Well, I never bought WaW because CoD3 was a pretty bad game. I borrowed WaW from a friend a little while ago to see if the campaign was any good (it wasn't) and the multi-player. (Meh)
CoD4 will always be the best CoD game in the series as far as I'm concerned. I'll still play MW2 though cause it's new and that's all my friends play these days.
Yeah, I'm betting that Activision will settle out of court cause they need the CoD franchise. It would really suck if they couldn't make MW3 and we will never know what happened to those two. I'm hoping that they've learned from all their mistakes with MW2 (i.e. no beta) and will take them into mind when they make MW3.
Btw, I'm excited for the game day on Monday! We already have several people signed up!