Activision's Lawsuit Response

G4tv.com has an update to their report of a lawsuit filed by 38 current and former Infinity Ward employees, as they have received a statement from Activision, the defendant in the case:
"Activision believes the action is without merit," said a company spokesperson over e-mail just moments ago. "Activision retains the discretion to determine the amount and the schedule of bonus payments for MW2 and has acted consistent with its rights and the law at all times. We look forward to getting judicial confirmation that our position is right.
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Re: Activision's Lawsuit Response
Apr 27, 2010, 19:18
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Re: Activision's Lawsuit Response Apr 27, 2010, 19:18
Apr 27, 2010, 19:18
 
Why don't they take it out back and settle it like real men.

With guns and knives.
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"Right"
Apr 27, 2010, 19:22
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"Right" Apr 27, 2010, 19:22
Apr 27, 2010, 19:22
 
When Activision is saying "right" they mean legal. And just because something is "legal" doesn't make it "right."
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Apr 27, 2010, 19:37
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Re: Apr 27, 2010, 19:37
Apr 27, 2010, 19:37
 
Activision retains the discretion to determine the amount and the schedule of bonus payments for MW2

Actually no they don't, not if it was in the contract as to the percentage/amount payable by a specific date.

This reminds me of the whole New Line LoTR lawsuits regarding unpaid royalties. If it's in the contract that you pay it, then pay it. There is no excuse when these properties make the kind of money that they do, and then withhold royalties owed.

Something to add here...it was previously made public that the IW employees were payed less in liu of negotiated royalties. Royalties are not "bonuses" that the employer gets to decided the amount and whether to pay out or not.

This comment was edited on Apr 27, 2010, 20:00.
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Re: Activision's Lawsuit Response
Apr 27, 2010, 19:42
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Re: Activision's Lawsuit Response Apr 27, 2010, 19:42
Apr 27, 2010, 19:42
 
We look forward to getting judicial confirmation that our position is right.

It always makes me wince whenever someone says this regarding a trial. It just reeks of contempt and douchebaggery. The line between confidence and arrogance is a thin one.
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Re: Activision's Lawsuit Response
Apr 27, 2010, 19:51
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Re: Activision's Lawsuit Response Apr 27, 2010, 19:51
Apr 27, 2010, 19:51
 
"Nothing" is not a valid amount and "never" is not a valid schedule.
Xombie x0mbie x0mb|e Xombie
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Re: Activision's Lawsuit Response
Apr 27, 2010, 19:52
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Re: Activision's Lawsuit Response Apr 27, 2010, 19:52
Apr 27, 2010, 19:52
 
*Hands Infinity Ward Employee Group a combat knife*
Me: Here's a knife. Do something with the knife!
"Listen, Peter... with great horsepower comes... the sickest drifts..." - source
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Re:
Apr 27, 2010, 19:52
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Re: Apr 27, 2010, 19:52
Apr 27, 2010, 19:52
 
headkase wrote on Apr 27, 2010, 19:22:
When Activision is saying "right" they mean legal. And just because something is "legal" doesn't make it "right."
Ain't that the truth, mate.

That said, given that two different sets of lawyers have reviewed the alleged douchebaggery by Activision, and have seen fit to represent the two different groups of former and non-former IW staff, I'd find it hard to believe that they do not have the black and white to back it up. Lawyers are not into lost causes.

^D^
"Never start a fight, but always finish it."
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Re: Activision's Lawsuit Response
Apr 27, 2010, 19:53
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Re: Activision's Lawsuit Response Apr 27, 2010, 19:53
Apr 27, 2010, 19:53
 
These types of corperations and their dealings have destroyed the American economy by screwing over the little guy with their douchebaggery. They screw everyone in their path all in the name of greed.
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Re: Activision's Lawsuit Response
Apr 27, 2010, 19:57
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Re: Activision's Lawsuit Response Apr 27, 2010, 19:57
Apr 27, 2010, 19:57
 
I'd be very interested in signing any petition against Activision to pay their developers the royalties they should be paid.

