Creative Artists Agency has signed ex-Infinity Ward heads Vince Zampella and Jason West, according to the L.A. Times Blog. A source said that at least one other Hollywood agency was looking to sign the duo.
Zampella and West were fired from Activision on March 1 for “insubordination” among other charges. The former executives at Infinity Ward sued Activision for unpaid wages, accusing the publisher of arrogance and greed.
We wouldn't be surprised to see the duo set up a new studio and recruit many of their colleagues at Infinity Ward. It'll be particularly interesting if Activision rival EA manages to sign their next project, or even bring them into the EA fold.
31 Comments
March 15, 2010
Infinity Ward was developed from a team who worked on the Medal of Honor series, which is now an IP acquired by EA... it would be an interesting loop if EA managed to hire these developers back.
March 15, 2010
Careful. The legal issues with Activision undoubtedly includes non-compete agreements. For EA to jump into this would require them to expose themselves to Bobby's attorney hounds.
March 15, 2010
True, the EA thing might be prevented from a legal standpoint in the short term.
March 15, 2010
Non-compete clauses were made to be broken and, according to Wikipedia, they don't even exist in California (where Activision is based). Worst case scenario they ship them off to Europe or Asia and they're probably in the clear.
If EA wants them, they'll get them...
March 15, 2010
Legal issues didn't stop EA from going after, and getting Brutal Legend. It's like Clash of the Titans, without any good guys.
March 15, 2010
Interesting, didn't know that the non-compete didn't exist in CA.
March 15, 2010
AWESOME, the people that didn't bid for them will be sorry!
The non compete clauses are ALWAYS meant to be broken. The only time you LOSE a non compete suit is when you take code or art with you, and copy it 'as-is' and don't even bother to change file field, and object names. Or if you take music and copy it.
Good old California!
March 15, 2010
My understanding is that Non-compete clauses, or employment contracts in general, are not considered enforcible in California EXCEPT in the case of a company being purchased as in the case of Activision/Infinity Ward.
A non-compete that is part of a buy-out would have teeth, even in California.
However, from the various articles, it sounds like the IW principals were operating under a renewed employment agreement, not the one that was part of their original sale to ATVI, so perhaps the renewal has more flexibility under California law.
Relocating them out of state wouldn't really address the situation, they could still be sued in California even if they are operating overseas or out-of-state.
March 16, 2010
PLAGARISM!!
Anywho, my point about shipping them overseas is that non-complete clauses have to be reasonable in both time and geographic scope so as not to exclude the person from working within their area of expertise. It can't be a global ban just like it couldn't be indefinite.
March 17, 2010
OK, lets be clear about the non-compete issue. Non-competes are enforceable in CA if the execs are equity stakeholders in acquired entities. The other issue is that technically West/Zampella are still under contract with Activision until the contract expires or is ruled invalidated by a court. And knowing Bobby, he will have his attorneys out looking for any excuse to sue a competitor who tries to sign these guys directly as employees. Again, the only way this is likely legally viable in the short term is for West/Zampella to start another new studio and then sign a publisher that does not own any equity in that studio. If EA wants them, they will get them indeed but to pick nits here, its really only viable thru EA Partners label until the legal issue with Bobby is settled.
March 17, 2010
And further on the non-compete exceptions for the state of CA. Clearly, IW was sold to ATVI for the "goodwill" value of the CoD brand. There is enough basis of argument here for Bobby's attorneys to have a lawsuit filing orgy against any competitor that directly brings West/Zampella onboard their payroll.
Per Wikipedia, CA exceptions to invalidation of non-compete agreements:
If an owner is selling the goodwill in their business. (Business & Professions Code Section 16601).
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