Blacks Ops II potentially in breach of Infinity Ward contract

The setting for Treyarch's upcoming Call Of Duty: Black Ops II could be in breach of a contractual agreement between Infinity Ward and Activision.

An Infinity Ward Memorandum of Understanding sets out that Activision retains control of all Call Of Duty games, excluding those set in "modern day (post Vietnam), the near future or distant future".

While the contract's wording is clear, it is unlikely that Activision would press ahead with development of a game that could land it in legal trouble. And with as the MOU was signed prior to all three founders leaving the company (studio directors Vince Zampella and Jason West were fired for alleged illegal dealings with rival publisher Electronic Arts, while Grant Collier joined Activision) it may be that it no longer stands.

Both Activision and Treyarch have declined to comment as the contract as it relates to the ongoing legal spat between the publisher and Infinity Ward.

In March, a Los Angeles State Superior Court Judge dismissed one of two fraud charges brought against Activision by West and Zampella.