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Ask Massively: Thieving on the fast track edition
One of our readers was kind enough to point us to two sites that, once again, were stealing our posts without crediting our authors or anything like that. (I don't mean "this post looks suspiciously similar"; I mean abusing copy and paste.) Unfortunately, while we're aware of these things, there's not a whole lot we can do other than request that the sites get taken down. Sometimes it works, and sometimes it doesn't, but it's all we can do. I guess it's nice to be good enough that your work is worth stealing without credit? That's something. This week's installment of Ask Massively isn't going to focus on that, however. Instead, we're going to focus on the recent spate of MMO litigation and the potential for a boxed RIFT expansion. If you have a question you'd like to see answered in a future installment of Ask Massively, mail it along to ask@massively.com or leave a comment in the field below. Questions may be edited slightly for clarity and/or brevity.
The MMO Report: Baby names edition
This week on The MMO Report, Casey discusses the un-disbanding of the Multiverse project and associated Firefly/Buffy IPs, Wakfu's bright and bizarre character classes, DC Universe Online's timely crafting update, and Razer's new Fiona gaming tablet. He also notes that Bethesda came away the clear victor in the Fallout Online settlement. Now, where's our Fallout MMO? Finally, Casey dips into the mailbag to dispense advice to aspiring game designers and gratitude to a pair of gamers who are planning to name their first child after Casey himself. Says the Beard: "I am equally honored and aghast... I'm just a loudmouth with a camera who reads hit-or-miss jokes about nerd stuff off a teleprompter so that someone can put it on the internet." Watch Casey blush at the prospect of little baby beardlings in the full MMO Report video tucked behind the break.
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]
Bethesda settles all Fallout IP related lawsuits
Bethesda Softworks and Interplay have reached a settlement in their protracted dispute over the rights to the Fallout IP, specifically in regards to an MMO, which Interplay announced five years ago. Bethesda states that as part 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 parent company ZeniMax will pay Interplay $2 million "as consideration in the settlement," each side will pay its own legal fees, and Bethesda will retain rights to the Fallout intellectual property. Interplay has no ongoing right to the Fallout brand nor any Fallout intellectual property. Finally, Interplay's rights to sell Fallout, Fallout 2 and Fallout Tactics will expire in December 2013, along with any other merchandising rights it had in association with those properties.
The MMO Report: Cool balloon bro edition
This week on The MMO Report -- where everyone prefers "a blaster over hokey religions and ancient weapons" -- Casey tries to make the most of a slow MMO news week. He reports that the fallout over Fallout Online has settled, Multiverse (the Buffy/Firefly MMO platform) is dead in the water, CCP is launching EVE Online character avatars into orbit via balloon, and Star Wars: The Old Republic is boasting 350,000 concurrent users. There's no mailbag this week, he relates, because everyone's too busy playing lightsabers with their friends, which is probably true. He also thanks BioWare for teaching him how to /getdown... and I think you should tune in at the five-minute mark to see his moves for yourself. The video's tucked behind the break for your amusement!
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.
Bethesda vs. Interplay case finally settled
War. War never changes. And neither, it appeared, would the long-running legal dispute between Bethesda and Interplay over the rights to the Fallout IP. For years, it seems, we've been reporting on this courtroom tug-o-war between the companies which has kept the fate of Fallout Online in limbo. Well it looks like it is finally over, one way or another. An administrator on the Fallout fan site Duck and Cover says that a settlement has been reached although the details have yet to emerge to the public: Today, DAC has confirmation that a settlement has, in fact, taken place. It actually took place the day of the trial -- and had I been able to get online and sort through the documents I would have reported as much. We do not yet have the details of the settlement -- they will be announced this month (January 2012) -- but we can report that on the day of trial, the atmosphere in the court room was tense until the judge recessed. This recess was extended, and then they recessed for lunch. After the lunch recess, the court room was locked to everyone except attorneys and clients. When our source asked why this was the case, our source was told it was because they were working out a settlement. The following day, another source called the court reporter to ask what the next hearing schedule for the case was -- this source was told there was no schedule as a settlement had been reached. We'll be following this story as it develops to see how it affects the potential Fallout Online and what each studio is walking away with from this bitter dispute.
Bethesda and Interplay may be close to settling Fallout dispute
Is the long-running war of words between Bethesda and Interplay nearing its end? The two firms have been engaged in a legal tug-of-war over the Fallout IP (and its potential entry into the MMO space via Fallout Online) for several years now, but a new blurb on GamePolitics suggests that there could be some light at the end of the tunnel. GamePolitics cites a Fallout wiki entry and the leak of a partial court transcript from earlier this month that says "both sides have previously agreed to drop this from the case (Bethesda raised it, and Interplay agreed). The case now just concerns future Fallout games." The website points to another source that claims that Bethesda is attempting to seal parts of the case (which is often a harbinger for an out-of-court settlement).
