West/Zampella lawsuit to go to trial

By Fred Dutton Published 17 June, 2011

Judge rules Acti must answer fraud charges.

Modern Warfare creators Jason West and Vincent Zampella's case against Activision will now likely go to trial, following a ruling in the pair's favour this week.

As disclosed by The Hollywood Reporter, a Los Angeles Superior Court judge has deemed that there is sufficient evidence to support allegations that Activision defrauded the Infinity Ward co-founders.

West and Zampella filed suit back in March last year, soon after they were sacked by the publisher, claiming wrongful termination and $125 million in missing royalties.

Activision duly launched its own countersuit, insisting the duo were "insubordinate and self-serving schemers who attempted to hijack Activision's assets for their own personal gain."

It then later pulled West and Zampella's new backers EA into the fray, demanding $400 million in damages for attempting to poach the pair while they were still under contract.

Providing out-of-court settlements aren't reached, both cases should finally go to trial in either late 2011 or early 2012. Popcorn at the ready.

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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 (32) Latest comment 11 months ago

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

  • Watkins #1 11 months ago

    Ruh Roh

  • gjgjg #2 11 months ago

    "...will now likely go..." that's the fourth time I've seen this US English grammar style used EUROgamer!!!! :p
    http://www.youtube.com/watch?v=S5BMQ-xpTog

  • dsmx #3 11 months ago

    Can't wait for this, it will probably end up with activision settling out of court but I would dearly love for this to go to court.

  • dirtysteve #4 11 months ago

    This will get very, very dirty. I assume both sides have already hired muck-rakers.

  • Shikasama #5 11 months ago

    Isn't this just the summary judgement stage? All that does is decide whether or not there is a case to go to trial for. It means nothing in regards to fault/award/liability.

    Just for those that don't read the article, Activision have already passed their summary judgement for their counter claim.

  • LazyNinjaUk #6 11 months ago

    How ironic would it be if West and Zampella won the case, and were awarded compensation exactly equal to the amount of profit MW3 is likely to make after release. Thus causing Activision massive losses, that will serve them right for cancelling True Crime and closing Bizarre Creations, the fuckers.

    Not going to happen, but one can always hope.

  • darkmorgado #7 11 months ago

    Sufficient evidence supporting allegations of fraud, eh?

    Bet Kotick is shitting his pants.

  • inutaihanyou #8 11 months ago

    I hope west and Zampella win. Yes, they're rich SOBs. But at the very least they seem to care about developer freedom. Which is presumably the reason for this entire kerfuffle.

  • Xardan #9 11 months ago

    Wow it has taken all this time and only now things are starting?!

  • Subdominator #10 11 months ago

    We all know how stuff like this ends in the US. Acti will pay 5 million bucks to Respawn, Respawn won't pursue any rights they might have had on Modern Warfare as an IP, everybody is happy. In the end Kotick is everything but he is no idiot. And even the possibility of Acti actually losing a trial and having to pay half a billion dollar to Respawn for unlawfully using the name Modern Warfare is enough to keep him from actually going through the courts. These trials between companies in the US are not about who is right, they are about who has the best case and scares the other one more.

  • RobTheBuilder #11 11 months ago

    Sigh... the case will drag and Activision will have time to release Modern Warfare 3 by which time most people will have no idea what happened nor care about any new game the pair make.

    Shame.

  • stuarty_2003 #12 11 months ago

    Just spotted the Zavvi 'offer' of Modern Warfare 1 for £39.99. Activision having a laugh?

  • JudasBlitzkrieg #13 11 months ago

    Comfy sofa, check. Beers, check. Popcorn, check. Piss bottle, check.

    Crack on now lads, make it a good one

  • riceNpea #14 11 months ago

    i hope to see this on an episode of Judge Judy. I just love her. She'd expose Kotick for the twat he is.

  • albinac #15 11 months ago

    I hope that west and zam- really give it to the money grabbing who,s.

  • Kremlik Verified Co-Founder, Crash To Desktop #16 11 months ago

    Don't worry guys: Acti will just dip into their unlimited money pit called Blizzard if they need the lawyers or lose.

    Sometimes I think Bobby wouldn't dare try to get away with most %^&$ he pulls if it wasn't for Blizzard raking it in.

  • nuanimal #17 11 months ago

    Jut when you thought you'd heard the last of it....

  • a8a #18 11 months ago

    Bet it get's settled out of court.
    Edited by a8a at 18/06/11 @ 00:30

  • coolbritannia #19 11 months ago

    I hope they rape Activision into the ground.

  • TheGuvernor #20 11 months ago

    West & Zampella were more than happy to betray their loyal PC fan base with MW2.
    After we gave them their original success.
    So fuck them & Activision too.
    All the money wasted on this shameful debacle should go to veterans of the REAL war.
    Edited by TheGuvernor at 18/06/11 @ 02:05

  • Collymilad #21 11 months ago

    HAHA.

    I hope you get fucked in the ass Activision.

  • overcorpse #22 11 months ago

    WHWAHWAHWAH they took our PC game and brought it to the mass market.Fuck you world.

    PC gamers are the biggest cry babies in the world of gaming.

  • Machiavellian #23 11 months ago

    I put West and Zam right their with kotick. None are worth championing. Greed has gotten them to this point and this probably will get settled. Since the countersuit by Activision also got a pass, I am sure there will be enough dirt to go around that both sides will just take this matter outside of the court. I have no love lost for either side. Maybe West and Zam should have taken a page out of Bungie book. Do not try to take the billion dollar franchise from your publisher. Instead, let them have it, cut your ties and build yourself a better billion dollar franchise.

  • Inmediasress #24 11 months ago

    @overcorpse

    Yeah and console fantards always say something stupid when they open their mouths.

  • Inmediasress #25 11 months ago

    Ah corporate greed how wonderful. Always warms the heart.
    They should sentence both EA and Acti to donate money to some needy people for example mee.

  • 00.00.01 #26 11 months ago

    This trial is going to be the only time Acti is getting my attention. Regardless of what the outcome is going to be.
    And I would not be surprised if Bobby K is already investigating how to gain some sort of revenue from people that are interested in this case.

  • TheGuvernor #27 11 months ago

    "WHWAHWAHWAH they took our PC game and brought it to the mass market.Fuck you world.
    PC gamers are the biggest cry babies in the world of gaming."

    Actually, I have no issues with cross platform development - a great game is a great game. Period.
    We just didn't accept shite, lazy, shoddy peer to peer matchmaking that IW forced on us.
    Which is why Treyarch put dedicated servers back in BLOPS - a good thing for you console peeps too.

    U idiot.

  • urban #28 11 months ago

    woohoo! Actiblizz will settle but oh my lord. If this went to trial it would be amazing.

  • BlinkeredAxis #29 11 months ago

    This happened because of a (mainly US) corporate rule that means that any individual workers who are TOO essential should be fired, as they undermine your power and authority.

    I've seen this happen in real-life, and would love to see EA get royally shafted. This wasn't about computer games, but boardroom dogma. The whole world needs to fight this self-serving Ayn Rand fan profiteer culture. Go Go W/Z team!

  • cheeky_BILLY #30 11 months ago

    Hope Acti. go fucking bankrupt.piece of shit company.

  • shadowdogg #31 11 months ago

    Activision CEO guy on the chair, I would take that over money any day.

  • acmilan1899 #32 11 months ago

    Lets hope this bankrupts Activision!!! The company used to make shit games back in the day and got lucky with a few flukey releases which turned it into a greedy goliath. Go West/Zampella kick some ass!!