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More Fallout Online Legal News

Duck and Cover has more from the courtrooms, where lawyers from Interplay and Bethesda continue to fight over whether Interplay still retains the rights to make a Fallout MMORPG, or whether they have failed to live up to the conditions that would allow them to do so. Word is Bethesda has filed what's called a motion in limine, saying a source tells them "Bethesda is trying to prevent Interplay from bringing damning evidence up in the jury trial." Here's the legalese:

For the reasons set forth in the accompanying memorandum, Bethesda moves the Court for an order:

(1) Holding that Defendant/Counter-Plaintiff Interplay Entertainment Corp. (“Interplay”) bears the burden of proof at trial on each of the following issues: (a) that Interplay has a trademark and copyright license; (b) that Interplay had commenced “full-scale development of its FALLOUT MMOG” by April 4, 2009 as set forth in Section 2.3 of the Trademark License Agreement entered into by Bethesda and Interplay on April 4, 2007 (the “TLA”); and (c) that Interplay had “secured financing for the FALLOUT MMOG in an amount no less than US$30,000,000.00” by April 4, 2009 as set forth in Section 2.3 of the TLA;

(2) Precluding Interplay from offering parol evidence to support its defense that the TLA granted Interplay a copyright license;

(3) Precluding Interplay from arguing at trial that it had satisfied the “full-scale development” and “Minimum Financing” requirements set forth in Section 2.3 of the TLA by April 4, 2009; and

(4) Precluding Interplay from amending its pleadings to assert the affirmative defense of mistake.

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10. Re: More Fallout Online Legal News Nov 8, 2011, 01:00 Dev
 
Warskull wrote on Nov 8, 2011, 00:38:
Dev wrote on Nov 8, 2011, 00:03:
As for the bad faith, why in the world would they do that? Beth stands to get 12% royalties per the contract even IF interplay does an MMO, and thats with no risk and no work. Why in the world would they be unhappy if interplay got some investors and got off their butts and did a game and starting kicking them some free money?

Bethesda wants 100% of the Fallout money. They wanted the MMO rights, but they didn't want to pay for them. So they thought they could get them by default with the "must be in development clause." Then they starting throwing lawsuits at interplay, interplay escalated and both sides are now trying to make sure the other side loses all rights.
Anyone (including beth) would have been INSANE to pay interplay's $50 million asking price for the MMO rights of a failing franchise (at the time of purchase remember that interplay had done its best to drive the fallout franchise into the ground) that greedy interplay was demanding. A modern AAA MMO can take $100+ million to develop, and thats not including any costs to purchase the IP.

Beth made the smart move and paid the $6 million for all rights except MMO, and made the smart move of setting a condition that a failing and bankrupt company like interplay would have to go full on develop the MMO to keep it.

Remember, INTERPLAY SIGNED THE CONTRACT, and AGREED to these terms.

This comment was edited on Nov 8, 2011, 04:20.
 
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