garyopa
05-09-2012, 09:15 PM
May land Activision in legal trouble...
http://www.maxconsole.com/maxconsole/contents/RKLS0000008260/icon_xl.jpg
Apparently, Activision could find itself in 'hot water' for allowing Treyarch to set Black Ops 2 in the future.
According to some legal documents obtained by Game Informer, the future setting of Treyarch’s Call of Duty: Black Ops 2 may violate Activision’s contract with Infinity Ward.
The title's 2025 setting violates terms included in Modern Warfare developer Infinity Ward's Memorandum of Understanding (MOU) with the publisher.
A MOU is a formal alternative to a gentlemen's contract, rather than a legally binding contract, according to Wiki. In this case, Activision agreed with Infinity Ward that the studio held the exclusive rights to all Call of Duty games set in "modern day (post-Vietnam), the near future, or distant future".
An attorney says the game could even be pulled from shelves for violating the deal, but paying forced royalities is the most likely scenario:
"[pulling Black Ops II from the shelves] is likely a possible remedy," Chad said. "This does occasionally happen, but I think it is much more likely that the remedy would be some sort of damages payment, like a forced royalty.
"It seems like Black Ops II is likely substantially complete. That might make it hard for the court to order them to change it. Much more likely would be either of the remedies you discussed above [Pulling the game or facing a damage payment]. Damages, in my opinion, are the most likely."
Looks like Activision will need to fix this one ASAP!
NEWS SOURCE #1: http://www.computerandvideogames.com/346859/black-ops-2s-futuristic-setting-may-land-activision-in-legal-trouble/
NEWS SOURCE #2: http://www.vg247.com/2012/05/09/report-black-ops-2-setting-in-violation-of-infinity-wards-contract/
Our thanks to 'Gauss' for this news story!
http://www.maxconsole.com/maxconsole/contents/RKLS0000008260/icon_xl.jpg
Apparently, Activision could find itself in 'hot water' for allowing Treyarch to set Black Ops 2 in the future.
According to some legal documents obtained by Game Informer, the future setting of Treyarch’s Call of Duty: Black Ops 2 may violate Activision’s contract with Infinity Ward.
The title's 2025 setting violates terms included in Modern Warfare developer Infinity Ward's Memorandum of Understanding (MOU) with the publisher.
A MOU is a formal alternative to a gentlemen's contract, rather than a legally binding contract, according to Wiki. In this case, Activision agreed with Infinity Ward that the studio held the exclusive rights to all Call of Duty games set in "modern day (post-Vietnam), the near future, or distant future".
An attorney says the game could even be pulled from shelves for violating the deal, but paying forced royalities is the most likely scenario:
"[pulling Black Ops II from the shelves] is likely a possible remedy," Chad said. "This does occasionally happen, but I think it is much more likely that the remedy would be some sort of damages payment, like a forced royalty.
"It seems like Black Ops II is likely substantially complete. That might make it hard for the court to order them to change it. Much more likely would be either of the remedies you discussed above [Pulling the game or facing a damage payment]. Damages, in my opinion, are the most likely."
Looks like Activision will need to fix this one ASAP!
NEWS SOURCE #1: http://www.computerandvideogames.com/346859/black-ops-2s-futuristic-setting-may-land-activision-in-legal-trouble/
NEWS SOURCE #2: http://www.vg247.com/2012/05/09/report-black-ops-2-setting-in-violation-of-infinity-wards-contract/
Our thanks to 'Gauss' for this news story!