Interplay vs. Bethesda: Who Owns Fallout

January 21, 2011 -

The battle in the court of public opinion continues between Bethesda and Interplay concerning who actually owns the rights to Fallout. Bethesda's Peter Hines claims they own it outright, while Interplay president Eric Caen claims that the rights will revert to them if Bethesda fights them on its MMO project.

It's a battle of he said he said on two different news outlets. On Eurogamer Caen says that if Bethesda doesn't allow them to make a Fallout MMO the rights to the franchise revert back to them after one more game. Meanwhile on VG247 Bethesda VP of PR Pete Hines states rather emphatically that his company owns Fallout:

"We own the rights to everything Fallout. The licence is ours. Fallout belongs to us. That’s what I’ll clarify," he told the outlet during a phone conversation yesterday.

Caen claims that it's bad news for Bethesda if Interplay doesn't get to make its MMO:

"We sold the Fallout IP to Bethesda in exchange for a certain amount of cash and the right to do the Fallout MMO," he said. "If they refuse to let us do the game, then the sale of the IP is terminated, and they will be allowed to do only one more Fallout, 5. But in that case, the IP will come back to us, and of course, we will complete our work and release Fallout MMO."

According to a GI.biz report, part of Interplay's agreement with Bethesda stated that it had to "commence development and secure adequate funding by April 2009." Bethesda sued the troubled firm for trademark infringement and breach of agreement in September 2009.

The agreement sounds like it's very murky and will have to be sorted out . Both Hines and Caen admit that the matter will end up being decided by a court.


Comments

Re: Interplay vs. Bethesda: Who Owns Fallout

I did some digging on the selling of the Fallout IP. Interplay has been pretty scummy already on their deal. So far they have broken many of the agreements as it is. I am hoping the courts punish Interplay hard :(

---------

James Fletcher, member of ECA Canada

Re: Interplay vs. Bethesda: Who Owns Fallout

If you go and read the history of Interplay and Titus Software which is the other company the Caen brothers owned, it's pretty clear that these guys are scumbags who led their companies into death spirals, left all the employees high and dry and are trying their best to keep Interplay on life support so they can keep drawing paycheques. I've no doubt it was their intention to sell Fallout and after it succeeded, launch this stupid stunt to try to steal it back from Bethesda. The Caen brothers are scam artists who should frankly be in jail (or at the very least broke) for what they did to those companies and their employees. I hope (and expect) they get crushed in court and lose their shirts as they deserve to.

Parallax Abstraction
Ottawa, Ontario, Canada
www.digital-lifeline.ca

Parallax Abstraction
Ottawa, Ontario, Canada

Re: Interplay vs. Bethesda: Who Owns Fallout

They were licensed back the rights to do an MMO but there were certain conditions they had to meet to retain those rights. That's what this whole legal battle is over - whether those conditions were met.  If Interplay loses this legal battle it'll be because in the judgement of the court, they didn't meet those conditions, in which case it's been some time since I read the agreement but I don't remember reading anything about the rights to Fallout reverting back to Interplay if they weren't able to meet those conditions.

The agreement granting them the MMO license is a separate agreement from the purchasing agreement so it's not even a case of "part of the purchasing agreement wasn't met so the whole thing is invalid." That just seems like a bizarre assertion to make.
---
I'm not under the affluence of incohol as some thinkle peep I am. I'm not half as thunk as you might drink. I fool so feelish I don't know who is me, and the drunker I stand here, the longer I get.


---
I'm not under the affluence of incohol as some thinkle peep I am. I'm not half as thunk as you might drink. I fool so feelish I don't know who is me, and the drunker I stand here, the longer I get.
 
