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Activision Accused Of Trying To Kill Off Indie Studio

Gamespot is reporting on a lawsuit pending between Call of Duty: Finest Hour developer Spark and Activision. Spark claims that Activision broke the contract they had signed with the publisher. From the article: "According to Spark, the agreement it signed with Activision called for it to make three games, the first of which was Call of Duty: Finest Hour. However, in its complaint, Spark alleges that over the next two years, 'Activision induced Spark into reducing and delaying certain of its rights under the contract by falsely promising that it would continue to partner with Spark to develop the second and third titles in the Finest Hour line, when in fact Activision had already decided to bring the development of the sequel in-house at Activision so it could realize an even higher level of profit on the sequels than it had on the original game.'"

29 comments

  1. Ha! by Anonymous Coward · · Score: 0

    The word surprise seems somehow lacking should these alegations prove to be true.

  2. Looks like yet another reason... by RM6f9 · · Score: 3, Interesting

    ...to support independent (or at least smaller) game makers.

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    1. Re:Looks like yet another reason... by Moofie · · Score: 1

      Uh, how?

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      Why yes, I AM a rocket scientist!
  3. Huh? by Anonymous Coward · · Score: 0, Funny
    Activision Accused Of Trying To Killing Off Indie Studio

    Indie or Indian? Because you are very much sounding like bad grammar.

    1. Re:Huh? by WilliamSChips · · Score: 1

      Indie is a common word meaning "independent"

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      Please, for the good of Humanity, vote Obama.
    2. Re:Huh? by Anonymous Coward · · Score: 0

      Indie is a common word meaning "independent"

      That wasn't the point. The error was "to killing", in case you didn't spot it. Stereotypically Indians make "-ing" mistakes in English, the usual example being "Thanking you" rather than "Thank you". I've heard that first-hand from real Indian people. I guess it's either different grammer that's close enough it's a natural mistake or a different idiom (short for "I am thanking you"?).

      The other frequent Indian mistake is to use the word "doubt" instead of "question" when "doubt" isn't appropriate. I guess the Indian word for question is similar to "doubt".

  4. Pretty damning... by malchus6 · · Score: 2, Insightful

    If this proves to be true, anywhere near the level of the complaint, i think it will really tarnish Activision's name in the industry when it comes to working with indie development houses (which has been pretty good so far.

    Of course we only have one side as we get the usual corporate response of "we dont comment on pending litigation", but this looks pretty calculating on Activision's side. Hire the developer, feed them BS after they develop a top selling game, make they sign reduced agreements, slowly break them down, have them submit ideas, reject them, then hire away developers and cancel their contract... I am surprised they only sued for $10million...

    --
    You can fool some of the people all of the time ... and those are the ones you should concentrate on.
    1. Re:Pretty damning... by Iriel · · Score: 3, Insightful

      And that's the problem with mainstream game development right now. I frequently hear of independant studios being required to sign away all rights to itellectual content as the accepted norm just to get work. If $studio['foo'] won't sell out then $studio['bar'] certainly will because mainstream game publishers want to minimize production/development costs in any way they can to maximize profit. "If you don't want to work for us, we can just make a sequel to another game until you change your mind" is the basic corporate attitude towards hiring video game developers right now, and in a lot of games, it's starting to show.
      </gripe></bitch></moan>

      That's just my opinion.

      --
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    2. Re:Pretty damning... by KillShill · · Score: 1

      what ever happened to Gathering of Developers?

      or did it just turn into a Gathering of Corporate Whores?

      --
      Science : Proprietary , Knowledge : Open Source
    3. Re:Pretty damning... by The+Evil+Couch · · Score: 2, Interesting
      I don't think it'll have quite as much impact as you think.

      It doesn't really matter if their name is tarnished and developers feel that they're a bunch of bastards. It's not like the beginning of the graphically-oriented games, where there were only a few people that could code something that people would play.

      decent game programmers and artists are dime a dozen now. it's no longer an arcane art understood by few. hell, they have college courses for it now. instead of publishers scrambling to pick up developers, developers are fighting to get someone to publish their work.

      this fits in with the problems that all skilled-laborers have run into before. I wouldn't be surprised if we saw a programmers' union in the next few years.

  5. I didn't know Activision even made games... by Anonymous Coward · · Score: 0

    other than Tony Hawk and Spiderman.

    Even more ironic is that Activision was originally founded as a way to escape the bureaucratic Atari corporation and the way they treated their in house development teams.

    1. Re:I didn't know Activision even made games... by MaineCoon · · Score: 3, Informative

      Activision does do development; they own multiple studios, but those studios have their own brand name - Raven, Neversoft, Treyarch, to name a few.

      It's not much different than EA and Ubisoft, except that Activision prefers to spread their people out, and retain a 'studio' name, whereas EA and Ubisoft prefer to group studios together for shared resources under larger campuses.

      The benefits and negatives are different for each: 'boutique' studios like Activision does means there is little room for change at each studio, they will each do 1 or 2 games at a time, tops, and often specialize in the same kind of game (Neversoft doing Tony Hawk, and Raven doing FPS games, for example). The studios and teams are smaller, and there is not much cross-studio tech sharing.

      EA and Ubisoft's style allows for multiple teams and therefore multiple titles at one studio, allowing more options for the people at the studios. Building a larger studio also makes feasible larger benefits like on-site cafeteria, sports field, and a gym. The downside is a perceived loss of 'individuality', but the public seems to care about that more than the employees (I know from personal experience, the benefits at the large companies rocks the socks off anything small companies struggle to provide).

