jump to conclusions more, please.

  • butler` #33 1 year ago

    "We explained this to lawyers at Activision – who apparently don't have much of a sense of humor."

    Isn't that just the most quoteable line in gaming right now?

  • Murton #34 1 year ago

    This story is still going I see.

    If these emails do exist it looks bad for EA and attempting to downplay them as a joke isn't going to work. EA's best bet to is hold their hands up and admit to trying to headhunt who they regard as "key talent" but deny the allegations of sabotaging COD. Headhunting from your rivals isn't illegal, industrial espionage/sabotage however is, EA should stick to the facts of the case and not get caught up in trying to make a show of it as Activision has done.

    Also "weaker" BFBC series? commercially maybe, but critically we (gamers, not so-called reviewers/critics) all know which is the stronger game.

  • obihobson #35 1 year ago

    my 2 pence worth is as follows......

    I have not yet played Black ops and its nothing to do with the evil activision its becasue COD games get boring online after about 5 hours of been AC130'd to death. Be honest with yourself if activision brought a 10 out of 10 game out next week you would all go and buy it. Even if avtivision killed a million puppies during the games production!!!
    Until then though, Activision suck balls BFBC rulez!! yeah baby..........
    Edited by obihobson at 21/01/11 @ 10:17

  • DiamondIce #36 1 year ago

    @darkmorgado

    I will wait for their release before I pass judgement on whether they were bored of by-the-numbers games.

  • Xboxfanuk #37 1 year ago

    To be honest I am with Bobby Kotick on this one. I think if these guys were looking to go to EA and bail on their employer I don't think in any other industry we would be supporting these guys.

  • local_celebrity #38 1 year ago

    I didn't read it as a joke. The final reference to "Kotick being belligerent" is just too realistic. We'd have to see the wider context - i.e. the rest of the email - to see if it was all a big wheeze.

    Did it end with a treble exclamation mark or an emoticon?

  • PlugMonkey #39 1 year ago

    That's it? That's their evidence? An internal email in which someone makes an outlandish claim, with no actual proof as to whether it happened? That's their smoking gun?

    When GT5 got delayed again, I emailed someone I know at Criterion saying I had personally had a word with Kaz Yamauchi (he owes me a favour, you see) to get it shoved back to clear Need For Speed's launch date for them.

    Yes. That's right. You heard it here first. I am personally responsible for sabotaging Gran Turismo 5. Bring on the lawyers, Sony! Bring them on!

  • inutaihanyou #40 1 year ago

    but kotick IS belligerent :/

    It seems to me that Acti is just looking for any reason it can use to add EA to the suit so they can ask for 400 million 'in damages'.

    Sounds like the work of a corrupt business model to me.

  • sneetch #41 1 year ago

    @local_celebrity
    I didn't read it as a joke. The final reference to "Kotick being belligerent" is just too realistic. We'd have to see the wider context - i.e. the rest of the email - to see if it was all a big wheeze.

    Did it end with a treble exclamation mark or an emoticon?

    Yeah, realistically you have to see not only the entire mail but the entire thread (it was a response to a mail with a subject of "The Fall of IW?";) and other sample email threads they had. Did they joke often in these? Hell if you take some of my work emails and responses in isolation I look like a "disloyal" employee too. I normally use the ol' ;) emoticon though.

    This is not proof of anything in itself.

  • kangarootoo #42 1 year ago

    I could not find these endless identikit stories about rich people fighting over money to be ANY MORE BORING than I already do.

  • dwalker109 #43 1 year ago

    I don't get the West/Zampella hate. Doing your job badly while looking for a way out is absolutely above board, ethically at least. And as long as you call it "working to rule", it is basically within the terms of your contract too.

    Let's not discuss anything that individual people do in the same breath as corporate behaviour - bad corporate behaviour is backed up by (RETAINED AND WELL PAID) lawyers - that's the only difference.
    Edited by dwalker109 at 21/01/11 @ 13:49

  • Feanor #44 1 year ago

    "I could not find these endless identikit stories about rich people fighting over money to be ANY MORE BORING than I already do."

    They're far more interesting than anything you've ever posted on Eurogamer.

  • PlugMonkey #45 1 year ago

    @Pomphrey

    As salient a point as I've seen made on the subject. I bet Bizarre Creations weren't losing as much money as this utterly pointless legal dispute is costing.

  • thedgam #46 1 year ago

    FUCK THE CORPORATE WORLD!

  • raduciu #47 1 year ago

    "EA is friendly with two of my employees. Those two employees start acting weird and royalties i send to their team get embezzled causing general dissatisfaction, products get delayed they start making competition to some other products of mine.
    I fire the guys and they start making weaves, i lose all the team they were leading.
    EA hires the guys and the rest of the team. I figure something is amiss and find out EA was communicating with the guys while i was paying them and my employees did EA my direct competitor "favors" that costed or prevented me from making cash."

    Now somehow a big part of the readers here blame Activision. How come guys? We are having a trial because it is to be determined if there is a case here, in Acti's shoes i would at least want to determine as much. They already got acces to this email because of the trial.
    Edited by raduciu at 24/01/11 @ 14:18