The continuing drama that is Activision vs Ex Infinity Ward staff, Jason West and Vince Zampella has revealed how Activision have been forced to commit additional resources for the development of Modern Warfare 3. Yes - let’s not think of that lawsuit for just one moment - Modern - Warfare - Three! Say it out loud, what a mighty fine combination of words that just roll off the tongue to put a sparkle in the eyes of any Call of Duty fan!
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According to the countersuit as reported by IGN, West and Zampella entered into a Memorandum of Understanding Agreements (MOU), with Activision and Infinity Ward in connection with Modern Warfare 2 and “any subsequent Infinity Ward projects” back in March 2008. This MOU is reported to include certain rights for Modern Warfare 3 which Activision says in its countersuit that its development has been delayed intentionally by West and Zampella in order to obtain further advantages for themselves and concessions from Activision.
Extracts from the Countersuit continue below:
“West and Zampella contend that, pursuant to the MOU, so long as they were employed at IW, their written consent was required for certain decisions related to the Modern Warfare brand,” the countersuit says. “As a result of the implied covenant of good faith and fair dealing, West and Zampella were prohibited from withholding such consent unreasonably or in bad faith.”
“Nevertheless, prior to the termination of their employment with Activision, West and Zampella unreasonably and/or in bad faith refused to provide this consent in an effort to gain an unfair advantage in negotiations with Activision and in an improper attempt to gain an advantage for themselves in connection with their plan to leave Activision and establish their own company,” the suit states.
“Among other things, they delayed pre-production of Modern Warfare 3 and attempted to improperly leverage their rights under the MOU to obtain further advantages for themselves and concessions from Activision.”
“As a direct and proximate result of this breach of the covenant of good faith and fair dealing, Activision has been forced to commit additional resources to Modern Warfare 3, institute litigation to seek a declaration of rights, and incur costs and attorneys’ fees, and will incur additional expenses in connection with securing the benefits of the MOU.”
“Accordingly, Activision has been damaged as a result of West and Zampella’s actions in an amount to be proven at trial.”
Activison are keeping tight lipped on the future development plans for Modern Warfare 3, but with the previous announcement that a game is in development for 2011 separately from the new action-adventure Call of Duty in development by Sledgehammer Games - maybe this is the very game they were referring to.
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