Former Infinity Ward front men Jason West and Vince Zampella have added something more to its ongoing lawsuit against Activision: fraud. The duo claim that Activision had no intention of honoring its promises of bonuses and creative control on the Call of Duty franchise. According to a freshly filed complaint, West and Zampella secured a contract with Infinity Ward through a "Memorandum of Understanding" with Activision.
"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," reads the amended complaint.
The Memorandum of Understanding stated that West and Zampella must stay with Infinity Ward in order to receive control and bonuses. The duo also allege that Activision CEO Bobby Kotick had told them "don’t worry about it. It’s impossible for you guys to get fired." But the complaint alleges that Activision had no plans to honor its contractual obligations.
"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 video game franchises that, under the MOU, required prior approval from West and Zampella."
"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."
West and Zampella are suing Activision for $36 million. Activision is countersuing the pair, along with Electronic Arts for $400 million.