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Pachter: West and Zampella won’t be awarded the rights to Call of Duty

Wednesday, 6th April 2011 04:10 GMT By Brenna Hillier

Industry analyst and legal-eagle Michael Pachter has said Infinity Ward founders Jason West and Vince Zampella have buckley’s chance of getting hold of the Call of Duty rights.

The outspoken Wedbush Morgan analyst, who holds two law degrees, told Industry Gamers the pair have “no prayer of obtaining control of the brand” – which they never actually owned.

“As it happens, they have never claimed that they ‘own’ the brand; instead, they claim that they were granted creative control over the brand under their employment agreement,” he explained.

“These are two completely different things. Their creative control was clearly intended to be in effect only while they were employees, and the day that their employment terminated, their creative control ended”.

Pachter said West and Zampella are confusing the issue by requesting both damages and control of the Call of Duty brand, because their claim on the latter is intrinsically linked to their employment with Activision.

“If they want their old jobs back, they can ask for them, but they didn’t do so,” he clarified.

“Instead, they are blending the two concepts of legal and equitable remedies, asking for damages and asking for control over the Call of Duty brand, but not asking to be reinstated as employees.

“The law just doesn’t allow stuff like that, as it would be unreasonable to require Activision to grant control over its valuable property to unrelated third parties.”

West and Zampella are embroiled in an ongoing suit against Activision for unpaid Modern Warfare 2-related bonuses. Activision has countered with a suit claiming EA and the two former Infinity Ward heads co-operated against the publisher in breach of contract.

Thanks, Joystiq.

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6 Comments

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  1. The1stMJC

    I didn’t know they wanted Call of Duty just thought they wanted their money.

    #1 3 years ago
  2. Gekidami

    I’m pretty sure they wanted the Modern Warfare brand on its own, not CoD.

    #2 3 years ago
  3. The1stMJC

    ok that makes a little more sense

    #3 3 years ago
  4. TD_Monstrous69

    Hey kids, it’s the no shit sherlock statement of the century from Michael Pachter. Of course Zampella and West won’t get the rights to Call of Duty as a whole. I do think though Activision just might owe them those bonuses that weren’t paid.

    #4 3 years ago
  5. Gekidami

    ^ Thats all Pachter does, he either states the obvious, or is wrong. Its sort of like a scam when you think about it, he’s got people believing that he’s good at predicting stuff when he’s really just stating stuff everyone else could tell. And ofcourse people pay him for that, which is the scam part.

    #5 3 years ago
  6. Freek

    Aim high, settle out of court and nobody speaks about it ever again.

    #6 3 years ago