In all fairness, they should own the rights to the call of duty franchise, but it has been said that all call of duty games set after the Vietnam period are owned by activision, not Infinity Ward. So West and Zampella trying to steal the CoD franchise would have been illegal, whether they created it or not they are still under contract. Sure it's unfair but legally they were wrong.
Maybe i've missed something, reading
this now to catch up and try to get my head fully around it.
I just hope it's resolved soon, the games industry has had a lot of bad press recently...