Bethesda Loses Appeal on Preliminary Injunction Against Interplay

October 27, 2011 -

Bethesda has lost another round in its legal battle with Interplay over the company's Fallout-themed massively multiplayer online game. The Fallout 3 developer was denied a preliminary injunction against Interplay by the courts in September. It appealed the ruling, but yesterday that appeal against the lower court's decision was also rejected.

According to documents from the United States Court of Appeals, Bethesda hoped to prove that the "district court abused its discretion and misapplied the law in concluding that Bethesda failed to establish a likelihood of irreparable harm." One of Bethesda's key points was that Interplay's financial stability would hinder it from being able to pay any applicable damages should it prove successful in halting the MMO's production.

The dispute stems from a $5.75 million deal for the Fallout license in April 2007. When Bethesda bought the IP, it agreed to give Interplay the rights for an online Fallout game on the condition that "full scale development" should start with at least $30 million in funding within two years.

In April 2009, financial documents from Interplay revealed that Bethesda intended to take legal action to prove that these obligations had not been fulfilled.

The purpose of the injunction was to halt production on Interplay's MMO until the matter could be resolved in court. The district court sided with Interplay, saying that Bethesda failed to prove Interplay's game was damaging to its business.

Source: GI.biz


Comments

Re: Bethesda Loses Appeal on Preliminary Injunction Against ...

Ironically this lawsuit may be worse for their business than interplay....


 
Forgot your password?
Username :
Password :

Shout box

You're not permitted to post shouts.
Andrew EisenWell, it was designed to do that; it had a GBA port and everything. The DSi and on do not.07/28/2014 - 3:06am
Sleakerhmmm that's odd I could play GBA games natively in my original DS.07/28/2014 - 1:39am
Matthew Wilsonbasically "we do not want to put these games on a system more then 10 people own" just joking07/27/2014 - 8:13pm
MaskedPixelanteSomething, something, the 3DS can't properly emulate GBA games and it was a massive struggle to get the ambassador games running properly.07/27/2014 - 8:06pm
Andrew EisenIdeally, you'd be able to play such games on either platform but until that time, I think Nintendo's using the exclusivity in an attempt to further drive Wii U sales.07/27/2014 - 7:21pm
Matthew WilsonI am kind of surprised games like battle network are not out on the 3ds.07/27/2014 - 7:01pm
Andrew EisenWell, Mega Man 1 - 4, X and X2 are already on there and the first Battle Network is due out July 31st.07/27/2014 - 6:16pm
MaskedPixelanteDid Capcom ever give us a timeline for when they planned on putting the Megaman stuff on Wii U?07/27/2014 - 2:23pm
MaskedPixelanteIf by "distance themselves from Google Plus" you mean "forcing Google Plus integration in everything", then yes, they are distancing themselves from Google Plus.07/26/2014 - 12:20pm
MechaTama31I wish they would distance G+ from the Play Store, so I could leave reviews and comments again.07/26/2014 - 11:03am
Matthew Wilson@pm I doubt it. Google seems to be distancing themselves from G+07/25/2014 - 9:31pm
Papa MidnightGoogle+ Integration is coming to Twitch!07/25/2014 - 8:41pm
MaskedPixelanteThis whole Twitch thing just reeks of Google saying "You thought you could get away from us and our policies. That's adorable."07/25/2014 - 2:52pm
Sleaker@james_fudge - hopefully that's the case, but I wont hold my breath for it to happen.07/25/2014 - 1:08pm
SleakerUpdate on crytek situation is a bit ambiguous, but I'm glad they finally said something: http://www.gamesindustry.biz/articles/2014-07-25-crytek-addresses-financial-situation07/25/2014 - 1:07pm
E. Zachary KnightMan Atlas, Why do you not want me to have any money? Why? http://www.atlus.com/tears2/07/25/2014 - 12:06pm
Matthew WilsonI agree with that07/25/2014 - 10:45am
james_fudgeI think Twitch will have more of an impact on how YouTube/Google Plus work than the other way around.07/25/2014 - 10:22am
IanCWelp, twitch is going to suck now. Thanks google.07/25/2014 - 6:30am
Sleaker@MP - Looked up hitbox, thanks.07/24/2014 - 9:40pm
 

Be Heard - Contact Your Politician