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  6. A quick (perhaps flawed) analysis.... by Rahga · · Score: 4, Insightful

    I have a feeling that Spark's main goal in doing multiple expansion packs would be to get the consumers to buy into multiple games with similar content, with the next two expansion packs costing a lot less than the first... To which I would have to say... Ugh. Call of Duty fanboys must be even more nuts than Sonic or Transformers groupies.

    1. Re:A quick (perhaps flawed) analysis.... by superpulpsicle · · Score: 1

      After buying/playing united offensive, I still have a bad after taste from the expansion pack.

  7. I'm not a grammar Nazi or anythting... by j-turkey · · Score: 1

    I'm neither a grammar Nazi, nor is my grammar particularly good, but I wonder if the poor wording in both the /. headline and the article text is indicative of the direction that that Internet news is headed:

    Activision Accused Of Trying To Killing Off Indie Studio
    The headline error is obvious.
    Activision induced Spark into reducing and delaying certain of its rights under the contract

    I don't see any glaring errors there, but it just seems wordy. Why not "...Activision induced Spark into reducing and delaying certain rights granted under the contract..."?

    Finally, as I type this and scan the headline above this, I see:

    The Register has a good commentary about blocking Chinee IP space and some of the pros and cons surrounding that action

    I know that these aren't all /. typos, but what's up with /. editors lately? Do they wear lots of other hats and are too busy to do a careful job, or are they just lazy?

    --

    -Turkey

    1. Re:I'm not a grammar Nazi or anythting... by KillShill · · Score: 2, Funny

      they just induced the readership into delaying certain rights by falsely promising they would edit the article summaries.

      --
      Science : Proprietary , Knowledge : Open Source
    2. Re:I'm not a grammar Nazi or anythting... by Anonymous Coward · · Score: 0

      "delaying certain of its rights" is the actual legalese that is used when filing with the courts.

  8. it's been done before by others by xenomouse · · Score: 1, Informative

    I was reading an article way back (as in four-years-way-back) about the failure of the sega dreamcast. The author mentioned that one contributing factor was that Sega was notorious for stealing ideas from other game developers. They would meet with a game developer, which would pitch a game to them. There would be artwork, digital renderings of characters, and sometimes video. Sega would get interested, feign loyalty towards the game developer, and when they had enough info, they would cut ties with the game developer and make their own knock-off. It obviously became a gamble for game developers to enter into a relationship with Sega. Piss off enough game developers, who are already interested in the next-gen consoles (PS2, XBox, GameCube), and you have a recipe for sucky games and a shortened life cycle.

    Related link, but i don't believe it's the one i originally read. Respect the Gord.

    1. Re:it's been done before by others by Anonymous Coward · · Score: 0

      Yup. Yahoo! did this to at least 4 mobile game developers (that I know of).

  9. EA did same with Desert Combat team... by Anonymous Coward · · Score: 0

    ...as far as I understood it anyways. Buy Desert Combat team, pay them to work on BF2, sort of, fire all of them, then release BF2 and make lots and lots of dollars.

    I know the DC guys got some decent bucks, but you KNOW EA cleaned up on the whole deal.

  10. And in other news by EMH_Mark3 · · Score: 2, Funny

    Slashdot accused of trying to killing the english language.

    --
    Burn the land and boil the sea, you can't take the sky from me
  11. Yay by oman_ · · Score: 2, Insightful

    Things like this really make me wonder why anyone but the big studios WANT to develop big budget titles anymore. It's a huge risk and if your game happens to be a hit you're still going to get f'd in the arse by your publisher and not see the majority of the profits. It just sounds like a horrible business idea to do this.

    It's painfully obvious that people want to play simpler, well done games... why don't the studios tell the big publishers to screw off and go make something that's not going to require huge amounts of funding?

    Unfortunately (to answer my own question here) I have a feeling that lack-of-creativity isn't just isolated to the big publishing houses... this is what I'd imagine if a modern game studio tried this.

    Boss: "Ok guys, we need to come up with a small game that's going to be fun to play and different!"

    Programmer 1: "I know.. how about an FPS with... grenade launchers!"

    Designer : "Pah... that's TOTALLY been done before!... we need something ORIGINAL like.. an fps with high tech microwave weapons."

    Programmer 2: "I had this weird idea once. How about a game where you roll stuff up into a little ball... and the ball gets bigger and bigger until you're rolling up stuff like buildings!"

    Boss, Designer, Programmer1: "GHEY!!! What's WRONG with you?!? Go back to kindergarten n00b"

    --
    Rats would be more funny if they could fart.
    1. Re:Yay by Morgalyn · · Score: 1

      I would be overjoyed to see more titles like Katamari.. fun to play with simple controls, doesn't require large chunks of time to play (its easy to pick up and put down), no extreme failure, and no attempts to be more than what it is. It's also sneakily educational.

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      Well, you know
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  12. Be careful what you agree to by Lonewolf666 · · Score: 2, Insightful

    Activision induced Spark into reducing and delaying certain of its rights under the contract by falsely promising...
    Assuming this is true:
    Shows what you get from relying on promises from managers. Never give something away without getting the promises in writing.

    --
    C - the footgun of programming languages
  13. troll? by Anonymous Coward · · Score: 0

    how'd this post get marked as a troll?