Forgot your password?
Username :
Password :

Shout box

You're not permitted to post shouts.
Matthew Wilson@IAMC as I understand it they disrupted the panel. if they were kicked out just for being a part of GG I would have a issue, but from what I read that wasnt the case.04/19/2015 - 4:24pm
IanCOh and the "false premises" thing? The article on MarySue that said that went up before they got told to leave. How weird that...04/19/2015 - 4:22pm
IanCOf course the fact that group is mostly women goes against everything the antis say about GG, doesn't it? Also from what I've heard they polity asked a couple of questions at a panel, then got kicked out without even getting to pick up tier coats04/19/2015 - 4:21pm
DocMelonhead@IronPatriot You really hate GamerGate, do you. And MechaCrash already announced it.04/19/2015 - 3:17pm
Matthew Wilsonhttp://www.dualshockers.com/2015/04/17/star-wars-battlefront-gets-new-info-number-of-maps-frame-rate-heroes-customization-and-more/ they are targeting 60fps on consoles. it doesnt efect me since I will be playing it on pc, buyt still 60 fps should be norm04/19/2015 - 2:31pm
IronPatriotThey tried to drag the rotting corpse of gamergate to Calgary, but the convention organizers smelled their deception and booted them out. Politely.04/19/2015 - 2:21pm
ZippyDSMleeRyan Rardin:I already own the game I will wait till the PS4 can paly PSX/ps2 games. Really wish they would make a shrt run of 700$ all in one PSX console.....save me a ton of shelf space!04/18/2015 - 5:45pm
PHX Corphttp://www.extremetech.com/computing/203654-leaked-sony-emails-show-mpaas-opposition-to-fair-use-confirms-users-are-viewed-as-thieves Leaked Sony emails show MPAA’s opposition to fair use, confirms users are viewed as thieves04/18/2015 - 10:49am
prh99I'd happily run DBAN on all their servers and back up with a 7 pass wipe.04/18/2015 - 1:07am
Matthew Wilsonmetaphorically speaking of course04/17/2015 - 9:40pm
Matthew Wilsonhttps://soundcloud.com/totalbiscuit/brevity-is-the-soul-of-twit I agree with TB twiter is not good for anything more their links. twiter is a toxic wasteland, and I wish I can nuke it from orbit.04/17/2015 - 9:38pm
MechaCrashI can understand why Sony wants the Pokemon and Smash movie rights, but it's not hard to see why Nintendo wouldn't want to sell to them. Kinda their competitors in the console arena.04/17/2015 - 8:01pm
PHX Corp@MW We won't know until the nintendo General Shareholders meeting if the leaks(From Sony Pictures) is true or not04/17/2015 - 7:55pm
MechaCrashIn GG news: they got kicked out of Calgary Expo for getting a booth under false pretenses and disrupting panels. http://www.themarysue.com/calgary-expo-gamergate-evicted/ How long before they get thrown under the No True Scotsman bus?04/17/2015 - 7:53pm
MechaTama31EZK: Because what if I want to see that website I was looking at a while ago? Well, just keep scanning through my tabs til I see it! There's an aspect of archaeology to it, too. "Oh yeah, I was looking up how to build my own pizza oven. Good times..."04/17/2015 - 6:52pm
Matthew Wilsondo it in the art style of those trailers, and I am on board.04/17/2015 - 5:24pm
PHX Corphttp://mynintendonews.com/2015/04/17/sony-were-apparently-trying-to-get-the-rights-to-a-pokemon-and-super-smash-bros-movie/ Sony Were Apparently Trying To Get The Rights To A Pokemon And Super Smash Bros Movie04/17/2015 - 4:14pm
E. Zachary KnightCan't wait to see the new digs on Saturday.04/17/2015 - 1:41pm
Andrew EisenBy the by, I moved this week so if I dropped a comment thread or two, my apologies for leaving you hanging.04/17/2015 - 12:22pm
Andrew EisenIf I were going to buy Mortal Kombat X, I'd wait for the inevitable Game of the Year edition that includes all the DLC for an overall cheaper price.04/17/2015 - 12:22pm
 

Be Heard - Contact Your Politician