An attorney says the game may be pulled from shelves for violating a deal with Infinity Ward. GameInformer apparently obtained legal documents saying that the title's 2025 setting violates terms included in Modern Warfare developer Infinity Ward's Memorandum of Understanding (MOU) with the publisher. (*A MOU is a formal alternative to a gentlemen's contract)
In this MOU, Activision made an agreement with Infinity Ward that the studio held the exclusive rights to all Call of Duty games set in "modern day (post-Vietnam), the near future, or distant future". Obviously being broken by the future setting of BO2.
The court date is set to begin on May 29, 2012. The outcome of this month's court battle between Activision and former Infinity Ward heads Frank West and Vince Zampella could have serious implications for Black Ops 2 says intellectual property attorney with the firm Merchant & Gould, Eric Chad.
Chad also said If West and Zampella emerge victorious, "[pulling Black Ops II from the shelves] is likely a possible remedy," "This does occasionally happen, but I think it is much more likely that the remedy would be some sort of damages payment, like a forced royalty.
"It seems like Black Ops II is likely substantially complete. That might make it hard for the court to order them to change it. Much more likely would be either of the remedies you discussed above [Pulling the game or facing a damage payment]. Damages, in my opinion, are the most likely."
I guess we will just have to wait and see for ourselves on May 29th.