A few days after being dismissed by Activision for alleged insubordination, former Infinity Ward bosses Jason West and Vince Zampella filed a lawsuit against the publisher that read less like a legal document and more like hate mail. Acvitision responded in kind today with a caustic countersuit, describing the Call of Duty creators as "insubordinate and self-serving schemers who attempted to hijack Activision's assets for their own personal gain."

The LA Times tracked down the 23-page complaint filed by Activision this morning with the Los Angeles County Superior Court.


Alleging an "unlawful pattern and practice of conduct that was designed to steal the [Infinity Ward] studio," Activision claims it is entitled to withhold any future payments contractually due to West and Zampella and seeks to recover past payments made during the studio bosses period of "disloyalty."

Activision further defines "disloyalty" in the countersuit, alleging West and Zampella went "on a secret trip by private jet to Northern California, arranged by their Hollywood agent, to meet with the most senior executives of Activision's closest competitor."

Asked by the Times if Activision's allegations were true, Electronic Arts spokesman Jeff Brown replied, "We don't have the time to comment on the many lawsuits Activision files against its employees and creative partners."

In response to the countersuit, Robert M. Schwartz, the attorney representing West and Zampella, provided the following statement:
The allegations Activision made today are false and outrageous. Just one example is Activision's allegation that Jason and Vince conspired to spin off Infinity Ward. Activision itself proposed spinning off Infinity Ward when, last year, it sought to renegotiate Jason and Vince's contract and induce them to forego developing a new game in favor of doing another Modern Warfare sequel. Jason and Vince had hired the Creative Artists Agency to advise them in their negotiations with Activision, and not to breach their contract. The conversations with IW employees, talent agents, and others during these negotiations with Activision were not conducted in disrespect of Activision but to see if Activision's proposal could work.

Activision's inaccurate and misguided allegations lose sight of the reality here: None of the false claims of insubordination or breach of duties had any negative affect on Activision -- none. Modern Warfare 2 has been the world's most successful video game. And none of this changes the fact that Jason and Vince would still be at Infinity Ward developing new games except that Activision kicked them out. This is just an Activision tactic to avoid paying Jason and Vince and everyone else at Infinity Ward the millions of dollars they all earned and that Activision owes them. Since being fired by Activision, Jason and Vince have taken steps to regain control over their creative future and plan to have an announcement very soon.
West and Zampella's lawsuit against Activision is scheduled to proceed in July.



Sharkey says: We knew this thing was going to get ugly, and it sure is. Of everything that's been alleged by both sides, Schwartz's latest comments are the most relevant to me. Modern Warfare 2 was delivered on time and on budget and has generated more than $1 billion in revenue for Activision to date. And the Call of Duty franchise, which West and Zampella created, has been a $4 billion cash cow for the publisher. I don't care who they met with or what they were "scheming," they did what they were contractually obligated to do and they should be paid for it. Also: Jeff Brown FTW! Hilarious!