Activision counter suit to ex Infinity Ward Founder is a bit off

We know it just a matter of time before Activision do a counter suit against West and Zampella. In this suit, Activision claimed that West and Zampella conspired with rival competitor (most likely be EA), trying to break away from Activision and form a new studio.

A quote from 1UP.com says this.. 

 The suit, which was filed this morning and aptly described by the Los Angeles Times as reading "more like a dramatic Hollywood script," claims that West and Zampella intentionally prevented Activision from giving bonus money to other Infinity Ward developers "in order to make these employees easier to poach when West and Zampella executed their plans to leave the company and set up their own company."

It is odd. Especially they sentence "West and Zampella intentionally prevented Activision from giving bonus money to other Infinity Ward developers "in order to make these employees easier to poach when West and Zampella..."
Sure, if the money has been given to West and Zampella, and they are not distributing it to the rest of the team, then Activision has a case. But how could you blame others for preventing you from giving others money?? If you had the money, and want to give it to other people, you just give it. Nothing in this world can stop that.

When people are not happy in your company, they will probably looking for another job and it is normal, happens every time. I can understand if West and Zampella is trading company's secret, but gaming industry is about intangible assets. What can you trade? Bunch of source code? It is a creativity industry, you can have the same idea, but depending on how you make it, small details like camera, story, pacing, etc that can make the difference. So it is really depends on how you keep your star players, just like in football.

So they want out, surely if the contract doesn't say that they cannot contact EA, then West and Zampella is breaching the contract and Activision will surely win this legal battle. But if not, then what's the problem?
If Activision wants to keep the rest of Infinity Ward from being pouched, surely a billion dollar company can offer better than new startup company. 
I think Activision and Bobby Kotick is just pissed that they got the Modern Warfare 3 delayed because of this. 

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