By on 9 May, 2012 at 5:00 PM
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Black Ops 2 Might Never See The Light Of Day

Black Ops 2 Might Never See The Light Of Day

Activision’s recently announced Call of Duty: Black Ops 2 might land the publisher in hot water for allowing Treyarch to set their sequel to Black Ops in the near future of 2025.

This is according to reports based on legal documents that were obtained, containing Modern Warfare developer Infinity Ward’s Memorandum of Understanding with the publisher.

The Memorandum of Understanding — which is a formal alternative to a gentlemen’s contract rather than a legally binding contract — states that Activision agreed with Infinity Ward that the studio held exclusive rights to all Call of Duty games set in the “modern day (post-Vietnam), the near future, or the distant future”.

Eric Chad, an intellectual property attorney at Merchant & Gould said that the outcome of the coming court battle between Activision and former Infinity Ward heads Frank West and Vince Zampella could decide the fate of Black Ops 2. If the former heads, accused by Activision of insubordination, were to get one over on their old publisher which they claimed dismissed them unfairly, then [pulling Black Ops II from the shelves] is likely a possible remedy,” said Chad. “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 loyalty.”

He added: “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.”

I’m curious as to why Treyarch don’t just drop the “Call of Duty” title from the game, which has gone from being something to be proud of, to something to mock and berate, in recent times. To my knowledge, that would be problem solved?

Unless there’s obviously deeper explanations of how Treyarch were to carry out their operations, in that agreement. And it’s not as if Activision can’t afford to spend a few millions on damages anyway, considering how much they’re bound to make with Black Ops 2. Or the worst happens and it gets pulled entirely.

Do you think that’s a possibility?

Source: GameInformer
Via: CVG

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Name: Caveshen "CaViE" Rajman
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  • http://egamer.co.za Dean Oberholzer

    Well wasn’t the Modern Warfare meant to be a trilogy only? Where the third one has come and gone, so whether that agreement means anything anymore — who knows?

    • AG_Sonday

      But a trilogy means only 3 games which means that next year they’d have to do something at least a little bit different which is as blasphemous as calling Jesus a magician who specialised in Bar Mitzvahs.

    • http://egamer.co.za Dean Oberholzer

      Yes only three games. Modern Warfare = trilogy = three games. All three done, therefore Modern Warfare is done. Technically they would need to start a ‘new’ series.

      I believe that it will come down to the contract coming to an end
      because the series is over, leaving them with whatever else is made
      after MW3, as MW, is not bound.

      That’s my view. We don’t know technicalities, though.
       

    • Treble

      God of War was supposed to be a trilogy as well and now….

    • http://egamer.co.za Dean Oberholzer

      Yes. I’m not saying that games that were trilogies will stay and should stay trilogies. Nor am I saying that games that are scheduled to be trilogies won’t have other iterations. I am saying that based on the original agreements, does Infinity Ward’s Memorandum of Understanding still constitute the same level of ‘power’ as it would have if MW3 was only being released next year?

      While they are free to create as many more games as they want, the Memorandum would relate to the original deal which saw three games, thereafter it should fall away. That’s what I am saying, essentially.

  • AG_Sonday

    This is, well pretty hilarious. Not only is MW repetitive and staganted but now it’s stopping the production of a CoD game that might be worth a damn, even if it is still CoD as we’ve com to know it.

    I’d say ditch what’s left of IW but the studio’s ludicrous adherence to that super specific MW formula and template is raking in too much revenue for Activision to even consider shutting things down. Treyarch seems to have more promise at present.

  • http://egamer.co.za/ Azhar Amien

    And this is why Call of Duty sucks I suppose, because trying to do something different is literally a problem :P

  • http://filesharingtalk.com/ SonsOfLiberty

    Cough, cough, Ass Creed was only a trilogy to right……..

    • http://egamer.co.za Dean Oberholzer

       Yah

  • http://www.facebook.com/brendon.bosch Brendon Bosch

    And so the stupidity that id COD continues. Wont be surprised if they just take the money and run though