According to GameSpot, West and Zampella are alleging that in March 2008, Activision entered into a Memorandum of Understanding with them. The contract was designed to ”address issues of significant concern to West and Zampella, particularly in the area of creative authority over the Modern Warfare games and the creation of a look, feel, and brand for the Modern Warfare games.”
”To protect its interest in consummating its merger with Vivendi Games, Activision needed to do everything it could to keep West and Zampella content with their responsibilities and compensation at Infinity Ward. This gave West and Zampella considerable bargaining power in their negotiations with Activision,” the complaint states.
In the final negotiations for the MOU, West and Zampella claim they secured a deal that would see them having final say over any Modern Warfare-branded game or licensing activity. However, Activision included a stipulation that this creative control and financial incentives were subject to West and Zampella’s continued employment. Bobby Kotick allegedly reassured the pair: ”Don’t worry about it. It’s impossible for you guys to get fired.”
West and Zampella were eventually convinced to sign the MOU, in effect committing to three more years of employment at Activision under the assumption that they would operate as an independent studio in the vein of Blizzard Entertainment.
”While paying lip-service to West’s and Zampella’s creative authority, in 2008 and thereafter, Activision began secret development of Modern Warfare and Call of Duty games and related products, and undertook other conduct in relation to these two videogame franchises that, under the MOU, required prior approval from West and Zampella,” the amended complaint reads. ”Activision did not inform West or Zampella of such plans or seek their input or approval for them. Indeed, while breaching the creative authority provisions of the MOU, Activision continued to pay lip-service to them, in an attempt to mask its secret development efforts.”
Now, in addition to actual and punitive damages, West and Zampella’s lawsuit has them now seeking a rescission of the MOU. If granted, Activision would co-own the Modern Warfare brand with Vince and Zampella, which would give the two the right to release their own copies of the game. A voided contract would also give West and Zampella the right to create new games in the Modern Warfare franchise, he said.
