West/Zampella suit details "inquisition"

By Tom Bramwell Published 5 March, 2010

How they went from MW to unemployment.

The lawsuit filed by Jason West and Vince Zampella against Activision referred to the publisher's "astonishing arrogance and unbridled greed", and claimed that the investigation leading to the duo's dismissal was more of an "inquisition".

The full 16-page filing popped up overnight on IGN and made interesting reading. "This lawsuit is solely and regrettably the result of the astonishing arrogance and unbridled greed of defendant Activision," it began.

After taking credit for "lining Activision's pockets with billions of dollars in revenue", West and Zampella's suit said that the fact they were having to sue for their pay was "not surprising, given that Activision is run by a CEO who has been publicly quoted as believing that the best way to run a videogame studio is to engender a culture of 'skepticism, pessimism, and fear,' and who prefers to pay his lawyers instead of his employees".

It then catalogued events leading up to the two executives' dismissal from their perspective. It sounds like things started to turn sour after the release of Call of Duty 4: Modern Warfare in 2007.

"West and Zampella were not as eager as Activision to jump into the development of Modern Warfare 2. Despite assurances by Activision that West and Zampella would have complete freedom to run Infinity Ward as an independent studio, Activision had begun to intrude upon Infinity Ward's ability to create quality games.

"For example, Activision forced Infinity Ward's employees to continue producing the games at a breakneck pace under aggressive schedules, and West and Zampella were concerned that Activision was emphasising quantity over quality.

"Given Activision's insistence that Infinity Ward continue to focus on sequels to Call of Duty games instead of new intellectual property, West and Zampella were also concerned that Activision's demands risked 'burning out' the Infinity Ward employees' creativity. Nurturing a creative environment had been one of the cornerstones of Infinity Ward's success.

"West and Zampella were not eager to extend their employment; especially as they watched their games receive countless awards and make Activision billions of dollars, while many Infinity Ward employees were not being provided a fair share."

The lawsuit then referred to a Memorandum of Understanding signed by Activision Publishing boss Mike Griffith at the end of March 2008, which would give West and Zampella "creative authority over the development of any games under the Modern Warfare brand (or any Call of Duty game set in the post-Vietnam era, the near future or distant future) including complete control over the Infinity Ward studio".

"The MOU explicitly provides that no such game can be commercially released without the written consent of West and Zampella."

After the release of Modern Warfare 2, West and Zampella asserted that Activision set up an investigation to "manufacture a basis to fire West and Zampella" and avoid having to pay them millions in royalties. (Bloomberg reported that the duo are seeking $36 million.)

When they inquired about the investigation, the lawsuit alleged that they were told in "Orwellian fashion that West and Zampella 'already have a clear understanding of what they have or have not done'". Apparently any lack of co-operation would have been deemed "insubordination" and sufficient for dismissal anyway.

During the investigation, West and Zampella "were interrogated for over six hours in a windowless conference room", while investigators also "brought other Infinity Ward employees to tears in their questioning", the lawsuit alleged.

Once it was all over, apparently "Activision offered West and Zampella less than six hours to respond" to the investigation's findings. "It was also futile because Activision had already made up its mind. In fact, Activision had already included in its SEC Form 10-K Annual Report a disclosure to that effect."

Earlier today it was reported that Activision's response to the lawsuit included allegations that West and Zampella were in contact with rival Electronic Arts. Activision has described the lawsuit as "meritless".

Picture of Tom.

About Tom Bramwell

Tom is Operations director of Eurogamer Network and Editor-at-Large of Eurogamer.net. He joined the company in February 2000. Follow him on Twitter.

Read more articles from Tom by visiting the Tom Bramwell archive page.

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Comments (40) Latest comment 2 years ago

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

  • Eraysor #1 2 years ago

    I wish Activision was Spanish.
    Edited by Eraysor at 05/03/10 @ 09:14

  • MENTAL1ST Verified Senior Software Engineer, Picsel UK Ltd. #2 2 years ago

    "astonishing arrogance and unbridled greed "

    That's going to be a difficult accusation for activision to counter, they seem to be quite proud of their arrogance and greed.

  • sanctusmortis #3 2 years ago

    I just hope it wipes the smug grin off Kotick's face.

  • JahB #4 2 years ago

    I just hope a speeding bus wipes the smug grin off Kotick's face.

  • felastica #5 2 years ago

    A successfull small studio gets bought by a publishing behemoth which derives its succes from spamming franchise sequels ad infinitum and the small studio's employee's find their working lives and conditions change cataclysmically and it all ends in tears - who could have predicted such a thing would happen?

  • space_ace #6 2 years ago

    no one expect the activision inquisition

  • FogHeart #7 2 years ago

    "Are you excited about Modern Warfare 2 on PC/PlayStation 3/Xbox 360?"

