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Activision axes Infinity Ward bosses


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This puts things into perspective.

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Activision: Three new Call of Duty titles in two years

Activision blogger Dan Amrich has revealed that the company plans to release three new Call of Duty titles in the next two years.

Speaking in a Facebook thread – in an Activision/Bobby Kotick hate group of all places – he said:

“As for COD, they’ve confirmed three games in the next two years. Seeing as how there is a pattern of one new COD game every year, this is one new COD game from one new developer, and in a different genre from the core games we’ve seen.”

Treyarch are handling this year’s release in the series, with details to come in this month’s issue of Official PlayStation Magazine, while Infinity Ward are expected to be developing Modern Warfare 3, despite rumours it was being “held hostage” and a lawsuit from former bosses of the studio Vince Zampella and Jason West against Activision for $36 million and the Modern Warfare IP.

The company also announced back in March that upstart Sledgehammer Games was developing an “action/adventure” title in the series, which was first thought to be a 2011 title Acti was referring to. An internal memo soon after the announcement killed that off.

The title is expected to “broaden the audience” for the series

Milk it while you can.

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sinking_ship.jpg

It has emerged that eight more staff left Modern Warfare developer Infinity Ward on Friday.

The full-time IW-watchers at Kotaku and G4 put it together from their moles (and the Facebook and LinkedIn profiles of the developers).

Although it's not known what plans the eight have, their resignations came straight after seven of their former colleagues revealed that they were joining former IW heads Jason West and Vince Zampella's new outfit Respawn Entertainment.

The new casualties (or beneficiaries?) of the messy bust-up between Activision and the founders of its prized studio are: senior designers Mohamman Alavi, Chad Grenier, and Brent McLeod; designers Jason McCord, Charlie Wiederhold, Keith Bell and Preston Glenn; and programmer Chris Lambert.

With Activision confident that it can maintain Infinity Ward's prominence and a packed release schedule of Call of Duty games, its recruiters are going to be busy.

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Infinity Ward Coalition Files Lawsuit Against Activision

Written Wednesday, April 28, 2010 by Dan Webb

The Infinity Ward and Activision spat took one step towards being a much messier affair yesterday as it appears that 38 former and current employees, known as the “Infinity Ward Employee Group” (IWEG), have launched an action against Activision for $54 million in royalties owed – expecting somewhere between $75 million and 125 million in return.

The lawsuit hinges on the notion that Activision’s inability to pay them the royalties for delivering Modern Warfare 2 on time are a breach of contract, breach of the implied covenant of good faith and fair dealing, a violation of the Californian labour code and more.

The plaintiffs claim that Activision "made a calculated, purposeful and malicious decision" to withhold earned bonuses "in an attempt to force employees of Infinity Ward to continue to work at a job that many of them did not want just so Activision could force them to complete the development, production and delivery of Modern Warfare 3."

So pretty serious allegations.

Activision, if they lose could be out of pocket by more than the figures above, those are just the royalties owed. The IWEG are also seeking $75 to $500 million as an award for punitive damages. A figure which is calculated from the sales of Modern Warfare 2 and “Activision’s net worth.”

Furthermore, the lawsuit stated, “Activision has a duty to pay all of the members of the IWEG all of the money they are owed... within 72 hours of the termination of their employment."

"Activision, however, has failed to do so."

What’s Activision’s stance on all this? Why of course, they think they’re in the right, which they may well be.

"Activision believes the action is without merit," the publisher told G4TV. "Activision retains the discretion to determine the amount and the schedule of bonus payments for MW2 and has acted consistent with its rights and the law at all times. We look forward to getting judicial confirmation that our position is right."

The full list of plaintiffs incidentally are as follows:

Todd Alderman, Frank Gigliotti, Roger Abrahamsson, Brad Allen, Mohammad Alavi, Richard Baker, Chad Barb, Keith Bell, Chris Cherubini, Taihoon William Cho, Chris Dionne, Joel Emslie, Robert Field, Steve Fuduka, Robert Gaines, Chance Glasco, Preston Glenn, Joel Gompert, Chad Grenier, Mark Grigsby, John Haggerty, Jacob Michael Keating, Chris Lambert, Ryan Lastimosa, Fairfax S. McCandlish IV, Jason McCord, Brent Mcleod, John Paul Messerly, Stephen Miller, Zied Rieke, Jon Shiring, John Slayback, Richard Smith, Geoffery Smith, Jiesang Song, Todd Sue, Rayme C. Vinson and Lei Yang.

