Interplay Countersuing Bethesda

October 19, 2009 -

The Fallout continues in court between Bethesda and Interplay over the deal that gave Betheda the rights to Fallout 3, Fallout 4 and Fallout 5.

According to a post on the Raging Bull forums by a user named frymuchan, Interplay has gotten a 10-day extension to answer a preliminary injunction filed by Bethesda. The crux of the issue seems to be that Bethesda is upset that Interplay started selling the original Fallout games after Fallout 3 was released. Interplay asserts that it retained those rights when it licensed out the future Fallout games to Bethesda.

Also, the post mentions that Interplay is countersuing Bethesda over assertions that Bethesda made to third parties in reference to the licensing agreement, hurting Interplay's business.

In regards to the Fallout MMO:

Interplay is stating that they fulfilled all rights of the agreement and told Bethesda such in a letter that posted prior to the agreement date in April of 2009, but Bethesda suddenly told Interplay, for no good reason, that they can no longer develop Fallout MMORPG. (Thus, Interplay is implicityly acknolwedging that they raised the requisite 35 million, which is very, very good news). Interplay was not allowed to sublicense the Fallout MMORPG out, as part of the original agreement, but Interplay craftily avoided this by not assigning any rights to Masthead Studios. Masthead studios is simply a technology and finance raising venture. Masthead does not get any rights to Fallout and was not sold Fallout MMORPG (sublicensing).

Frymuchan, who makes no secret that he is pro-Interplay, posted a followup as well:

What really blew me away was that Interplay argued in their court documents that Bethesda breached the contract and messed with Interplay every step of the way (such as sending letters to everyone that Interplay tried to sell the original Fallout games to) to such an extent that the contract is now null and void and therefore the former contract is in effect which states that Interplay owns the Fallout license and Bethesda sublicenses it and only has rights to Fallout 3 and Fallout 4 and Fallout 5. Instead of Interplay oweing Bethesda royalties from Fallout MMORPG, Bethesda should pay Interplay royalties from Fallout 3, in excess of 15-20 million (estimated) as well as damages to Interplay's name, etc. What an amazing, brilliant legal stroke that would be if Interplay pulled this off and REGAINED the Fallout license (AMAZING LEGAL SWITCHAROO) and to boot got a huge, huge settlement from Bethesda to use toward remaking their old games and/or toward Fallout MMORPG.

It will be interesting to see how this plays out in the courts, since there is obviously no love lost between Interplay and Bethesda, particularly given the huge success of Fallout 3 and the subsequent calmor over the revelation of the Fallout MMO. We'll continue to follow this once the 10-day extension is up.


Comments

Re: Interplay Countersuing Bethesda

My opinion IS fact. Deal with it.

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I LIKE the fence. I get 2 groups to laugh at then.

-------------------------------------------------- I LIKE the fence. I get 2 groups to laugh at then.

Re: Interplay Countersuing Bethesda

You've lost what little credibility you had left with a statement like that.

Re: Interplay Countersuing Bethesda

Like I care if I have credibility in your eyes. Get over yourself.

Come to think of it, who the hell ARE you anyway?

--------------------------------------------------

I LIKE the fence. I get 2 groups to laugh at then.

-------------------------------------------------- I LIKE the fence. I get 2 groups to laugh at then.

Re: Interplay Countersuing Bethesda

if ti had more balance and equipment it not be a shallow shoot fest like bioshock >>


Until lobbying is a hanging offense I choose anarchy! Stop supporting big media and furthering the criminalization of consumers!! http://zippydsmlee.wordpress.com/


Copyright infringement is nothing more than civil disobedience to a bad set of laws. Let's renegotiate them.

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http://zippydsm.deviantart.com/

Re: Interplay Countersuing Bethesda

I've also only ever played ONE game more buggy, glitchy and down-right broken straight out of the box. Ironically this game was Call of Cthulhu:Dark Corners of the Earth, also by Bethesda. At least they sorta fixed FO3 mind, they just abandoned CoC and let the fans make patches to get past a couple of game-killingly broken sections.

Well, more accurately, Bethesda refused to finance the developers to make the patches.

--------------------------------------------------

I LIKE the fence. I get 2 groups to laugh at then.

-------------------------------------------------- I LIKE the fence. I get 2 groups to laugh at then.

Re: Interplay Countersuing Bethesda

beth just published COC, and damn that was one fo the ebtter games I have ever palyed bugs be damned, FO3 sucks in comparasion...


Until lobbying is a hanging offense I choose anarchy! Stop supporting big media and furthering the criminalization of consumers!! http://zippydsmlee.wordpress.com/


Copyright infringement is nothing more than civil disobedience to a bad set of laws. Let's renegotiate them.

---

http://zippydsm.deviantart.com/

Re: Interplay Countersuing Bethesda

Yeah, but my point is that Bethesda refused to grant additional funding for the game to actually ensure it WORKED, and then when it emerged it was badly broken and needed patching, refused to fund the development of the patching, and eventually forced the developers to shut-down.

--------------------------------------------------

I LIKE the fence. I get 2 groups to laugh at then.

-------------------------------------------------- I LIKE the fence. I get 2 groups to laugh at then.

Re: Interplay Countersuing Bethesda

Ah is not modern media grand?


Until lobbying is a hanging offense I choose anarchy! Stop supporting big media and furthering the criminalization of consumers!! http://zippydsmlee.wordpress.com/


Copyright infringement is nothing more than civil disobedience to a bad set of laws. Let's renegotiate them.

---

http://zippydsm.deviantart.com/

 
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Andrew EisenThat's actually a super depressing thought, that a bunch of retweeters are taking that pic as an illustration of the actual issue instead of an example of a complete misunderstanding of it.09/01/2014 - 4:20pm
Andrew EisenObviously, the picture was created by someone who doesn't understand what the issue actually is (or, possibly, someone trying to satire said misunderstanding).09/01/2014 - 4:10pm
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Andrew EisenSleaker - No. No, not even remotely. The pic attached to my tweet was not made by me; it's not a statement I'm making. It's an illustration of the complete misunderstanding of the issue my tweet is referring to.09/01/2014 - 3:13pm
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