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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!
The Game Archaeologist crosses Meridian 59: The highlights
A colony founded through a magical nexus, Meridian 59 had it all going on -- until, that is, the portal to the colony collapsed and it was left to fend for itself. Monsters swarmed over the land, politics split the community into factions, and adventurers were called to rise up and become the heroes that were desperately needed. And all it took was $10.95 a month and an internet connection. Welcome to 1996 and one of the very first -- if not the first (more on that later) -- graphical MMOs to hit the scene. Meridian 59 may not have been one of the biggest games in the genre, but it was arguably one of the most important, the John Adams to World of Warcraft's Abraham Lincoln. If you were wondering, Darkfall was Chester A. Arthur. It seems fitting to end 2011 by touching upon this significant title that, against all odds, continues to operate today. Meridian 59 weathered studio shutdowns, newbie developers in every sense of the word, and a world that wasn't quite sure what to make of these fancy-schmancy massively interactive roleplaying games. MIRGs! Oh, that would've been such a better acronym, but I digress. Let's set the wayback machine to 1978 to see how one amateur game led to another that led to the birth of an industry.
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.
Classic Elite, Interplay titles coming to iOS
Touch Arcade has some good and bad news for fans of classic PC RPGs out there. The bad news is that the expected Elite Collection (which was set to come out last week and round up some of old developer Elite Systems' best games on iOS, has been delayed due to some rights issues. One of the companies involved that had previously agreed to share its games decided instead to claim a trademark at the last minute, which will hold up the process for a while, perhaps only a week or two. The good news, however, is that that extra time will allow the folks behind the apps to add in some extra titles, which TA presumes are some really amazing Interplay games, including The Bard's Tale and the great RPG Wasteland. That would be awesome -- almost all of Interplay's old titles are classics, and it'd be great to get those up and running on iOS devices. We'll see -- Elite is still working on getting everything together, but as I said, news should be out in the next couple of weeks. Here's hoping iOS gamers get their hands on this great collection soon.
Deja Review: MDK2 HD
Murder Death Kill? Mystical Door Knobs? Malevolent Didgeridoo King? The true decomposition of codename "MDK" used to be a legend of sorts in the game industry. Now, there's not so much as a hint of enigma around the latest letters appended to the game: MDK2 HD does indeed run in haughty definition. Even if you're joining us from 2000's PC version of MDK2 (released alongside a Dreamcast version, and preceding a PlayStation 2 port), you'll be treated to a significant visual upgrade in MDK2 HD, care of Overhaul Games. What hasn't changed in the last eleven years, of course, is the incredulity that results upon playing a funny, frivolous and uncluttered action game from BioWare. Yes, that BioWare.%Gallery-136275%
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.
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.
MDK2 HD arriving 'this September' on Beamdog, former BioWare dev's service
Roughly a year after being announced, and just 4 months after parachuting onto WiiWare, the PC re-release of MDK2, titled appropriately enough MDK2 HD, has a release date of "this September." The port of BioWare's classic sequel is being handled by former BioWare co-founder Trent Oster's Beamdog outfit, under the name Overhaul Games. The release itself will be hosted on the Beamdog digital distribution service, which beams (dog?) games to your computer, with no installation needed. This HD-ification is being handled by Oster and other "BioWare veterans" like Cameron Tofer, Russ Rice and Sean Smailes, "who were all heavily involved in the development of the original." Oster says, "MDK2 HD really is a labour of love for us. We've spent a lot of time improving the visuals and gameplay, and we can't wait to see what people think!" To that end, the developer is looking for suggestions from fans on what they'd like to see improved. Don't have any suggestions? Never played the original? That's okay. Tofer, COO at Overhaul Games, says, "We think MDK2 HD has the sort of visuals, humor and great gameplay that can draw in not only existing fans of the game, but a brand new audience that just wasn't able to experience its magic the first time around." You can find out this September, for $14.99. %Gallery-130526%
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.
GOG selling Interplay titles for half off, including Freespace and sequel
GoG.com has announced a big half-off sale on a bunch of older Interplay titles, allowing you to pick up some titles of serious quality for just a couple bucks apiece. There are some real gems in there, including the Descent games, the classic Giants: Citizen Kabuto, Fallout 1, 2 and Tactics, and the great Sacrifice, all for just $2.99 each. We'd be remiss as well if we didn't point out that the much-loved space combat game Freespace is also on sale, along with its sequel, for the same ludicrously low prices. Three bucks for a bunch of must-play titles from video gaming's days of yore? Deals don't get much better than that, people.
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.
Battle Chess checking in to PC, iOS - get pawned this summer
Interplay's classic Battle Chess will return in a reboot this summer for PC and iOS. Developed by Subdued Software, the PC version is expected to make moves in August, with the iOS versions for iPad and iPhone available "soon after." A company rep informs us that they only have screens of the game currently available, but will show off some character battle animations next month. The title will be digitally distributed and feature scalable AI, multiplayer and scenario challenges. It will also have a "combat vault," allowing players to view fights from different angles. Battle Chess should not be confused with the similarly titled, injunction inducing Battle vs. Chess.
MDK 2 parachuting onto WiiWare May 9
Raise a (radioactive) toast, as a release date has finally been set for the WiiWare version of MDK 2. Nintendo's website lists the title for a May 9 launch at a price of 1000 Wii Points ($10). We checked with Trent Oster, head of developer IdeaSpark Labs, who confirmed both the date and price. Remember, be mindful of the pumpernickel. It tends to explode.
