Topic: Bethesda vs. Interplay - Update: BethSoft pays $2 mill for ALL FO rights

[MysterD]

NEW -> 1-9-2011:
Joystiq -> Fallout lawsuit settled - All rights for FO to BethSoft, since they giving Interplay $2 mill for all the rights.

OLD:
1Up -> BethSoft is trying to stop Interplay from using FO assets in the upcoming Interplay FO MMO.
Gamasutra -> More details on Bethsoft lawsuit.
Bluesnews -> BethSoft's suing Interplay.

Fallout Legal Fallout
   
[Sep 12, 2009, 12:23 pm ET] - Share - Viewing Comments
Gamasutra follows up on previous indications that a legal battle is brewing over the Fallout IP. This is not actually over the rights to create a Fallout MMOG that Interplay retained when they sold the Fallout rights to Bethesda, but rather over recent bundles and other deals concerning the original Fallout games. Bethesda is seeking preliminary and permanent injunctions against manufacture, sale, and distribution of the Fallout Trilogy, which includes the classic PC games Fallout, Fallout 2 and Fallout Tactics, saying "while Interplay was permitted to sell pre-existing Fallout games, it was required to submit to Bethesda all relevant packaging, advertising, and promotional material prior to bringing the catalog titles to market." Word is:

    But Bethesda claimed that Interplay never sought pre-approval for those materials. The plaintiff said because of the alleged trademark infringement, consumers have become confused between the makers of the pre-existing Fallout games and Bethesda's more recent Fallout 3 -- a situation that Bethesda wanted to avoid.

    Bethesda also accused Interplay of breaching the trademark agreement by signing licensing agreements with digital distribution sites like Steam, GOG.com, and GameTap to sell older Fallout games. The company claimed Interplay's alleged actions have caused the studio "immediate, substantial, and irreparable harm."

    Bethesda is also asking the court for a declaration stating a trademark licensing agreement between the two companies is terminated. In 2007, Bethesda purchased the Fallout franchise from Interplay in full for $5.75 million. Within that purchase agreement was a trademark licensing agreement, the complaint said, that allowed Interplay to license back the rights to develop an MMO based on the Fallout series.

Well, "Fallout Classics" probably should've been what that "Fallout Trilogy" bundle (FO1,2,Tactics) should've been re-packaged as at the retail stores, if you ask me. I mean, if it was a "Fallout Trilogy", (BethSoft's) FO3 would be in there. I mean, Tactics is NOT really a FO3, if you ask me. Plus, Interplay at one time was working on their own Fallout 3 (Van Buren) before they sold the rights to BethSoft.

If Interplay didn't submit to BethSoft what they wanted to re-package the bundles and online re-distribution of these old games as and they were supposed to -- well, they REALLY messed-up.

I really dunno how this really caused harm to BethSoft, though -- if anything, the re-releases of the old FO games likely caused gamers to get re-interested in the Fallout IP and series -- FO 1 and 2 are freakin' RPG classics. Plus, It's not like FO3 tanked in sales; Fallout 3 did sell loads of copies. And I'm betting the FO3 DLC sold well, anyways. Not only that, it was critically acclaimed, too.

Plus, Obsidian's working on FO: New Vegas, as well...

Discuss...

[Quemaqua]

It's a stretch to say that anything particularly negative would happen because of it, but if what Bethesda says is true, it's sort of hard to argue with them.  When you sell the IP, you sell the IP.

It sucks because I was really, really hoping that Interplay would make a big awesome comeback, but with this... oi.

[Pugnate]

Can't blame Beth.

[MysterD]

More details here on the Fallout MMO Situation.

But the stipulation was that Interplay had to have commenced full-scale development of the Fallout MMO by April 4, 2009, two years after the signing of the original contract. Bethesda subsequently issued a notice to Interplay, saying the company was in breach of contract by allegedly not entering full-scale development of the MMO by the agreed upon deadline. In a regulatory filing in April this year, Interplay " adamantly" disputed that claim.

The MMO agreement also required Interplay to secure $30 million within 24 months of the original signing to fund development of the game, or else the license would be terminated. The agreement also required Interplay to launch the game within four years of signing. Bethesda would have been entitled to 12 percent of the game's sales and subscription fees.

If Bethesda prevails, Interplay would lose the rights to develop the Fallout MMO. There is little to show for the progress of the Fallout MMO in public venues, although many speculate that a mysterious title called Project V13 is in fact the Fallout MMO.

[K-man]

Talk about a fallout

[Pugnate]

haha

[MysterD]

Zinger!

[MysterD]

1Up -> BethSoft is trying to stop Interplay from using FO assets in the upcoming Interplay FO MMO.

[MysterD]

Joystiq -> Fallout lawsuit settled.
All rights for FO games go to BethSoft, since they are giving Interplay $2 mill for all the FO rights for EVERYTHING.
FO MMO from Interplay = null and void. They have no more rights to make this. They must cease and desist now.
BethSoft now has the rights to make a FO MMO, if they so choose to.
Interplay can keep selling FO1, FO2, and FO: Tactics, and all FO merchandise until Dec. 2013.