The case was initiallybrought as a countersuitto Zampella and West's March 2010 action against Activision for their sudden termination from Infinity Ward, a subsidiary of Activision. The pair alleged in court documents that Activision had conducted an “Orwellian” campaign of unexplained investigations (which is technically more “Kafkaesque” than “Orwellian,” but they were under some stress at the time).
Activision justified the investigation – which included demands for personal computers and cell phones to be handed over, and a six-hour interrogation session in a windowless room – with the oblique remark that the pair “already have a clear understanding of what they have or have not done.”
Collusion with EA
Above: Activision contends that EA hoped CoD's loss would be MoH's gain
The results of that investigation are now coming out in court, with Activision accusing EA of attempting to set up a new company made up of ex-Activision/Infinity Ward employees, draining the Call of Duty franchise of its key talent. EA flew West and Zampella to San Francisco for a meeting with their CEO, John Riccitiello, as part of “secret negotiations” toward the plan, at Riccitiello's home between West/Zampella, Electronic Arts and leading LA talent managers Creative Artists Agency.