It appears Activision may have violated a Memorandum of Understanding from Infinity Ward which could land the company in legal trouble.
The gist of the story (which can be read in full at Game Informer) is that Infinity Ward’s Memorandum of Understanding (MOU) states that any Call of Duty games set after Vietnam will be exclusive to Infinity Ward. This includes any modern day, near future or distant future settings. As you now know, Black Ops 2 will take place in the year 2025.
“Considering that the trial is yet to happen, it’s unclear if Activision could land itself in legal trouble thanks to Black Ops II’s futuristic setting. Game Informer spoke with Eric Chad, an intellectual property attorney with the firm Merchant & Gould. Regarding Activision’s punishment if Zampella and West win the lawsuit, Chad said “[Pulling Black Ops II from the shelves] is likely a possible remedy.” Read the full report at Game Informer.