Former Infinity Ward studio heads Jason West and Vince Zampella have added the claim that Activision defrauded them in their on-going lawsuit against their former publisher, according to a new report at GI.biz.
According to the complaint, the duo secured a contract with Infinity Ward through a "Memorandum of Understanding" with the publishing giant.
"To protect its interest in consummating its merger with Vivendi Games, Activision needed to do everything it could to keep West and Zampella content with their responsibilities and compensation at Infinity Ward. This gave West and Zampella considerable bargaining power in their negotiations with Activision," reads the amended complaint.
The memorandum gave West and Zampella significant bonuses and control over the studio in exchange for their loyalty to the company.
The complaint alleges that Activision failed to honor its side of the bargain despite Activision CEO Bobby Kotick's continued assurances that it would be impossible for the duo to get fired.
"While paying lip-service to West's and Zampella's creative authority, in 2008 and thereafter, Activision began secret development of Modern Warfare and Call of Duty games and related products, and undertook other conduct in relation to these two video game franchises that, under the MOU, required prior approval from West and Zampella.
"Activision did not inform West or Zampella of such plans or seek their input or approval for them. Indeed, while breaching the creative authority provisions of the MOU, Activision continued to pay lip-service to them, in an attempt to mask its secret development efforts."
West and Zampella are suing Activision for $36 million. The publisher is in turn countersuing the duo, along with their new publisher Electronic Arts for $400 million.