Well this just got more interesting...

Call of Duty Giant Suing Rival Over Modern Warfare Meltdown, Paints Uglier Picture

Not really surprising that EA was the publisher they were talking to...

...but what I did find surprising was how they (IW) apparently actively tried to hurt Treyarch...at least according to Activision...

Although West and Zampella preferred to portray themselves – both to the public and within Activision – as game developers often forced to battle with corporate "suits," the reality was and is much different. They were small-minded executives almost obsessed by jealousy of other developers and the thought that another Activision game or studio might share their spotlight. Motivated by envy and personal greed, West and Zampella went so far as to deliberately undermine the efforts of other developers within the Activision family and then lied about their conduct. On the same day that Treyarch released a video trailer promoting a follow-on product – a "map" pack or "downloadable content" – designed for players of Treyarch's game Call of Duty: World at War, West and Zampella released a marketing video for Modern Warfare 2 with the purpose of hurting Treyarch's and Activision's marketing efforts. Far from being remorseful, West attempted to justify his actions on the ground that Treyarch had insufficiently coordinated with Infinity Ward by stating: "We released on the same day as you because we had no clue you were releasing anything. We are not happy about it." The real truth, however, was revealed by a series of text messages between West and an Infinity Ward employee contemporaneous with the video trailers' release. The employee texted West that "treyarch released their mp dlc video." West responded: "Super nice? We release our video? Crush and destroy with our video." The employee answered: "We already did. And . . . we already did." West's following comment: "Nice." Thus, West's own words reveal his intentional strategy to "crush and destroy" his fellow developers at Treyarch.

If that is true, lame...