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Bethesda and Interplay settle Fallout MMO lawsuits, Interplay's rights revoked
Bethesda and Interplay have been embroiled in a legal battle for quite some time now, arguing over whether or not Interplay had the rights to create a Fallout MMO. Well, that lawsuit has finally been settled and it appears that Bethesda has come out on top. In a press release today, Bethesda announced that "under the terms of the settlement, the license granted to Interplay to develop the Fallout MMO is null and void, and all rights granted to Interplay to develop a Fallout MMO revert back to Bethesda, effective immediately." Bethesda fails to make any mention of whether or not the studio will use its freshly re-acquired rights in order to actually make a Fallout MMO, however, so the future of the online wasteland remains in flux. [Source: Bethesda Game Studios press release]
Rumor: Fallout MMO lawsuit settled, details coming this month
The ongoing legal battle between Bethesda and Interplay regarding the Fallout MMO is rumored to have reached a critical turning point. According to Fallout fan site Duck and Cover, the two companies have reached a settlement. Specifics of the settlement are reportedly set to be revealed later this month. Joystiq is unable to confirm whether or not the settlement has actually taken place, though the rumor appears to be in line with what we've heard from our own sources. In October, Bethesda tried -- and failed -- to impose a preliminary injunction on Interplay, which allowed the latter to continue work on the beleaguered project. Will the Fallout MMO manage to make its proposed late 2012 launch window? We should have an answer soon enough.
Work on Fallout MMO can continue for now; Bethesda injunction appeal denied
There's been so much written about Interplay's nebulous Fallout MMO in the context of tedious litigation, it almost seems to welcome the franchise's thorough, irradiated reduction of modern society. But for those interested in legal tussles, here's where we stand today: Fallout property owner (and former licensee) Bethesda was recently denied a preliminary injunction against Interplay, which would have denied Fallout Online use of the franchise's story, characters and other identifiable elements for a limited time. Today, an appeal against that decision was denied. United States Court of Appeals documents show that Bethesda's aim was to show "the district court abused its discretion and misapplied the law in concluding that Bethesda failed to establish a likelihood of irreparable harm." And while the property owner continued to delve into fears over Interplay's suspect financial stability (a potential source of said irreparable harm), today's outcome similarly found Bethesda's claims unconvincing. The legal saga is still far from over, as Bethesda and Interplay must still settle their polluted licensing relationship and come to a conclusion regarding the possible release of Interplay's work -- which may continue for now, but still requires "express permission" from Bethesda to launch. What state the world (both inside and outside the game) will be in by the time the courts clear things up is anyone's guess.
Bethesda fails to block Fallout MMO progress, again
The latest development in the ongoing lover's quarrel for control of the Fallout MMO seems to be something of a body blow for Bethesda. The famed Elder Scrolls and Fallout 3 RPG maker was smacked down in a U.S. District Court this week as a judge ruled that the company "unreasonably delayed in seeking relief, and that the emergency that allegedly justifies a TRO is self-created." TRO stands for temporary restraining order, and Bethesda was seeking such against Interplay and Masthead Studios, which are developing the long-awaited Fallout MMORPG. This isn't the first time that Bethesda has turned to the legal system as a way of preserving its Fallout brand. It's also not the first time the company has been denied, as a 2009 ruling allowed Interplay to continue working on the massively multiplayer version of Fallout despite Bethesda's objections.
Interplay v. Bethesda deathmatch continues
The punches keep flying between Bethesda and Interplay in the battle for Fallout Online. A recent court filing from Interplay claims that Bethesda knew good and well that its in-development Fallout MMO would (prepare for a shock!) include elements from the Fallout universe, despite Bethesda's claims to the contrary. The filing goes on to confront Bethesda's arguments that the MMO would lead to confusion amongst players of Fallout 3 due to plot conflicts between the two games. Interplay points out that this is a rather ironic statement, considering that "Bethesda contends Interplay should have created an entire game of incompatible story, characters, and art and labeled it Fallout only in name." Between this legal sparring and Interplay's financial woes, the future of Fallout Online remains to be seen.
Fallout Online newsletter tells stories and shows off new weapons
Dark humor has always been an important part of the Fallout series, being especially obvious in the first two Fallout games that Interplay developed before selling the single-player game's rights to Bethesda. Now, with the fourth edition of the Fallout Online newsletter, The Armageddon Rag, we're not only treated to some typically dark and twisted storytelling but given a peek at some of the weapons that we'll see in the wastes. Along with the 9mm Burreyetta Model 86d seen above, there are other deliciously wicked-looking bits of weaponry concept art to check out, such as the Chemblaster 3000 CDS, a special stimpak that insists "even the dead will rise" when it is used, and slightly more familiar weapons like the AKA-47. Between the art and the descriptions, we're sure any post-apocalyptic fan waiting for Fallout Online will find goodness to geek out on. Just don't greeble on yourself, OK?