The Perfect Ten: The upcoming long-shots
In coming up with a follow-up list to my previous Upcoming MMO Contenders list, I found myself almost paralyzed by more choices than I could shake a wireless mouse at. Pointing at the sure bets is one thing, but narrowing down a field of dozens and dozens of interesting -- yet more far-flung -- prospects is far more difficult. It's one thing to have a good idea; it's another to say whether or not this game will actually make it to launch, and if it does, that it'll pull the idea off well. That said, I've lost some hair and two pounds sweating out this list, and I feel sleeker for it. Today's Perfect Ten is all about the long-shots, the titles that may not have the huge budget, big name studios, or anything solid to show for it, but could still become contenders in their own right if everything is played just right. Deep breath -- let's give it a go!
Bethesda and Interplay continue to sling stones over Fallout Online
There's exciting news about Fallout Online today, assuming that you think that the latest installment of the ongoing legal battle between Interplay and Bethesda qualifies as exciting news. Yes, the two companies are still at it, with Bethesda filing a new complaint against Interplay after the last victory. And as usual, depending on which company you want in charge of the game's future development, one of the companies is completely out of its mind and the other is trying to defend what it rightfully owns. Bethesda's complaint, in essence, argues that Interplay's complaint blocked testimony that would have established Bethesda as being the party in the right beyond a shadow of a doubt. Whether or not this is accurate will be established when the companies have their date in court on December 5th, which should put an end to this mess once and for all... although if previous events show anything, it's that both Bethesda and Interplay will fight this out to the bitter end.
Bethesda appeal denied for Fallout Online, work continues by Interplay
Are you enjoying the game of Fallout Online? No, not the actual online game in which you adventure in a shattered wasteland, but the constant back-and-forth between Interplay and Bethesda over which company is allowed to work on the development. The game has been tied up in court for roughly forever, with Bethesda trying to block Interplay's further development via legal tactics, and while the first injunction was denied, the studio appealed to have the development halted. It turns out that the courts remained firmly on Interplay's side, however, as the appeal has been denied and Interplay is in the clear to continue developing the game. Unfortunately, the game will still require express permission from Bethesda to launch, meaning that there's still no end in sight to the legal fighting and name-calling by both companies. For the time being, all that fans of the franchise can do is wait and see... assuming that Interplay remains financially able to develop the game after all.
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 denied restraining order against Fallout MMO co-dev Masthead
Legal battles, while academically interesting, are totes boring, even when they carry heavy implications for the future of a franchise, or even the industry as a whole. The monotony can turn something interesting into something no one cares about, so we're thankful that the Honorable John F. Walter has delivered an atomic buster's worth of smackdown to the ongoing case of Bethesda v. Everyone Else. Bethesda had sought a temporary restraining order against Fallout Online co-developer Masthead Studios, claiming that the company had illegally sublicensed Bethesda's intellectual property from Interplay. The court disagrees, however, and has denied Bethesda's ex-parte application, with Judge Walter essentially telling Bethesda that it's made its bed, and now it's going to lie in it: "Plaintiff has not demonstrated that it will be irreparably prejudiced if the requested ex parte relief is not granted, or that it is without fault in creating the crisis that requires ex parte relief. Indeed, Plaintiff was aware as early as February 2011 that Masthead was potentially infringing its copyrights. ... Yet, Plaintiff waited seven months to apply for ex parte relief. The Court finds that Plaintiff unreasonably delayed in seeking relief, and that the emergency that allegedly justifies a TRO is self-created." Yowch. Considering that this is the second injunction request denied of Bethesda since this whole thing began, things are starting to look pretty good for Fallout Online. Is anyone else weirded out by the United States Government actively defending a series based on its complete and total destruction? Just us? Okay.
Interplay says Bethesda knew Fallout MMO would, in fact, be a Fallout game
Just a couple of days after watching our nation's highest legal officers debate the impact of video games across this great country, it's time for us to return to a much sillier gaming lawsuit. Gamasutra obtained a June 23 court filing issued by Interplay regarding the developer's legally troubled Fallout MMO. The filing comes as a response to a preliminary injunction filed by Bethesda which attempted to prevent Interplay from using the franchise's story, setting and characters in their online opus. Interplay's counter-filing explains, "For at least four years, Bethesda has known that Interplay interpreted its right to create the Fallout-branded MMOG to include copyrighted content from the Fallout universe in order to make the MMOG a recognizable Fallout game." We don't know, guys -- that seems a little unreasonable. When we heard Interplay was working on a Fallout MMO, we just assumed it would be a massively multiplayer online puzzle-platformer set in a colorful, kid-friendly version of ancient Rome.
