In a more serious note, the two developers going to EA will only strengthen Activision's case massively and they may see themselves driven to bankruptcy. I mean, if you are the target of a countersuit that hints that you might have defected to another company, you don't actually do that before the case has ended!
This whole case doesn't make sense unless Activision broke the contract when they began developing CoD7. (And assuming the contract details for IW are true) If you're West and Zamp, you've apparently been given exclusive rights to CoD franchise games made during Vietnam and later, or maybe it's after vietnam and that time period is still available. And if that isn't enough, you've also got exclusive rights to anything with the modern warfare title in it. So between those 2 items you just took control of the biggest franchise in gaming. No one can make a modern CoD at Activision, and no one, anywhere, can make a "modern Warfare" game without your permission/approval. (This wasn't a trick, Activision agreed to this, supposedly)
West and Zamp (IW) had activision over a barrel. They put all their leverage behind CoD:MW2 and it worked, HUGE. Now they were set to just sit back making amazing games and having activision have to share profits when them off games that rode their coat tales.
Why the FUCK would anyone think they'd blow that AMAZING situation for a new job with EA? You get to set the terms for activision making any games in the CoD franchise set in modern times. Does it get any better than that? Who gives a rats ass if your boss sucks, that guy needs your approval before he can make games that ride off your coat tails! (And you're coat tails are SOLID FUCKING GOLD)
Activision realized they screwed up with this agreement and fired west and zamp. They probably would have done it back in 2009 when MW2 launched but Legal likely through a shit fit about needing to CYA and forced them to find something to fire them for.
I'm sure this wasn't a surprise to the heads of IW and they had known long before MW2 shipped that Activision wasn't planning on honor'ng the terms of this contract. The fact that west and zamp delivered MW2 is the nail in the coffin. By doing that they held up their end of the bargain and the ball was in Activision's court to break the contract.
Can't wait to read more about this whole mess. I'd love to see Activision forced to work with zamp and west (who will be running their own studio outside of activision) in order to make modern CoD games.