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Fallout over 'Bethesda v. Interplay' remains unsettled
Unofficial Fallout community wiki the Vault has posted snippets and analysis of another batch of court documents, courtesy of site founder Paweł Dembowski (posting as Ausir), in the legal battle between Bethesda and Interplay over the latter's licensed, in-development Fallout Online MMO and rights to distribute pre-Fallout 3 titles from the franchise. If the absence of recent developments in the suit had you wondering if the two sides had settled cordially, forget about it. The excerpts are most certainly lacking in holiday spirit, as the fiery debate appears to wage on. According to the Vault, highlights from the new documents show Bethesda, which is the current Fallout IP owner, defending against Interplay's claims that it had denied the MMO developer rights to use "Fallout-related intellectual property assets." Bethesda maintains that it had licensed back to Interplay (the original IP owner) rights to the Fallout name only and not art assets, including the series' (literally) trademark Pip-Boy. In a separate document, Bethesda took to the offensive, demanding Interplay hand over the contents of its internal Fallout Online design wiki as court evidence. Interplay objected, calling the wiki a "trade secret document" and suggested Bethesda had repeatedly turned down offers to "inspect" the wiki outside of the courtroom. Interplay seems to have little choice but to fight on, even as it operated at a $205,000 loss in its June–September fiscal quarter. As Gamer/Law points out, the company is caught in a deadly gamble: Its future is dependant on completing Fallout Online for a planned 2012 release -- if the project doesn't get shut down by the courts first. On the bright side, Interplay won out in a separate lawsuit earlier this month against TopWare, concerning the latter's infringement upon Interplay's "Battle Chess" trademark. [Pictured: Fallout Online concept art]
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.
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]
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]
Report: Court backs Interplay in Fallout MMO squabble; concept art surfaces
The twists and turns in the saga of Interplay's suspected Fallout MMO, "Project V13," date back to 2006. The latest came this week when, according to a report by No Mutants Allowed, someone claiming to be an Interplay stockholder revealed that Fallout IP owner Bethesda was denied an injunction it had sought against Interplay. Bethesda had hoped to strip Interplay of the Fallout license after the publisher had supposedly broken an agreement to begin development of the MMO before April 4, 2009. Interplay claims that's not the case and, perhaps to prove its point, has posted concept art from the could-be-a-game on its forums. As much as we'd love to play an MMO based on our favorite post-nuclear RPG, we can't help but feel this falling out between the two companies is going to keep us waiting until the real apocalypse -- and beyond. %Gallery-76799% [Via BigDownload]
Report: Interplay countersues Bethesda over Fallout rights
The infighting between Fallout's father and newly adopted guardian continues. According to a forum post by supposed Interplay stockholder frymuchan, Interplay has been given a 10-day extension to answer a preliminary injunction filed by Bethesda, which claims Interplay no longer holds rights to sell the original titles in the series. Following the release of Fallout 3, Interplay began selling the original titles across multiple PC-based digital distribution services. Previous court filings by Bethesda claimed that Interplay's plans to develop a Fallout MMO -- codenamed Project V-13 -- were no longer valid because Interplay did not commence development prior to an agreed date of April 4, 2009. According to the post by RagingBull forum user "frymuchan" -- who claims to have received the information from official court documents -- Interplay claims it did issue a letter to Bethesda prior to the April date outlining details of a Fallout MMO, but Bethesda told it "for no apparent reason" that Interplay was no longer allowed to develop the game. Interplay believes that Bethesda's interference with licensing agreements to make the original titles in the series available digitally is unreasonable based on the current contracts in place. Frymuchan also claims that Interplay has filed a countersuit versus Bethesda over statements it made to third party companies to whom it was attempting to license the original titles. According to the post, Bethesda released statements to companies such as GameTap and Good Old Games, claiming Interplay had no rights to license Fallout 1, 2 or Tactics for sale on its services. Interplay's counterclaim maintains this "unreasonable interference" puts Bethesda into breach of contract and makes the license sale "null and void," therefore reverting the agreement back to a sub-licensing deal between Interplay and Bethesda. In short, Interplay claims Bethesda now only holds rights to Fallout 3 with options for a fourth and fifth game in the series. It's an argument of apocalyptic proportions and we're expecting more details when the extension expires next week. [Via GamePolitics and Destructoid]
Bethesda suing Interplay over Fallout MMO
Things weren't looking good for Interplay earlier this year and, uh, much hasn't changed since then. Even though the company had virtually no money, it still wanted to make the Fallout MMO, Project V-13. Well, Interplay's got another hurdle now: Bethesda. The Oblivion and Fallout 3 developer claims that Interplay infringed on its trademark, court documents show. Interplay disagrees, obviously, and says it still holds the rights to develop the title with Masthead Studios, even though it failed to commence the stipulated full-scale development by April 4, 2009. Gamasutra has more info on the lawsuit, which also mentions Interplay's licensing of the original Fallout games for digital distribution through services such Steam, GOG.com and GameTap. Bethesda says this has caused "immediate, substantial, and irreparable harm." But, hey, it's not all frowns and sad faces. Above this text is a neat piece of concept art for Project V-13 from Natiq Aghayev. Man, we never thought post-apocalyptia could look so good. Source - Court documents [Via VG247] Source - Gamasutra [image credit]
Interplay may lose its license to make Fallout MMO
Well, folks, it's been two years -- two years and 12 days, actually. And now, because Interplay may or may not have entered into "full scale development" of the Fallout MMO it was beholden to start making by, oh, say, 12 days ago, Bethesda Softworks has, unsurprisingly, asked for its property back. Though, according to an SEC filing, no "formal action" has been taken by Fallout IP-owner Bethesda as of yet, the company has apparently made claims that Interplay is "in breach of the trademark license agreement" the two companies agreed upon back in 2007. Rumors that Interplay has been working on a Fallout MMO arose again recently as Earthrise developer Masthead Studios offered Interplay its proprietary tools and technology for use with a project currently in-development, codenamed "Project V13." We would like to point out that while a wiki page on "Project V13" hints heavily at the codename concealing a Fallout MMO in development at Interplay, nothing official has ever been announced. And you'd think Interplay might want to do that if it wanted to keep its "trademark license agreement," no? [Via Big Download]
