Modern Warfare 3 In Development
Countersuit says third title is in "pre-production."
April 9, 2010 - Perhaps the biggest news from Activision's
countersuit filled this morning against former Infinity
Ward executives jason west and
Vince zapella is the mention of Modern Warfare 3.
According to the countersuit, West and Zampella entered into a
Memorandum of Understanding (MOU), an agreement between two parties,
with
Activision and Infinity Ward in connection with
Modern Warfare 2 and "any subsequent Infinity Ward projects" back in
March 2008. This MOU apparently included certain rights for Modern
Warfare 3, which Activision says in its countersuit that development
for the third title was delayed intentionally by West and Zampella in
order to leverage their rights under the MOU to "obtain further
advantages for themselves and concessions" from Activision.
"West and Zampella contend that, pursuant to the MOU, so long as they
were employed at IW, their written consent was required for certain
decisions related to the Modern Warfare brand," the countersuit says.
"As a result of the implied covenant of good faith and fair dealing,
West and Zampella were prohibited from withholding such consent
unreasonably or in bad faith."
"Nevertheless, prior to the termination of their employment with
Activision, West and Zampella unreasonably and/or in bad faith refused
to provide this consent in an effort to gain an unfair advantage in
negotiations with Activision and in an improper attempt to gain an
advantage for themselves in connection with their plan to leave
Activision and establish their own company," the suit states.
"Among other things, they delayed pre-production of Modern Warfare 3 and
attempted to improperly leverage their rights under the MOU to obtain
further advantages for themselves and concessions from Activision."
The countersuit continues on to say Activision has had to spend
additional development costs for the project due to Zampella and West
breaching the MOU.
"As a direct and proximate result of this breach of the covenant of good
faith and fair dealing, Activision has been forced to commit
additional resources to Modern Warfare 3, institute litigation to seek a
declaration of rights, and incur costs and attorneys' fees, and will
incur additional expenses in connection with securing the benefits of
the MOU."
"Accordingly, Activision has been damaged as a result of West and
Zampella's actions in an amount to be proven at trial."
An Activision representative told IGN the company has no additional
comments about the countersuits mention of Modern Warfare 3.
Source 
Subject: Modern Warfare 3 In Development 
Sat Apr 10, 2010 1:15 am