A few familiar names in there, especially if you’ve been keeping up to date with this clusterfuck of a legal battle.

This one isn’t over... not by a long shot. According to Janco Partners’ analyst, Mike Hickey, the studio could even be closed after the next map pack ships... well, what’s left of it.

In case you were wondering as well, this is separate to the West and Zampella lawsuit which Activision are also involved in.

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Long time reader, first time poster..

Activisions contracts seem pretty tricksy though. Remember all the commotion last year with guitar hero using famous avatars. It would seem that people signed up expecting the likeness to be used for one thing, and them getting used for another.

Oh yeah, they're cunts as well, obviously.

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OK, after the events of the past week or so, I'd pretty much call Infinity Ward dead. Like, literally, it's just imploded. West and Zampella must have had some serious loyalty built up in that company, especially considering the sheer number of people jumping ship. It's not like it's just two or three really loyal employees, it's everyone! Certainly puts doubt on what Activision said in their counter suit if this is happening.

The morale amongst the ones still there really can't be great, and I honestly wonder what Activision's plan for them is?

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  • 2 years later...

http://www.theverge.com/gaming/2012/5/14/3020674/activision-lawsuit-to-be-lead-by-oklahoma-city-bombing-prosecutor

Activision lawsuit to be lead by Oklahoma City bombing prosecutor

By Justin McElroyon May 14, 2012 08:26 pm1Comments

The attorney that delivered the closing argument for the execution of Timothy McVeigh has been appointed by Activision to lead its legal battle with ex-Infinity Ward bosses Jason West and Vincent Zampella. The publisher told Polygon it has taken the reins from Steven Marenberg and passed them to former U.S. assistant attorney Beth Wilkinson.

What began as West, Zampella and dozens of other ex-Infinity Ward staffers suing for royalties they claimed were witheld by the company has evolved into a countersuit by Activision, which says that the developers had violated their employment contract.

The company declined to illuminate its reasoning for the switch, saying only "Activision has hired Beth Wilkinson to represent the company in the upcoming trial." Marenberg's firm Irell & Manella will remain on the legal team in some capacity, according to an L.A. Times report. The same report says that Wilkinson will likely ask for a month-long delay to the start of the trial, currently slated for May 29.

In addition to the Activision case, Wilkinson also represents the NFL, pharmaceutical giant Pfizer and was recently retained by the Federal Trade Commission to head up an antitrust inquiry into Google.

http://www.theverge.com/gaming/2012/5/14/3020671/activision-pays-42m-to-former-infinity-ward-devs-not-a-settlement

Activision pays $42m to former Infinity Ward devs, not a settlement

By Christopher Granton May 14, 2012 08:27 pm9Comments

After it finished reviewing all the evidence in the pre-trial lead up to its high-profile lawsuit against former Infinity Ward co-heads Jason West and Vince Zampella, Activision believed that the discovery phase didn't implicate the constituents of the so-called "Infinity Ward Employee Group," a source familiar with the case told Polygon. As a result, the video game publisher issued a check to the group's lawyers for $42 million dollars today, which includes 10 percent interest and is in addition to the original $22 million already paid for the promised first quarter launch bonus.

Reached for comment this evening, Bruce Isaacs, attorney for the Infinity Ward Employee Group, confirmed that the payment was made today, but called it a "cynical attempt to look good before the jury trial."

"I can confirm for you that it happened today," he told Polygon. "I can also tell you that although it is a meaningful payment it is only a small portion of what we are seeking in litigation. It is outrageous that they made us wait, they obviously knew they owed the money and this just shows that they breached the contract."

In 2010, the original Infinity Ward Employee Group suit included 38 plaintiffs, including notable figures like former Infinity Ward Lead Designer Todd Alderman and former Infinity Ward Lead Software Engineer Frank Gigliotti, both of whom took positions with West and Zampella's new venture, Respawn Entertainment. The group alleged that Activision failed to pay them royalties for their work on Call of Duty: Modern Warfare 2. Our source says that the $42 million payment would be going to 40 individuals; it's unclear who the two additional claimants are.

