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....


 
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Andrew EisenOkay, I'm drawing the line here. The Shout box is not for discussing other people's private lives.09/19/2014 - 10:54pm
Neo_DrKefkaI wish there was an, "I don't care." for the whole Minecraft poll thing09/19/2014 - 9:27pm
TechnogeekMy third "dart" wound up hitting a Chinese website for soccer scores, and the fourth hit Pokemon.com. Not one of those had anything to do with white guys getting harassed because they're white guys.09/19/2014 - 8:56pm
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Technogeek"While you could throw a dart at the internet and find a site where Gamers in General are being harassed, doxxed, hacked, just because they are being perceived as white males." http://www.youtube.com/watch?v=FopyRHHlt3M09/19/2014 - 8:47pm
Andrew EisenSarkeesian and Quinn continue to get harassed and attacked (with the majority of said harassment and attacks being about their gender) and so, the story stays in the headlines. If Wolfe gets swatted again, it will be in the news again.09/19/2014 - 6:56pm
Andrew EisenYou mean Wesley Wolfe? The swatting appeared to be over his DMCA takedown, not due to his color or gender.09/19/2014 - 6:53pm
ConsterSo Sleaker, what's the sand like?09/19/2014 - 6:53pm
quiknkold@CraigR. Spreading Misandry is not going to kill Misogyny. Its just going to fuel it. half the people supporting that arguement are mysoginists themselves. They just dont know it.09/19/2014 - 6:51pm
Sleaker@CraigR - there's nothing to get over. There's no issue here until someone does an actual study on harassment rates.09/19/2014 - 6:48pm
quiknkoldWe never said Gamers were the only victims. Yes, Anita and Zoe got a bad rap. Yes, Zoe's ex was way out of line. Do I disagree with them? Depends on the arguement. Did they deserve what happened to them? Hell Effing No.09/19/2014 - 6:48pm
Sleakerbut news outlets have a tendency to blow up and sensationalize it if the person can be desrcibed as a minority, maybe because it gets the hits. How long were the 2 recent swattings in the news for? 1 was a white male developer....09/19/2014 - 6:47pm
Craig R.Get over it.09/19/2014 - 6:46pm
Craig R.Gamers are just lucky that their behavior wasn't brought to attention of everybody else sooner, and gamers are pissy about that09/19/2014 - 6:46pm
SleakerIn fact, just because a few female developers every year get harassed doesn't make it systematic. As a whole developers are harassed by people.. Swatted, etc.09/19/2014 - 6:46pm
Craig R.And if you don't think misogyny and sexism is widespread, then you're living with your head buried in the sand09/19/2014 - 6:45pm
Craig R.Apparently it's the gamers who are the only victims from GamerGate09/19/2014 - 6:44pm
Sleaker@AE - 1 person getting harassed is a problem. But just because 1 person gets harassed for being a female developer doesn't mean it's a systematic problem or indicative of a whole demographic.09/19/2014 - 6:44pm
Andrew EisenI don't believe anyone said or even remotely implied that harassing anyone was okay.09/19/2014 - 6:41pm
quiknkoldGeneral are being harassed, doxxed, hacked, just because they are being perceived as white males. And what about the White Males who are victims. Its ok to harass them? Anita Sarkeesian gets a bomb threat yeah, but what about the others.09/19/2014 - 6:36pm
 

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