Even if Activi$ion is somehow right in this matter, i hope they lose and get sued out their asses. 

Ya know, i really didn't think the former infinity ward execs. had much of a chance to win, but if they really drag EA into this, i think they have a chance now.

According to the countersuit, there was a lot of email back and forth between both Zampella and West with EA head Riccitiello.

As we all know, once you send an email it is based on a server forever. You can't just delete them and not expect them to be found if dug for hard enough. This is equivalent to a paper trail where  no matter how much you shred it, someone can always take the time to piece it back together and use it against you in a lawsuit.

Emotions aside, if there is email evidence of West and Zampella emailing Riccitiello about projects Activision was doing at the time in 2009, then I see no way they retain any right to Call of Duty whatsoever. As for the royalties, if Activision withheld because they believed West and Zampella were conspiring with EA and the head of EA, Riccitiello, then I don't see West and Zampella getting a single penny because they broke the contract.

This is contract law we are discussing here. If one party breaks the contract, then the contract is broken, they are owed nothing, and they go their own way. Reading both complaints, it is hard not to see that West and Zampella did not break their contract with Activision.

If Activision, after West and Zampella left, refused to pay out the performance bonuses to the remaining IW members, then that is just shady. Then again, Activision would claim since they are in the midst of a lawsuit with West and Zampella along with senior members of IW leaving, then those bonuses are not under contract because the contract has been broken rendering any promised bonus a gift from Activision to IW instead of a legally, binding contractual one.

Source: http://kotaku.com/5485703/ousted-infinity-ward-founders-lawsuit-against-activision-the-court-documents/gallery/

Source: http://kotaku.com/5715854/call-of-duty-giant-suing-rival-over-modern-warfare-meltdown-paints-uglier-picture

 I do!

Agreed

Activision has almost no chance to win because everyone knows that they are suing in counter just to try to discredit the first lawsuit.

They don't want to pay promised bonus to the one that make them earn a lot of money.

When all, and I mean all, of the important members of a studia leaves at the same time it's that you are in fault. I am not talking about 5 or even 10. But it's more like 50.

Damn, West and Zampella really went on an ego-trip.

I knew Activision was going to move to make sure that even Respawn Games was crushed, such that they could use absolutely zero resources that they may or may not have brought over from Infinity Ward and would basically have to start from scratch, now it seems they have the means to do so.

The kicker will be if they hit EA with it. That would be sweet.

Much as i dislike Kotick, Activision's clearly in the right on this one. West and Zampella tried to play them for fools.

Leave awesome EA out of this!

Here's the actual legal document in neat embeddable form (i hope i'm not creating a ghost post, but we'll see)

Activision First Amended Cross Complaint

I hope Activision loses. I honestly don't think I would care if they got wiped off of the planet.