In what is evidently an unusual turn, our source said that the payment was not a part of a settlement; following the discovery phase, which closed in March, Activision CEO Bobby Kotick agreed that since the evidence didn't implicate the 40 members of the Infinity Ward Employee Group, the company opted to pay the amount it believed the former employees were owed and focus its legal efforts on West and Zampella.

"Activision owes my clients approximately $75 million to $125 million dollars," Isaacs told G4 in 2010. G4 reported that "the suit alleges at least $54 million is still due from 2009 profits alone," with unpaid bonuses owed past that. The group is also seeking an additional $75 to $500 million in "punitive damages."

Since this payment was not related to a settlement, the IWEG can still pursue the remainder of the money it claims it's entitled to. While the $42 million dollar figure was not a number the group negotiated, it was based on its first request – before damages inflated the amount, our source says.

Isaacs tells Polygon that the group is still planning to pursue the suit against Activision.

"They are just as interested as they were before hand," he said. "We are seeking all kinds of bonuses per the contract. This payment relates to one particular game and one particular time period and one particular bonus."

Both sides set for an appearance before a judge in Los Angeles Superior Court Tuesday afternoon. Activision hired a new high profile attorney last week.

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http://www.giantbomb.com/news/activision-infinity-ward-and-project-icebreaker/4152/

Activision, Infinity Ward, and Project Icebreaker

A recent filing in the upcoming legal case alleges an ongoing investigation for "dirt" on Infinity Ward leadership just prior to Modern Warfare 2's launch.

By Patrick Klepek | May 16, 2012

When Activision terminated former Infinity Ward leadership Jason West and Vince Zampella on March 1, 2010, the publisher launched an internal investigation about them. According to West, Zampella and their attorneys, it wasn’t the first time Activision tried that.

Jason West and Vince Zampella are working on a new, still unannounced shooter over at Respawn.

"Project Icebreaker" was, based on a recent filing from the upcoming trial, an ongoing Activision initiative to uncover information regarding West and Zampella by accessing their work email, computer, and phones. It was rolled out just months before the launch of Call of Duty: Modern Warfare 2.

It’s also incredibly difficult to not chuckle at the name, which feels right out of a mediocre James Bond movie.

The details I'm sharing regarding Project Icebreaker come from a recent court filing related to the upcoming trial between Activision, West, Zampella, and other former developers. There's more to it. It's worth disclosing how this filing came into my possession.

This filing landed in my inbox from the public relations firm for West and Zampella's attorneys. I've been sitting on the filing for a few weeks, knowing full well this very specific filing was handed over to me, a reporter, with a specific agenda in mind, and one that doesn't paint Activision in a great light. Upon further reading, I concluded there was enough relevant, interesting information about the allegations to warrant sharing.

Activision's lawyers did not respond to my request for comment regarding this story.

If it were possible, I'd share much, much more. The entire case filing is not available online (proof!), and since I'm not in Los Angeles, I can't go to the court house myself. Maybe that'll change when I'm in town for E3.

With that context in mind, let's continue.

Project Icebreaker reportedly arose in 2009 over strained relations between Activision and Infinity Ward. While executive memos suggest Project Icebreaker did, at times, involve improving relations between the two companies, there were contingency plans in motion if and when it didn't work out.

The details that follow were pulled from a filing made by counsel for West and Zampella on April 23. The filing focuses on Activision director of IT Thomas Fenady’s deposition, and was filed in response to an Activision motion to dismiss parts of his testimony. Activision motion hopes to dismiss Fenady’s testimony under attorney-client privilege. West and Zampella’s lawyers argue Fenady’s testimony outlines Activision’s attempts to remove West and Zampella from the company prior to the 2010 incident.

Thomas Fenady was director of IT at Activision. He left in December 2009, and now works at Warner Bros. Fenady testified that in the summer of 2009, then Activision chief legal officer (now chief public policy officer) George Rose instructed him to “dig up dirt on Jason and Vince” because “we just want to get rid of them.” Rose said the decision came from Activision CEO Bobby Kotick.