    Not until now!

  • HermitArcader #8 2 years ago

    Post deleted at 09:17:39 22-12-2011

  • NewbieZilla #9 2 years ago

    Momentarily, I thought, I'd like to see Activision bankrupted over this (not that such a thing would happen, obviously) but then logic kicked in. I think I'd probably be happy just seeing Bobby Kotick hang from the gallows.

  • tancredo #10 2 years ago

    MS, sign them up and give them their own studio.

    Similar to Lionhead

  • M4RV #11 2 years ago

    @Ace Grace:

    It's difficult enough nowadays for independent developers to actually get adequate funding, let alone be picky about the publishers that come forward with it. In 2003, Activision was hardly the beast that it is nowadays.

  • nakedlunch #12 2 years ago

    Arrogance and greed were instrumental in the major banking failures which led to their necessary nationalisation. Why not just nationalise activision? I for one would love to see a state owned games publisher!

  • sesskie #13 2 years ago

    These guys should take te MW franchise to EA as the ultimate fuckyou to Activision. Kotick can kiss his plans of a multi billion CoD franchise goodbye. I hope key people from IW start abandoning ship at Activision. Its about time someone showed these corporations you cant treat people like shit and get away with it.

  • loopy #14 2 years ago

    @Ace Grace

    Cheers for the book link man, looks like a pretty damn good read. I will have to get myself a copy now. :)

  • Mooglepies #15 2 years ago

    No! Not the soft cushions and the comfy chair!

    Success against actiision is going to depend entirely on whether these 2 gents broke the terms of their contract at any time. I wish them luck.

  • sneetch #16 2 years ago

    @Mooglepies
    Success against actiision is going to depend entirely on whether these 2 gents broke the terms of their contract at any time. I wish them luck.

    And also whether Activision broke the terms of their contracts too. Lets not forget this is a two-way thing.

  • Powerslave #17 2 years ago

    @Ace Grace

    thank you for the book link, just ordered it.... sounds like it sums up most of the companies/workplaces today.

  • Kremlik Verified Co-Founder, Crash To Desktop #18 2 years ago

    "I'd like to see Activision bankrupted over this"

    Most certainly would but with Blizzard chained up in the back like a sweatshop, Activision can just 'disside' to say to Blizzard 'make another cheap expantion twice a year' and basically their set up for at least another 5 years - well the 'WoW is obserlate' comment a few days ago proves that Activision want to 'replace' it soon dispite it being an MMO and perfectly capable of updating the software however that costs money and we KNOW they don't like to share.

    Like IW every compainy under Activision is doomed to copy and paste the same ideas over and over yearly until they're blead dry and dumped, if you stand up to them you get 'lawered' to death with BS or if you do get dumped by Activsion and end up a success (or close to one) they STILL have their hand out asking for their cut or try to stop you from getting anywhere. Activision's sole goal now seems to bleed the indrustry dry and just walk away the 'winners', sounds like an 'elitest' from WoW in ICC, they don't give two hoots about the industry anymore only the money they can make.

    The only people that can 'kill' Activision are Vivaldi, I'm hoping that Activision have coursed THAT much bad PR, they'll step in and split the companies again and/or dissolve Activision into a different company
    Edited by Kremlik at 05/03/10 @ 11:05

  • Earlyflash #19 2 years ago

    What's vivaldi got to do with this? Four Seasons? did you mean Vivendi?

    Kill them with classic music - take that Kotik. Oh christ, maybe it's Classical Hero?
    Edited by Earlyflash at 05/03/10 @ 11:10

  • Vlad27145 #20 2 years ago

    "During the investigation, West and Zampella "were interrogated for over six hours in a windowless conference room", while investigators also "brought other Infinity Ward employees to tears in their questioning", the lawsuit alleged. "

    Yeah, well... If this is true I thinh it pretty much sums up everything.I just wish there were enough people informed enough (and that give a fuck) to boycott Activision. This situation is NOT acceptable, I simply couldn't force myself to give money to a fucking terror group like Activision seems to have become.

  • actionfitz #21 2 years ago

    ""not surprising, given that Activision is run by a CEO who has been publicly quoted as believing that the best way to run a videogame studio is to engender a culture of 'skepticism, pessimism, and fear,' and who prefers to pay his lawyers instead of his employees"."

    This.

  • AphoticCosmos #22 2 years ago

    I hope Activision burns for this, I really do.

    And I hope IW just gets the fuck out of Activision, taking it's share of the IP rights with it.

  • pauleyc #23 2 years ago

    One man's "astonishing arrogance and unbridled greed" is another man's (a shareholder's?) "assertiveness and business acumen".

    Even from a corporate perspective Activision's actions do not make much sense although there's probably much more to this than was made public so far. It'll definitely be interesting to see how this case will be settled.