Legally rights or not, there's ethically right and wrong. When you've got people who are literally giving you years of their only life in order to produce the best selling piece of entertainment across all forms of media...pay them fucking royalties. I don't care if they have huge egos, are giant assholes, no longer work at the company, called your mother a whore, planned to jump ship and form their own studio with a competing publisher...it doesn't matter. You made a metric fuckton of cash off of their hard work, ideas, and creative vision and any human being with a soul would know that they deserve a fair percentage of that money.

Until Activision convinces me that they're more interested in making games than money, they're no longer getting any of mine.

This comment was edited on Apr 27, 2010, 20:04.
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Re: Activision's Lawsuit Response
Apr 27, 2010, 20:17
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Re: Activision's Lawsuit Response Apr 27, 2010, 20:17
Apr 27, 2010, 20:17
 
Ruffiana wrote on Apr 27, 2010, 19:57:
I'd be very interested in signing any petition against Activision to pay their developers the royalties they should be paid.
What you just said right here is, "I'd be very interested in wasting my time doing something that no one would act upon, even if they actually heard about it."
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Re: Activision's Lawsuit Response
Apr 27, 2010, 20:36
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Re: Activision's Lawsuit Response Apr 27, 2010, 20:36
Apr 27, 2010, 20:36
 
Legally rights or not, there's ethically right and wrong. When you've got people who are literally giving you years of their only life in order to produce the best selling piece of entertainment across all forms of media...pay them fucking royalties. I don't care if they have huge egos, are giant assholes, no longer work at the company, called your mother a whore, planned to jump ship and form their own studio with a competing publisher...it doesn't matter. You made a metric fuckton of cash off of their hard work, ideas, and creative vision and any human being with a soul would know that they deserve a fair percentage of that money.

So you are saying that the work Activision done in marketing the game had no part in it , you're implying that the game was super fantastic and that the programmers/artist/sound/desgin guys should all be given a life times amount of money each?? Is that what you are meaning?
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Re: Activision's Lawsuit Response
Apr 27, 2010, 21:12
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Re: Activision's Lawsuit Response Apr 27, 2010, 21:12
Apr 27, 2010, 21:12
 
So you are saying that the work Activision done in marketing the game had no part in it , you're implying that the game was super fantastic and that the programmers/artist/sound/desgin guys should all be given a life times amount of money each?? Is that what you are meaning?

I don't think the guy mentioned anything about marketing, but if the marketing guys had been given written indications that they would be receiving royalties, then hey, pay them too. I also doubt the contracts mentioned anything in the amount of a "life times" amount of money either. I think they would be happy with the amount of royalty payments they were promised (even Activison acknowledges there is some sort of bonus amount to be determined). Regardless, Activision looks bad PR wise and they had better hope the talent out there isn't all scared off by this.
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Re: Activision's Lawsuit Response
Apr 27, 2010, 21:19
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Re: Activision's Lawsuit Response Apr 27, 2010, 21:19
Apr 27, 2010, 21:19
 
The real problem? Most of us were here for gaming in its infancy when it was about the games. Now it's just another big business that's about profits first. Meh, sucks but it had to happen sooner or later. I guess a lot of us are just getting too old to either care about or want to deal with the greed and BS anymore. While I won't be quitting gaming any time soon, I've certainly slowed down a lot and will probably continue to do so from this point forward. Time to take up a new hobby methinks, wood carving, or stained glass or something.
“With the first link, the chain is forged. The first speech censured, the first thought forbidden, the first freedom denied, chains us all irrevocably." - Aaron Sati
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Re:
Apr 27, 2010, 21:23
Dev
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Re: Apr 27, 2010, 21:23
Apr 27, 2010, 21:23
Dev
 
Krovven wrote on Apr 27, 2010, 19:37:
This reminds me of the whole New Line LoTR lawsuits regarding unpaid royalties.
LOL, thats exactly what I said to a friend earlier today. In fact as I recall, didn't new line claim they didn't owe anything because the money was supposed to be a percentage of the net, and they said they didn't make any net money on the LotR trilogy? (aka hollywood math, kinda like music studio math)

Makes me wonder if activision is gonna try any of that BS lol.
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Re: Activision's Lawsuit Response
Apr 27, 2010, 21:26
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Re: Activision's Lawsuit Response Apr 27, 2010, 21:26
Apr 27, 2010, 21:26
 
Cutter wrote on Apr 27, 2010, 21:19:
The real problem? Most of us were here for gaming in its infancy when it was about the games. Now it's just another big business that's about profits first. Meh, sucks but it had to happen sooner or later. I guess a lot of us are just getting too old to either care about or want to deal with the greed and BS anymore. While I won't be quitting gaming any time soon, I've certainly slowed down a lot and will probably continue to do so from this point forward. Time to take up a new hobby methinks, wood carving, or stained glass or something.