Fenady claims Rose asked him to gain access to West and Zampella’s email, voicemail and computer, and “don’t get caught doing it.” Whatever happened in the course of seeking out this information: "Bobby will take care of you. … Don't worry about repercussions." Rose denied he asked Fenady to specifically "dig up dirt" in his deposition with Activision, though he did discuss Project Icebreaker's existence and instructing Fenady to find information.

In Fenady’s deposition, Activision counsel asked the following:

Activision: So as I understand it, the investigation in your mind included seeing whether you could get access to Mr. Jason and Mr. Vince's work computers; correct?

Fenady: Yes.

Activision: It included determining whether you could get access to their work email; correct?

Fenady: Correct.

Activision: It included determining whether you could get access to their work voicemail?

Fenady: Correct.

Activision: It did not include getting access to any personal computer or personal telephone; correct?

Fenady: Correct.

Activision: What I wanted to know is, did I get it all?

Fenady: The only thing I would include is, it involved engaging third parties in order to do to. That was all part of -- the objective was the same.

Activision: Which was to gain access --

Fenady: To their work systems, yes.

Besides his deposition, West and Zampella’s counsel pointed to a Facebook message between Fenady and Infinity Ward online operations manager Robert Dye, where Fenady mentioned being asked to uncover information about West and Zampella for Activision. Fenady confirmed the message existed.

“Plaintiffs learned about Fenady from a Facebook conversation Fenady had with Robert Dye, an Activision employee. Fenady told Dye that “atvi [Activision] asked me to dig up dirt on [Jason and Vince] about 6 months prior to COD release. looking for excuses to dump them...”

As noted, Rose disputed Fenady’s directive was to “dig up dirt." Rose explained his position during his deposition:

Activision: Mr. Rose, I just have a couple of questions for you. First, you testified earlier today about discussions you had with Mr. Fenady. I have a specific question for you. Did you ever ask Mr. Fenady to dig up dirt on Jason and Vince?

Rose. No. Absolutely not.

Activision: So am I correct to understand that as part of Project Icebreaker, you asked the Activision IT department to enable you to monitor the email traffic of Infinity Ward, including Mr. West and Mr. Zampella?

Rose: Correct.

Activision: And you told me that one of the things you asked Mr. Fenady to do was to enable you to monitor the emails of Mr. West and Mr. Zampella and other people at Infinity Ward as part of Project Icebreaker. Were those efforts successful?

Rose: No.

Activision: Did you ask Mr. Fenady or other people at information technology at Activision to do anything else as part of Project Icebreaker?

Rose: As part of the Project Icebreaker, once it proved to be impossible to do what I just said, no.

To try and accomplish this task, Fenady reached outside parties. He reportedly contacted Microsoft to help crack West and Zampella’s passwords, but Microsoft refused to comply without a court order. Third-party security specialist InGuardians was contacted, too, but the vendor “didn’t feel comfortable” with the “legal hurdles.”

There was also discussion about obtaining private access to Infinity Ward's space in order to image the contents of West and Zampella's computers by staging a fake fumigation or mock fire drill at the studio. Hilarious?

“I only know it was discussed,” said Farday in his deposition. “I don't think it was acted upon.”

The concept of Activision investigating West and Zampella is not new. While reporting for G4 when the original news broke, I'd obtained an internal Activision memo asking internal studios to seek evidence about the following:

"Documents regarding past, current or future IW projects, including but not limited to any and all businesses analyses of future projects (e.g. Modern Warfare 3)"

"Documents regarding any potential 'spin out' of IW, including but not limited to any communications with IW employees, West or Zampella regarding forming a new studio independent of Activision"

"Documents regarding West and Zampella's communications with Activision's competitors, including but not limited to Electronic Arts"

Not long after the breakup, West and Zampella inked a publishing deal with Electronic Arts with their new studio, Respawn Entertainment.

If allegations like Project Icebreaker indicate what we’re in for, prepare for a legal fireworks show. The trial has been scheduled to begin on May 29, but Activision asked for a 30-day extension. It was denied.

If you'd like to read the entire document, I've included it below.

Project Icebreaker

Activision/Infinity Ward Memorandum of Understanding

Its taking off...

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