  • metalmike25 #24 2 years ago

    When you slow dance with the devil don't be surpised when he wants to fuck you
    Edited by metalmike25 at 05/03/10 @ 12:07

  • Spekingur #25 2 years ago

    It also depends on weither Activision somehow 'changed' their contract without them really knowing. As it says in the article it seems that Activision were determined to get rid of West and Zampella whatever they did - seems to have been so since CoD4:MW.

    I would also like to point out that Activision does not control Blizzard - but seem to get money from Blizzard's success (as in Activision Blizzard gets money which the siphons towards Activision itself.

  • Drpwnage #26 2 years ago

    "I would also like to point out that Activision does not control Blizzard - but seem to get money from Blizzard's success (as in Activision Blizzard gets money which the siphons towards Activision itself."

    Off topic but meh, Activision Inc and Blizzard Entertainment Inc are both subsidiaries of Activision Blizzard Inc (parent company). There are many complex reasons for retaining a merged / acquired companies status as a wholly owned, separate subsidary. And yes it does mean that on paper Mike Morihaime reports into the President and CEO of Activision Blizzard Inc.

  • Vlad27145 #27 2 years ago

    @metalmike25

    If IT is anything like the devil chick in Bedazzled, I wouldn't mind.

  • schnide #28 2 years ago

    That MOU seems pretty binding to me, and may help to explain why COD5 is set in WWII.

    Go West/Zampella!

  • CosmicGypsy #29 2 years ago

    Does anybody care?

    Everyone involved in this would appear to be out for themselves. If these guys were serious about having some creative freedom, why talk to EA? It's a bit like the whole Southpark Giant Douche/Turd Sandwich scenario if you ask me (which I am pretty sure you didn't).

    These guys have enough money & industry experience to go out on their own, so I have zero sympathy for them. They broke their contract by talking to other publisher to secure funding rather than having the balls to take a risk and set-up their own studio.

    The COD series is on its last elbows anyway. Move along, nothing to see here.
    Edited by CosmicGypsy at 05/03/10 @ 14:45

  • Shikasama #30 2 years ago

    CosmicGypsy - Contrary opinions to the majority are not welcome on this site. Begone before you're burned for witchcraft.

  • 00.00.01 #31 2 years ago

    ^^ "Does anybody care?"
    .
    Meh...Since these two got booted, just a few days ago!!, there's been about 6 topics (on EG) which raked in a good 1000+ written reactions altogether. Never mind the amount of 'viewers'. So yeah, I'd say a lot of people care / are interested.
    As for 'talks to EA' (if true) I can understand. EA just launched the one game that will topple the so-called-uberhyped MW2 JOTY® (Joke Of The Year) so for them to 'join' EA as a newly formed studio. Thinking the combined forces of EA's DICE and ex-IW employees can make a hell of a market-dominating game.
    It's a ancient strategy but works so well: "The enemy of my enemy is my friend."

  • Artemus #32 2 years ago

    I have this vision of Bobby Kotick surrounded by his lawyers Mr Burns style.

  • TeaFiend #33 2 years ago

    What were the conditions on the contracts? So far the majority of people are viewing this as David and Goliath type stuff, but what were the rules that IW actually had to abide by and were they broken?

  • CosmicGypsy #34 2 years ago

    My point (obtuse as it may have been), was that until the facts of this situation are out, nobody can have an informed opinion on this (as TeaFiend indicates)

    So all these thousands of posts are just uninformed opinion.

    If I wanted the uninformed opinions of morons, I'd watch Jeremy Kyle :)

    @Shikasama - actual coffee spurting LOL, right in the middle of the office - Thanks for that ;)

  • geeza2020 #35 2 years ago

    I have this vision of Bobby Kotick burning at the stake...

  • kaya08 #36 2 years ago

    I was given MW2 for christmas (at the time i was oh like oh thank you, I really wish you didn't buy me that, not that I said that obviously)
    Now I want to sell it even more than before but I cant.
    Hmm, maybe i can "lose" it.

  • ignatiusjreilly #37 2 years ago

    If you truly don't want it anymore and want to send a message, you should wrap it and send it to Activision head office, with a (polite!) note informing them why you no longer want the game on your shelf.

  • kaya08 #38 2 years ago

    I really don't care that Activision know why I don't want it. Just trading it in would be better for that - lose them a sale.
    Its because it was a present. And Y'know you can't really sell a present.

    I never did want it.

  • Diabeu #39 2 years ago

    Kotick is a dick, Bobby Kodick, greedy mo-fo

  • Lamb #40 2 years ago

    So having read the suit details, everything hinges on the Memorandum of Understanding and how air-tight it is. The rest is just cat and mouse and Activision may be indifferent as to whatever its compelled to pay them as long as West/Zampella are out of the picture.
    Edited by Lamb at 07/03/10 @ 14:50