"Fallout belongs to us": Bethesda lays claim to Fallout MMO
We may as well call it The NeverEnding Story 4: The Battle for Fallout. The ongoing legal struggle and corporate posturing between Bethesda and Interplay took a new turn today as Bethesda declared its biggest claim yet to the entire franchise -- including a Fallout MMO. According to Gamesindustry.biz, vg247, and Eurogamer, Bethesda's Pete Hines couldn't make it clearer: "We own the rights to the MMO. We own the rights to everything Fallout. The license is ours. Fallout belongs to us." Earlier this month, Interplay called such claims "absurd." This is troublesome for Interplay, as the studio has been hard at work on a Fallout MMO of its own, scheduled for a 2012 release. Both companies claim that they have the right to develop an online version of the hit franchise: Interplay because it retained the rights to do so when it sold the franchise to Bethesda, and Bethesda because the company claims Interplay failed to live up to the contract and forfeited its claim. While the lawyers continue to plow through this legal morass, this statement by Bethesda shows that the studio has no intention of giving up the rights to a Fallout MMO without a fight. [Update: We've clarified Gamesindustry's sources.]
The MMO Report: Good to the last drop edition
It's time once again for another freshly-brewed episode of the MMO report, where we can expect that the week's news will be roasted to a tasty, yet full-bodied finish. This week finds Casey Schreiner and the crew at G4TV touching on some of the most important -- and strangest -- news from the MMO world, as well as getting their caffeine on in Uncle Casey's Mailbag. First up, Casey reminds us why lawsuits are very silly things, and gives voice to the one thing we suspect many people fear about the legal bickering between Bethesda and Interplay over the Fallout MMO. Up next, the Blood Lord's rampage in Vindictus is on the radar (with a shout out to us here at Massively -- thanks!), proving you can't have slaughter without laughter. From there, it's on to Champions Online, and its move to free-to-play starting on January 25th, as well as news from APB's continuing free-to-play conversion. (We'd have something witty to say about those two, but we keep getting distracted by character creation. The next thing you know, hours have passed.) Finally, Casey rounds out this week's episode with a one-two punch of some truly weird news coupled with the usual dose of insanity in Uncle Casey's Mailbag, aided now with large amounts of caffeine. So grab your coffee cup, and join us behind the jump for all the best (and some of the worst) in this week's MMO Report. You can also catch it every Thursday on G4TV.
Interplay responds to Bethesda's Fallout claims, calls them "absurd"
War... war never changes. Not even when it's over an IP. The Fallout MMO has been stuck in the middle of a legal battle for roughly half of forever, and it doesn't seem like the controversy is going to stop any time soon. Bethesda's most recent filing claimed that Interplay had only licensed the rights to use the Fallout name, rather than any of the other assets that would lead to developing an MMO. Interplay has responded to this claim by calling it outright absurd. According to Interplay, the license between the companies specifically required Interplay to develop a Fallout MMO, using the name and all related assets as part of the overall experience. Using only the name and nothing else related to the franchise would be strictly against the terms of the original agreement. Although it's not clear at the moment how long this particular skirmish will take, it's obvious that both companies are still dedicated to fighting the rights out to the bitter end.
New Fallout Online newsletter sighted in the wild
Several of us here at Massively are avid fans of the Fallout franchise and have even been cheating on our MMOs with a bit of New Vegas action over the last few weeks. It should come as no surprise, then, that we keep a keen eye out for news of Interplay's upcoming Fallout Online MMO. The latest tidbit arrived in our inboxes today in the form of the third issue of The Armageddon Rag, a faux in-character newsletter that purports to inform the reader of various happenings from around the wasteland. Unlike previous issues, this one comes "electronically" in the form of a Pip Pad. The latest issue of Rag doesn't pay tribute to George R.R. Martin (as you might expect from the title) but instead features three news blurbs designed to give you a little post-apocalyptic flavor and perhaps drop a few hints to those in the know. It's also worth mentioning that you can sign up for the Fallout Online beta by registering for the newsletter on the official site. [Thanks Alex!]
