In the long-running lawsuit between Activision and ex-Infinity Ward co-founders and developers, Activision has had to pay over $42 million to the Infinity Ward Employee Group (IWEG). But IWEG's attorney says they intend to continue the lawsuit, saying this pay-out is not enough, says Gamesindustry.biz.
Apparently Activision has agreed that Jason West and Vince Zampella, Infinity Ward co-founders, were not in secret talks with Electronic Arts (EA) – Activision has previously claimed the latter, building a great deal of its case on this accusation. The case is mainly revolving around outstanding royalties that IWEG says Activision owes them for the Call of Duty franchise.
Bruce Isaacs, attorney for IWEG, says Activision's pay-out is a cynical attempt to look good before the jury trial.
"I can confirm for you that it happened today. I can also tell you that although it is a meaningful payment it is only a small portion of what we are seeking in litigation. It is outrageous that they made us wait, they obviously knew they owed the money and this just shows that they breached the contract,” he says.
Originally West and Zampella and IWEG were looking for $36 million in unpaid royalties, but with interest and damages and a whole lot of legal jargon on that outstanding payment, the group are now looking for $1 billion.
The duo say that Activision's contract with them included large bonuses for positive sales on Call of Duty: Modern Warfare 2 and that Activision has not, to date, honoured this part of the contract.