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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Andrew EisenSo... it's unethical to discuss the ethics surrounding public interest vs. personal privacy?09/17/2014 - 4:45pm
prh99The source for the game is at https://github.com/keendreams/keen09/17/2014 - 4:43pm
prh99An Indiegogo champagin bought the rights to the early 90's game Keen Dreams to make it open source and release it on GOG etc. https://www.indiegogo.com/projects/let-s-get-keen-dreams-re-released-legally09/17/2014 - 4:42pm
james_fudgeAlso http://www.breitbart.com/Breitbart-London/2014/09/17/Exposed-the-secret-mailing-list-of-the-gaming-journalism-elite09/17/2014 - 4:29pm
Andrew EisenI read the Kotaku story. Nowhere does it say anything close to "Gamers are white bigoted sexist losers." It's commenting specifically on the crap being slung at people discussing gender issues in games. So, what's the problem?09/17/2014 - 4:06pm
Andrew EisenYeah, I can imagine Spiderwoman posed like in your second link.09/17/2014 - 4:00pm
Andrew EisenThat's not the same pose. Spiderman (who is wearing an actual outfit rather than body paint) is crouched low to the ground. Kinda like a spider! Spiderwoman has her butt up in the air like she's waiting to be mounted.09/17/2014 - 3:59pm
quiknkoldAndrew Eisen : Kotaku did a whiole article on it, as did others http://kotaku.com/we-might-be-witnessing-the-death-of-an-identity-162820307909/17/2014 - 3:59pm
CMinerQuiknkold: Do you think that there are no cases where a piece of art (painting, movie, videogame, comic cover, etc) is unambiguously sexist?09/17/2014 - 3:58pm
quiknkoldand can you imagine if Spiderwoman was posed like this? http://goodcomics.comicbookresources.com/wp-content/uploads/2013/02/spider-man1.jpg09/17/2014 - 3:58pm
Andrew EisenWhat games outlet is writing articles saying "Gamers are white bigoted sexist losers"? What examples have you seen of journalists being paid off for favorable reviews? Who's shaming what now? What's the problem with critiquing the Spiderwoman cover?09/17/2014 - 3:57pm
james_fudgeWell there's def "politics" involved in this issue. The movement was hamstrung by bad behavior and illegal activites here. We would have covered it more if not for those unforutnate happenings.09/17/2014 - 3:56pm
quiknkoldhttp://i.imgur.com/v3p8Bwf.jpg Here you go EZacharyKnight. Spidermans Buttcrack.09/17/2014 - 3:56pm
quiknkoldwhile another person doesnt see it09/17/2014 - 3:56pm
quiknkoldJames_fudge : I feel like the people challenging Games are the same people who Challenge Art because Michaelangelo's David shows Wang. The problem is, alot of things with Games are left to the eye of the beholder. One Person see's Sexist Antiwomen views.09/17/2014 - 3:55pm
E. Zachary Knightquiknkold, I don't recall Spider-man's costume conforming to the contour of his buttcrack.09/17/2014 - 3:54pm
quiknkoldIts the same Agenda Fueled Journalism youd find on Fox News or MSNBC. I appreciate Gamepolitics for just stating the facts.09/17/2014 - 3:54pm
james_fudgeQuiknold: you're entitled to your opinion on creatives being left alone. Others are entitled to their opinions that they should be challenged.09/17/2014 - 3:53pm
quiknkoldI can point specifically to the Spiderwoman Milos Manara cover as an example. Not strictly VG Related, its still the same example of journalists attacking Milos's artwork, claiming its sexist, when its the exact same pose Spider-man has done on a cover.09/17/2014 - 3:52pm
quiknkolddevices, and then we can discus the merits of the game. and then there's the people exchanging money and other things to game journalists for favorable reviews and articles, while also shaming those who may criticize these articles09/17/2014 - 3:51pm
 

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