Interplay claims it wanted $50 million for Fallout rights, Bethesda refused
The neverending tiff between Interplay and Bethesda over development of a Fallout-based MMO recently got a bit more backstory on the end of the former. Interplay president Eric Caen recently said in an interview with Edge that Bethesda was offered the rights to the Fallout MMO for $50 million, explaining that "the MMOG strength of this universe is huge." According to Caen, Bethesda passed on the license for a Fallout MMO, which Interplay then began developing with certain "conditions" established by Bethesda -- such as a required development start date of April 4, 2009. The rest, as they say is history -- Bethesda filed a termination letter for Interplay to stop working on the project last year, claiming that the developer had missed the aforementioned start date. Caen contends that claim, saying Bethesda was merely looking for a way to acquire the rights to a Fallout MMO without fronting the $50 million price tag, which is a large sum of cash. We've contacted Bethesda for a response to Caen's claims.
Interplay: Fallout Online in second half of 2012
In an interview with Edge magazine (excerpted by Eurogamer), Interplay president Eric Caen reconfirmed the company's plans to launch a beta of the MMO Fallout Online in 2012. He also specified that the "second half of 2012" will see the release of the commercial game. Thanks to the ongoing legal troubles with Bethesda, responsible for Fallout 3 and New Vegas, Interplay is in the unique position of trying to promote its game without being able to show it -- because, according to Caen, "anything we show will help Bethesda in their fight." Of course, Interplay staffers are free to go to the store and pick up the current Fallout releases for themselves, which they are doing. "What I can say is that of course we're playing what Bethesda is doing," Caen said. "We appreciate some portions of it, and we're not necessarily fans of everything. I think they miss a lot of the humor, and the fans seem to agree with that." To that end, the Fallout MMO is intended to be "extremely funny."
Fallout Online hints at The Church of Harold
The new Fallout MMORPG is such a closely guarded secret that we know next to nothing about the game itself. Interplay is wisely putting the uncertainty surrounding the title to effective marketing use, with the latest example being a cryptic "Church of Harold" advertisement that recently surfaced on the company's website. Anxious fans who signed up for the newsletter on the official Fallout site also received the head-scratching digital pamphlet in their inboxes over the weekend. For the uninitiated, Harold is the only character to appear in every Fallout game to date. Scuttlebutt has it that the "Church" may be a faction, a point of interest, or even an in-game religion. We'll keep our eyes peeled for more Fallout goodness -- and be sure to let us know if you run across any more end-of-the-world oddities. [Thanks Jonathan!]
Please stand by: Fallout Online gets its own website
The Interplay/Bethesda Fallout legal battle is one mired in as much speculation as it is in fact, although we do know that Interplay has been attempting to get a Fallout MMO project off the ground for some time now. Code-named V13, Fallout Online is currently Interplay's baby, although we haven't seen a clear go-ahead due to the legal struggle over the rights. It was a bit of a surprise, then, to see a teaser website for Fallout Online launch with little fanfare. Currently, there isn't much there, just a brief glimpse at a workshop desk with various Fallout references to the Master, Brahmin, and Nuka-Cola before a form obscures the screen. You then can sign up for their mailing list, as well as a beta opt-in. Following that, you are unceremoniously sent to the Interplay forums. It looks legit, too: Interplay is promoting Fallout Online from their main website, and the new teaser site is indeed registered to Interplay Entertainment Corp. Seeing as how Fallout fans are incredibly passionate about this franchise, even a hint that this MMO is progressing toward launch should come as a jolt of radioactive bliss. Check out the website and let us know what you think! [Thanks Eric "Nickelpat" Minaker!]