/agreed
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Re: Activision's Lawsuit Response
Apr 27, 2010, 21:39
16.
Re: Activision's Lawsuit Response Apr 27, 2010, 21:39
Apr 27, 2010, 21:39
 
guess a lot of us are just getting too old to either care about or want to deal with the greed and BS anymore.

Then why not be like 90% of gamers and simply play games rather than follow the business of them?

If you didn't go to game sites like Blues, Joystiq or the Shack you'd have no clue any of this was going on and be blissfully ignorant.
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Re:
Apr 27, 2010, 21:46
17.
Re: Apr 27, 2010, 21:46
Apr 27, 2010, 21:46
 
These types of corperations and their dealings have destroyed the American economy by screwing over the little guy with their douchebaggery. They screw everyone in their path all in the name of greed.

Have you been working for Corporate America too? After you work for a corporation for more than a year you start to realize that greed is the driving factor for ever single thing they do... nothing else matters.

LOL, thats exactly what I said to a friend earlier today. In fact as I recall, didn't new line claim they didn't owe anything because the money was supposed to be a percentage of the net, and they said they didn't make any net money on the LotR trilogy? (aka hollywood math, kinda like music studio math)

Were I work (for the Evil Empire) we call that fuzzy math. Meaning they can spin the numbers to mean whatever it is they want them to mean. Even if it make no sense what so ever. For example... I am graded on ten different factors to determine what my over-all productivity is. Half of those factors are controlled by the company. It's the same reason why the Union had the team award removed from the contract because the company would constantly spin the info and short us on our bonus. The less money they give to employees the more money they get to keep... greed is good, if you're already filthy rich.

Nothing new here. And I agree it's the greed of the filthy rich that has ruined this country and our economy. From the corruption in our government to the CEOs running these douchebag companies.
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Re: Activision's Lawsuit Response
Apr 27, 2010, 22:02
18.
Re: Activision's Lawsuit Response Apr 27, 2010, 22:02
Apr 27, 2010, 22:02
 
Beamer wrote on Apr 27, 2010, 21:39:
guess a lot of us are just getting too old to either care about or want to deal with the greed and BS anymore.

Then why not be like 90% of gamers and simply play games rather than follow the business of them?

If you didn't go to game sites like Blues, Joystiq or the Shack you'd have no clue any of this was going on and be blissfully ignorant.

That's not entirely true anymore. "Mainstream" media has started running with this. I know this since a couple buddies at work who are computer illiterate but play mw2 on consoles are talking about it now. And by computer illiterate I mean these guys are knuckle draggers.
Doin' it Big
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Re:
Apr 27, 2010, 22:10
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Re: Apr 27, 2010, 22:10
Apr 27, 2010, 22:10
 
And just because something is "legal" doesn't make it "right."

Indeed, legal and not legal, and right and wrong, are often two very different things.

These days though, it doesn't matter. There's not even really any such thing as a verbal contract anymore. You got to get that shit down on paper.

These guys at Infinity Ward did the hard work and deserve to be compensated for it, for that I have no doubt. But unless it was written in their contract that they're due extras if the game does well, I doubt they'll get much... unfortunately.
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Re:
Apr 27, 2010, 22:21
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Re: Apr 27, 2010, 22:21
Apr 27, 2010, 22:21
 
Makes you wonder how many lawyers Kotick has/had pouring over the 'blizzard contract' looking for holes, bet hed love to get his hands on that piece of the pie... which is pretty much how I read this story, they found a loophole in IWs contract and when they stood to profit the most, exploited it.
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