West and Zampella claim in their amended complaint that they remainded skeptical of this contract, as Activision had been less than committed to promises of greater autonomy and independence in the past. Through negotiations, though, West and Zampella claim they secured a deal that would see them having final say over any Modern Warfare-branded game or licensing activity.

However, as part of the final contract, Activision included a stipulation that this creative control and financial incentives were subject to West and Zampella's continued employment. The two allege that they expressed skepticism over this section, questioning whether they would simply be fired to circumvent the clause. To this concern, Kotick allegedly said to the two: "Don’t worry about it. It’s impossible for you guys to get fired.”

"While paying lip-service to West’s and Zampella’s creative authority, in 2008 and thereafter, Activision began secret development of Modern Warfare and Call of Duty games and related products, and undertook other conduct in relation to these two videogame franchises that, under the MOU, required prior approval from West and Zampella," the amended complaint reads. "Activision did not inform West or Zampella of such plans or seek their input or approval for them. Indeed, while breaching the creative authority provisions of the MOU, Activision continued to pay lip-service to them, in an attempt to mask its secret development efforts."

Speaking to GameSpot, a lawyer representing West and Zampella indicated that in addition to actual and punitive damages, the two are seeking a rescission of the MOU. If granted, Activision would co-own the Modern Warfare brand with Vince and Zampella, which would give the two the right to release their own copies of the game. A voided contract would also give West and Zampella the right to create new games in the Modern Warfare franchise, he said.