Breaking: Bethesda drops Fallout MMO lawsuit [Update: Bethesda denies report]
[Update: A Bethesda spokesperson told Joystiq, "It's an ongoing legal matter. I don't know where whoever reported that got their information, but it is ongoing and we are going to see how it plays out in court." So there you have it – Interplay and Bethesda haven't made nice just yet. Original post follows.] Do you hear that? That is the hushed sound of pre-squee joy from millions of Fallout fans who will be thrilled to hear that Bethesda has abruptly dropped their lawsuit against Interplay, freeing up the latter company to go ahead with a Fallout MMO (also known as "Project V13"). Duck and Cover got the scoop from Interplay investor "Frymuchan," who hinted at a secret deal between the two companies: "Bethesda dropped their appeal of the lawsuit with Interplay and a secret deal was struck (maybe they will release the terms of the deal soon, probably so). Anyways, this is awesome news for Interplay stock. The appeal by Bethesda was dropped yesterday. I'm assuming part of the deal was that Interplay drop their countersuit against Bethesda." For fans of the franchise who have been dismayed at the lawsuit -- which has been dragging on for months at this point -- this presents great hope for the much-anticipated Fallout MMO to actually see development and release. We'll be sure to bring you the official word from either Bethesda or Interplay when it happens. %Gallery-77042%
Report: Bethesda nukes lawsuit against Interplay over Fallout MMO [Update: Bethesda disagrees, calls it 'ongoing']
[Update: A Bethesda spokesperson told Joystiq, "It's an ongoing legal matter. I don't know where whoever reported that got their information, but it is ongoing and we are going to see how it plays out in court." So there you have it – Interplay and Bethesda haven't made nice just yet. Original post follows.] For those of you just joining us, former Fallout owner Interplay has been working on Project V13 -- a Fallout MMO in all but name -- going back a couple of years now. Bethesda – current owner of the Fallout franchise and developer and publisher of Fallout 3 – was understandably nonplussed by this fact, and the two companies have been going back and forth in court over the rights to use the Fallout name ever since. Well, according to Fallout fan site Duck and Cover, the two have made nice, with Bethesda dropping its attempts to block Interplay from having anything to do with the franchise. The site reports that it spoke with "Frymuchan," an investor in Interplay who has provided updates on the proceedings since they began. According to legal documents furnished by him, both companies came to an unspecified agreement whereby Bethesda would allow Interplay to continue on its merry way with the franchise. He called this "awesome news for Interplay stock," opining that he believes "part of the deal was that Interplay drop their countersuit against Bethesda." Bear in mind that neither company has issued a formal statement on the outcome, and while the investor believes "this will likely mean that V13 will be moving full steam ahead," we'll await word from Interplay before getting too excited. Heck, the beta isn't even supposed to start until 2012. [Via VG247]
The Digital Continuum: My Fallout MMO
There are times when I feel like being completely indulgent, and this week's The Digital Continuum is one of them. The Fallout MMO has been a long while coming and probably will continue to be "on the horizon" well into the foreseeable future. So, it's with this knowledge that I've put together a grocery list of ideas that would be in my version of the game -- things that would make me decidedly excited to play as soon as possible. Honestly, I'm kind of surprised it took me so long to write these things down.
Interplay's 'Fallout MMO' beta to begin shortly before world ends
It seems all the legal rigmarole between Interplay and Bethesda isn't slowing down the former's work on Project: V13, an MMO set in the latter's Fallout universe. At least, that seems to be the message from Interplay, which recently announced a development partnership with Masthead Studios, which is lending Interplay its technology, tools and resources as it continues work on the post-apocalyptic online game. In fact, Interplay is so confident in the game's future release, it went ahead and announced a tentative date for the game's beta testing phase: 2012. Perfect! That should leave a few months for them to work out the kinks, then a few months for us to enjoy the game post-launch, and then the sun will explode.
Masthead Studios and Interplay finalize agreement for Fallout MMO
We have another step forward in the long-running saga of the Fallout MMO. Late last week, Interplay announced that they had signed "definitive agreements" with Masthead Studios regarding Project: V13, the highly contested post-apocalyptic MMO. We knew this development was a possibility, but things have been delayed by the legal battles with Bethesda. Terms of the agreement have not been disclosed, Herve Caen is the Interplay Chairman and Chief Executive Officer, and gave an interesting piece of information: "This MMOG will have many unique features that we will disclose before launch of the public Beta in 2012." Project: V13 has been in development since November of 2007 (and highly anticipated by fans for the same amount of time), but has struggled along the way with problems including the court squabbling with Bethesda. This latest development is one in a series of small steps forward that Interplay is making, so we'll hold out hope for 2012.
Interplay not satisfied with defeated Fallout injunction
Last week, a US District Court judge denied Bethesda's request for an injunction against Interplay, which would have prevented Interplay from selling its Fallout games -- and stopped it from developing Project V13, the Fallout MMO. The company released a short statement about the court case in the form of SEC Form 8-K, which is intended to provide information about major events to shareholders. Interplay is not happy to merely defend its rights to make and sell Fallout games: the statement reads that Interplay is going to continue pursuing "its Counter-Claims against Bethesda, including its claims for Breach of Contract, Tortious Interference with Prospective Economic Advantage, Rescission, Accounting and Declaratory Relief seeking an award of damages and other relief." Interplay reportedly claims that Bethesda shopped the Fallout legacy games around to other publishers, telling them that Interplay no longer had the license, which constitutes "unreasonable interference" with Interplay's property. [Via Duck and Cover]
