‘Call of Duty’ developers sue game publisher Activision

0

LOS ANGELES
— “Call of Duty: Modern Warfare” has led to legal warfare at
Activision.

Jason West and Vince Zampella, who
were fired Monday from the top two spots at “Call of Duty: Modern
Warfare” development studio Infinity Ward, have filed a $36
million
lawsuit against publisher Activision Blizzard, Inc. alleging
wrongful termination and breach of contract.

The complaint, filed in California Superior Court in Los Angeles on
Wednesday, alleges that Santa Monica, Calif-based Activision
fired the executives in order to avoid paying them royalties on military
shooter “Modern Warfare 2,” which was released in November and has
generated more than $1 billion in retail sales.

“Activision has adopted the corporate strategy of
forcing Mssrs. West and Zampella to sue for their pay,” the complaint
alleges, “in the hopes of either getting away with not having to pay
them anything or maximizing its leverage to reduce that pay.”

Activision released a statement calling the lawsuit
“meritless” and claiming that the pair did not “honor their obligations”
to the publisher, though it failed to specify what actions led to their
dismissal.

“Over eight years,” the statement added, “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.”

Activision acquired Encino-based Infinity Ward for a
total of $5 million in 2003, the same year that it
published the studio’s first game, the original “Call of Duty.”

In 2008, after the release of Infinity Ward’s “Call
of Duty: Modern Warfare,” the fourth game in the series and a huge hit
that has sold more than 13 million units, West and Zampella signed a
contract extension through 2011. The complaint says that it called for
them to receive additional royalties and other payments, as well as the
right to operate Infinity Ward independently and creative control over
any “Call of Duty” games set after the Vietnam War.

Previous “Call of Duty” games without the “Modern
Warfare” subtitle have been set in World War II. A sequel set for
release this fall not being made by Infinity Ward is said by people
close to the company to be set in the Vietnam War.

The complaint alleges that the notice of discharge
West and Zampella received from Activision on Monday “contained charges
that were disproved in the investigation; included events that West and
Zampella were never even asked about during the investigation;
identified conduct that other Activision executives engaged in with
impunity; and cited ‘insubordination’ and alleged conduct from over a
year ago.”

The lawsuit asks for the court to rule that West and
Zampella have creative control over all “Modern Warfare” games, that
Activision may not release any “Call of Duty” games set after the
Vietnam War without their approval, and that the publisher owes them
damages in excess of $36 million.

(c) 2010, Los Angeles Times.

Visit the Los Angeles Times on the Internet at http://www.latimes.com/

Distributed by McClatchy-Tribune Information
Services.