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AspectVoid
10-07-2005, 06:25 AM
Gamespot (http://www.gamespot.com) has an article up on their site detailing Activision countersueing Spark (http://www.gamespot.com/news/6135204.html) over Call of Duty: Finest Hour and the sequels that Spark will not be making.

However, Activision's countersuit goes beyond Finest Hour's problems and failed sequel negotiations. It accuses Spark of "unlawful appropriation of Activision's trade secrets" in the form of development kits and six other computers that contained source code created by the publisher--kits Spark kept post-Finest Hour development. "Spark's refusal to return Activision's source code and other material is particularly disturbing because Spark contends it is currently developing products for Atari, and Spark's use of Activision's property to that end would not only be unlawful, but also it potentially could turn Atari into an unwitting violator of Activision's rights," reads the countersuit.
It's going to be interesting seeing how this turns out. I'm sorta rooting for Activision to be right, as its not often you see the big dog in these things being right.
kokyunage
10-07-2005, 08:02 AM
Rooting for activision...are you a fascist?
Nikells
10-07-2005, 08:06 AM
No more World War 2 games I beg you!
AspectVoid
10-07-2005, 08:13 AM
Rooting for activision...are you a fascist?

Not at all. I just find that if one side always wins, there's no drama to the game. Look at Baseball. The Yankees have been a dominant team for so long that its just not interesting to have them in the playoffs anymore.
Tia
10-07-2005, 08:29 AM
You are aware that not always the "underdog" is right, and many times the "underdogs" abuse that status by making unlawful and shady business trusting their status as "underdog" to protect them.

Don't auto side with the "small misrable developer" they are not always right.
AspectVoid
10-07-2005, 08:46 AM
I've been around gaming forums for a long time now, and the majority of the people I've run into support the underdog little developer. And a lot of the time, these things are settled out of court with the big dog paying the little one something, giving the impression of guilt. Its nice to see something like this, simply because of how rare it is.
Wonka
10-07-2005, 09:30 AM
Except that after Activision does this, then all the developers will be more afraid to stand up to their ham fisted publisher overlords.

Just to be perfectly clear. I hate Activision. They can rot in hell. I'm rooting for Spark simply because of my undying eternal hate for the evil that is Activision.
omnithrope
10-07-2005, 09:43 AM
Not at all. I just find that if one side always wins, there's no drama to the game. Look at Baseball. The Yankees have been a dominant team for so long that its just not interesting to have them in the playoffs anymore.

How about rooting for the party that's correct?
This is just silly.
AspectVoid
10-07-2005, 09:55 AM
How about rooting for the party that's correct?
This is just silly.

Not silly, just total disdain for how easy it is to bring bullshit lawsuites against anyone. I no longer view civil trials as anything more then pure entertainment. Therefore, I root for an entertaining process, as in these things, there's really no right or wrong.
Knite
10-07-2005, 10:37 AM
Hmmm... taking electronic assets, as well as physical computers?

Sounds more like code theft and actual system theft than fivolous lawsuit to me.
The Iron Weasel
10-07-2005, 10:57 AM
Except that after Activision does this, then all the developers will be more afraid to stand up to their ham fisted publisher overlords.

Just to be perfectly clear. I hate Activision. They can rot in hell. I'm rooting for Spark simply because of my undying eternal hate for the evil that is Activision.

Whats so wrong with activision?
Demo_Boy
10-07-2005, 12:27 PM
Well I read the article.
I would assess that Spark got a big contract out of great luck and a great pitch.
Then they realized there was not enough people to make the game but struggled to do their best.
The delay on delivering the original product seemed accounted for -- they came out during the xmas rush, so assuming a delay was well assessed by Activision.
While they are grinding out the last of the bugs Activision asks for a proposal and Spark rushes it out.
Definetly seems ideas leaked from Spark through Activiision about the Big Red one -- thats bad on Activision there.
Activision cans the sequel development since they were dissapointed about the amount of outsourcing they had to do to finish it. Waas it really a surprise to anyone that they were done with Spark?
Anyway spark sees that their pitch got leaked so they trump up a suit, then of course Activision comes up with a bigger more costly suit to crush Spark to oblivion.
As far as the kits go did they ever formally ask for them back?
And how much of a coders brain does the publisher own -- oh noes he works for our rival he might use the same hello world code -- violation!

Go Spark!