It's natural to expect a David versus Goliath type of situation when two guys file a lawsuit against a huge corporation like Activison. According to the company's financial statements, Activision earned 4.58 billion in revenue back in 2009. While all of that money doesn't translate in to profit, it is enough to afford an excellent legal team to fight the company's battles.
Activision's legal team's biggest focus these days is most likely the current lawsuit against former Infinity Ward bosses Jason West and Vince Zampella. Last month Electronic Arts was added to the suit. With this recent addition of EA to the suit, West and Zampella are now claiming that Activision is trying to win by attrition.
According to the latest legal filing by West and Zampella acquired by Kotaku, the pair claims that Activision knew about EA's involvement as early as six months ago. They argue that by waiting to add EA to the suit until this close to the May trial date, Activision's goal was to delay the trial until a later date. That wouldn't seem to be a big deal at first, but paying legal council for however many more months is something that is going to be taxing on their income. In the filing, West and Zampella mention that they are paying for this out of their own pockets, and that the case has already cost them more than both of their salaries combined.
The pair went on to say that this suit is creating a burden on getting their new studio, Respawn Entertainment, up and running the way it should:
"Any delay of the trial in this lawsuit would increase the financial and non-financial burdens and would continue to distract us from running our business and earning a living."
The Los Angeles Superior Court will decide sometime later this month regarding how to proceed with this case. If what West and Zampella report is true, it seems that what Activision is doing, while legal, is not exactly playing fair. Regardless of whoever is right and wrong in this case it should be decided by the courts and not won on a technicality because Activision has more money to throw at the problem.
If this case does get extended, what will happen to West and Zampella if they run out of funds? Will EA back their new partners, or will they be left on their own? Readers, what are your thoughts on these tactics from Activision? Please let us know your thoughts in the comments.
Source: Kotaku, MSN