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.
MMO Roundup: Zelda MMO, Fallout Online's apocalyptic future, and more
Sometimes you'd like to know that there are other MMOs out there, right? It's not all WoW, all the time! Our sister site Massively can provide you with everything you need to know about all of the other MMOs around -- past, present and future. Is Zelda about to hit the MMO space? Nintendo, creator of the console hit Legend of Zelda, has just registered for an ESRB rating for a game called Zelda Universe. According to the ESRB website, this mysterious game has received an "E" rating with "violence" as the only descriptive text, but the game is listed as "online." Although all other Nintendo games have a console listed along with the rating, this particular title does not. Fallout Online's future in jeopardy as Interplay's finances suffer Fallout Online, the in-development MMO from Interplay, has been through some rough waters already, but it looks like the situation may be about to go from bad to -- pardon the pun -- apocalyptic. A recent SEC filing by Interplay indicates that the company is going through some rough financial times, which doesn't bode well for Fallout Online's future. Men outspend women on mobile social games Ladies (or gentlemen), is your man a gamer? If so, you may finally have a worthwhile retort for the next time he scoffs and rolls his eyes at that $10 non-combat pet you just had to have. A recent study by MocoSpace surveyed 1,500 "mobile social gamers" about their spending practices within social games. The results? "While 53 percent were male, and 47 percent female, 69 percent of men were buying virtual goods, while only 31 percent of females did." SWTOR trooper progression video lays on the hurt Even with E3 just around the corner, BioWare is still churning out the regular previews for Star Wars: The Old Republic. Most recently, the developers at BioWare released a trailer showing off the progression of the trooper class. Massively Speaking episode 149 Massively Speaking, Massively's MMO podcast, returns this week with Shawn and Rubi discussing the week's best MMO news. This week, they talk about RIFT's free character transfer program, Guild Wars 2's engineer class, Age of Conan's new hybrid business model and more! Massively's week in review Don't let WoW Insider do all of the talking when it comes to Massively's best content of the week. The Massively staff themselves have picked out what they think is the best content their site has to offer in their own weekly roundup.
Fallout Online's future in doubt as Interplay crumbles
Fallout Online and several other Interplay-developed titles may be in serious jeopardy, according to a US Securities and Exchange Commission report filed by Interplay last week. Develop discovered the filing, which spells out dire financial concerns for the immediate future of the company. Multiple times, the report states: "If we do not receive sufficient financing or income we may (i) liquidate assets, (ii) sell the company (iii) seek protection from our creditors including the filing of voluntary bankruptcy or being the subject of involuntary bankruptcy, and/or (iv) continue operations, but incur material harm to our business, operations or financial conditions. These conditions, combined with our historical operating losses and our deficits in stockholders' equity and working capital, raise substantial doubt about our ability to continue as a going concern." Similarly worrying, the company's current cash balance is approximately $3,000 (yes, that's just three thousand dollars, seriously), and it's operating with nearly $2.9 million in debt. The filing also illuminates the company's shift from paying its developers upfront for projects to working on a "net revenue sharing model," where devs get a cut of the final sales rather than paid when their work is complete. While that model sounds hugely profitable for third-party devs, and has been sporadically successful in the movie business, it seems to signal something less than wonderful in Interplay's case. Additionally, the company's credit agreement has ended, which Interplay says "has resulted in a substantial reduction in the cash available to finance our operations." Rather than assure investors that everything will work out, the company again warns of potential negative outcomes, saying instead, "There can be no assurance that we will be able to enter into a new credit agreement or that if we do enter into a new credit agreement, it will be on terms favorable to us." Currently, Interplay has five known projects, ranging from a lawsuit-entangled Fallout MMO to a sparsely detailed Earthworm Jim sequel. Several WiiWare and DSiWare projects are also in the works, though the fate of all five games could be grim given the wording of the company's SEC filing.
Fallout Online's future in jeopardy as Interplay's finances suffer
There's a bad moon a risin' for all you MMO-playing Vault-dwellers out there. Fallout Online, the in-development MMO from Interplay, has been through some rough waters already, but it looks like the situation may be about to go from bad to -- pardon the pun -- apocalyptic. A recent SEC filing by Interplay indicates that the company is going through some rough financial times, which doesn't bode well for the Fallout Online's future. According to the article at GamePolitics, Interplay is skating on thin ice with "a cash balance below $3000 and a working capital deficit of $3 million." The company also states that if the financial situation doesn't change sooner, rather than later, it could be forced to declare bankruptcy or even sell the studio entirely. We here at Massively wish Interplay the best in hopes that someday we'll all be able to step out of the Vaults and into Fallout's uniquely retro post-apocalyptic wasteland.
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.]
