Fantasy Warfare: West, Zampella and Call of Duty

April 6, 2011 -

In theory, former Infinity Ward heads Jason West and Vince Zampella could regain partial control of the Call of Duty franchise. We say in theory because the chances of that ever happening are somewhere between slim and none. But the two counts of fraud that the duo added to its lawsuit against Activision earlier this week also asked the court to rescind the Memorandum of Understanding agreement. If the court were to give them a favorable ruling hypothetically, the duo could co-own Call of Duty and release their own games in the series. It's an interesting scenario to explore, even if it is on par with the plot to Independence Day in terms of likelihood.

Wedbush Securities analyst Michael Pachter - and most anyone with an inkling of common sense say that this will never happen.

Pachter explained to IndustryGamers that the law won’t allow West and Zampella to co-own the brand because there's no legal basis for it.

"West and Zampella have no prayer of obtaining control of the brand," stressed Pachter. "They can claim that they were granted creative control, and there is a reasonable chance that they would prevail, but they lost that control when their employment was terminated. If they can prove their termination was wrongful, they will be entitled to damages, but there is no legal basis to award ownership of the brand to them. They could conceivably change their complaint and seek reinstatement as employees, but I haven't seen any demands from them to make that happen."

"As it happens, they have never claimed that they 'own' the brand; instead, they claim that they were granted creative control over the brand under their employment agreement. These are two completely different things. Their creative control was clearly intended to be in effect only while they were employees, and the day that their employment terminated, their creative control ended (made clear by Bobby's alleged comment that "[i]t's impossible for you guys to get fired"). Since they think that they were wrongfully terminated, they are pursuing a claim for damages, which would be the appropriate remedy."

Image source: Paperback Writer


Comments

Re: Fantasy Warfare: West, Zampella and Call of Duty

I like the pretty picture of the castle.

Re: Fantasy Warfare: West, Zampella and Call of Duty

Assuming they win their case, couldn't they try to get co-ownership of the brand in lieu of monetary compensation? I mean, I figure the CoD brand in the long run would be worth far more than anything they could get as far as damages go.

"Power means nothing without honor and pride."

http://grifsgamereviews.blogspot.com My video game review site.

Re: Fantasy Warfare: West, Zampella and Call of Duty

Which is exactly why they wouldn't get it. Without any real legal claim I do not think the judge would award them a share of the CoD brand; the only way they could get in lieu of monetary compensation is through a settlement with Activision, and Activision would certainly never do so as having an exclusive hold on the brand is bound to be much more worthwhile that whatever they would have to give up to West and Zampella. 

Re: Fantasy Warfare: West, Zampella and Call of Duty

Which is kind of a double-edged sword. Without West and Zampella, CoD isn't going to be worth nearly as much, considering they're the ones who pulled the CoD series out of the oversaturated market that is WWII shooters. If it weren't for them, CoD would have died years ago. And there are some, if not many, who doubt the new dev team they hired for Modern Warfare 3 can make a product as high-quality or as successful as their predecessors. I can guarantee you Black Ops wouldn't have sold half the copies they did if they had named it something other than "Call of Duty".

If Activision were smart, they'd swallow their pride and let them have co-ownership so they can keep milking the CoD brand for years to come.

"Power means nothing without honor and pride."

http://grifsgamereviews.blogspot.com My video game review site.

 
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Goth_SkunkAssuming that's true, then that is a fight worth fighting for.07/07/2015 - 6:58am
Yuuri@ Goth_Skunk, in many states being gay is not a protected status akin to say race or religion. It's also in the "Right to work" states. Those are the states where one can be fired for any reason (provided it isn't a "protected" one.)07/07/2015 - 6:07am
Goth_Skunkregarded as a beacon of liberty and freedom that is the envy of the world, would not have across-the-board Human Rights laws that don't at the very least equal those of my own country.07/07/2015 - 5:47am
Goth_SkunkI find that hard to believe, Infophile. I have difficulty believing employers can *still* fire people for being gay. I would need to see some evidence that this is fact, because as a Canadian, I can't believe that the United States,07/07/2015 - 5:46am
InfophileFor that matter, even women don't yet have full legal equality with men. The US government still places limits on the positions women can serve in the military. And that's just the legal side of things - the "culture wars" are more than just laws.07/07/2015 - 5:43am
InfophileAnd that's just LGB issues. Get ready for an incoming battle on rights for trans* people. And then after that, a battle for poly people.07/07/2015 - 5:41am
InfophileA battle's been won. In many states employers can still fire people for being gay. And in many states, parents can force their children into reparative therapy to try to "fix" being gay. Those battles still need to be fought.07/07/2015 - 5:40am
Goth_Skunkand now they've switched to battles that don't need to be fought.07/07/2015 - 5:37am
Goth_SkunkIn my opinion, it was the final legal hurdle denying homosexual couples final and recognized statuses as eligible spouses. But even though this war's been won, some people are still too keen to keep fighting battles,07/07/2015 - 5:28am
Goth_SkunkAnd it's a trend I don't mind seeing continue. Same-sex marriage was at long-last made definitively legal by SCOTUS, and it's about time. I'm glad it's finally happened, as it was desperately needed.07/07/2015 - 5:25am
Infophile(cont'd) It started long before that. Perhaps the American Civil War comes to mind?)07/07/2015 - 3:59am
InfophileOn Goth's linked article: Historically speaking, there may have been cycles, but remember that the left has steadily gained ground. Is there a good reason to expect that to be different this time? (Oh, and no, Culture War 1.0 wasn't with the Baby Boomers.07/07/2015 - 3:59am
Goth_Skunk"THIS VIDEO IS PROBLEMATIC:" About Social Justice Warriors, by J.T. Sexkik. Excellent video. http://ow.ly/PgGnD07/07/2015 - 3:22am
Goth_Skunkand repeats the cycle, over and over. Presently, the far left culture is overreaching, and is about to lose their stranglehold on power.07/06/2015 - 10:01pm
Goth_SkunkAs far back as the 60's, according to the writers. The culture war moves in cycles from one generation to the next. The left rebels against the right, takes over, overreaches to the point where the right rebels right back, takes over, overreaches ->07/06/2015 - 9:58pm
MattsworknameGoth, what "Comming overreach" , the media and goverment have been overreaching for years07/06/2015 - 9:34pm
MattsworknameJim sterling is awesome ,dont always agree with him, but when it came to those guys, he was dead on. Thank god for jim.07/06/2015 - 9:33pm
Goth_Skunk"Welcome to Culture War 4.0: The Coming Overreach" an excellent opinion piece by The Federalist. http://ow.ly/Pggw507/06/2015 - 9:32pm
Wymorencehttp://goo.gl/snN00H Okay, this is hysterical if you've followed the Digital Homicide Vs. Jim "Mother****ing" Sterling stuff. A podcast of the two groups talking it out with one being eviscerated07/06/2015 - 9:12pm
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