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More Fallout Legal Fallout

This post on an investing website and this follow-up post are from an Interplay investor, who outlines the current state of the legal tussle between Bethesda and Interplay over rights to the Fallout series. The posts, obviously a bit biased towards Interplay, describe suits and countersuits, explaining that Interplay is currently attempting to persuade the court that Bethesda's interference in their attempts to sell older Fallout games leaves their contract null and void, and that Bethesda should pay them royalties for Fallout 3, something the shareholder making the post calls an "AMAZING LEGAL SWITCHAROO." Thanks No Mutants Allowed.

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37. Re: More Fallout Legal Fallout Oct 18, 2009, 11:51 ColoradoHoudini
 
threadjack:
http://kotaku.com/5384057/new-modern...e-pc-community

Modern Warfare 2 .. no dedicated servers, and a host of other wtfness
 
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36. Re: More Fallout Legal Fallout Oct 18, 2009, 07:04 Prez
 
Interplay can't even really be considered a shadow of its former self. It may as well have gone under in 2000.

Nice to see that we couldn't make it a week without someone suing someone else in the industry.
 
Avatar 17185
 
“The greatness of a nation and its moral progress can be judged by the way its animals are treated.”
- Mahatma Gandhi
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35. Re: More Fallout Legal Fallout Oct 18, 2009, 06:10 Acleacius
 
Haha, who is the lesser of two evils?  
The people can always be brought to the bidding of the leaders.That is easy.All you have to do is tell them they are being attacked and denounce the pacifists for lack of patriotism and exposing the country to danger.It works the same way in any country.
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34. Re: More Fallout Legal Fallout Oct 18, 2009, 02:12 StingingVelvet
 
The only purpose of the statement you quoted was to point out that the notion that Fallout 3 is supposed to be a "real Fallout game" is completely ridiculous. It might be a huge mainstream hit unlike BoS, but just the same it has nothing to do with Fallout.

Okay, I misunderstood.

On that topic, yes, Fallout 3 was a lot different from the originals in gameplay and tone of the writing, but I do think they nailed the atmosphere.
 
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33. Re: More Fallout Legal Fallout Oct 18, 2009, 02:09 StingingVelvet
 
this is what im refuting. the original franchise was a RPG classic, not some random bullshit lying around that nobody ever heard of.. as if fallout wasnt popular when it came out - are you fucking kidding? maybe not to you because your 15 year old dumb ass was playing with dollies back then, but for the rest of us it was and has remained a monument on the RPG landscape. thats why bethesda bought the rights to it, thats why they made another game in the series

I never said the games weren't good, or even better, I said Bethesda made the series a mainstream success and Interplay didn't. This is not a hard concept to grasp.

Pull your head out of the imaginary conversation we were having about the game's quality or faithful representation of the series and concentrate on what game made the IP a household name and worth a billion dollars. Hint: it starts with "Fallout" and ends with a number between 2 and 4.
 
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32. Re: More Fallout Legal Fallout Oct 18, 2009, 01:39 vrok
 
Stop thinking with your fanboy hat on. This is about business and sales, and Bethesda made Fallout what it is today, a mainstream powerhouse... Interplay had nothing to do with it.
Can you please point out where I defended today's Interplay and their business practices? The only purpose of the statement you quoted was to point out that the notion that Fallout 3 is supposed to be a "real Fallout game" is completely ridiculous. It might be a huge mainstream hit unlike BoS, but just the same it has nothing to do with Fallout.

This comment was edited on Oct 18, 2009, 01:39.
 
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31. Re: More Fallout Legal Fallout Oct 18, 2009, 01:05 Jerykk
 
I have to agree with Dev here. Fallout was not a mainstream success by any means. I can pretty much guarantee that least 95% of the people who bought Fallout 3 had never heard of the series beforehand. The vasr majority of the gaming populace does not consist of hardcore PC gamers who have been playing games for 20 years.

As for Interplay, they were once an awesome publisher. They took risks and published many classic PC games. Unfortunately, they started going downhill when they shifted their focus to consoles. Instead of Fallout 3, we got Brotherhood of Steel. Instead of Baldur's Gate 3, we got hack 'n slash console spinoffs.
 
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30. Re: More Fallout Legal Fallout Oct 18, 2009, 00:07 Dev
 
space captain:
There were other more popular RPGs out before and after fallout. I love fallout too, but 1/2 were more of a cult classic than a super hit. I'm not saying FO3 is perfect. There's a fair amount I wish was differant, but bethesda knows how to cater to thier biggest customer segment, the consolers. Fortunately FO3 has lots of mods.
 
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29. Re: More Fallout Legal Fallout Oct 17, 2009, 23:42 space captain
 
So what the fuck are you refuting? The original dev team didn't make a game that popular either, they just created the basic idea,

this is what im refuting. the original franchise was a RPG classic, not some random bullshit lying around that nobody ever heard of.. as if fallout wasnt popular when it came out - are you fucking kidding? maybe not to you because your 15 year old dumb ass was playing with dollies back then, but for the rest of us it was and has remained a monument on the RPG landscape. thats why bethesda bought the rights to it, thats why they made another game in the series

i dont care about your "interplay vs bethesda" argument. its retarded to even consider it in the first place. the current "interplay" is a fucking joke - the "company" is a scam AT BEST. its ridiculous to consider them some kind of "corporate force" in any sense whatsoever. everyone who has a clue knows this legal situation is entirely without merit, and was that way from the get go - interplay became less than a joke waaaaayyy before fallout 3 even existed

And why the hell are you being so hostile?

some people dont start paying attention until you piss them off, because they are too wrapped up in their own little fantasy world to notice. its quick and effective, and an easy play when slightly drunk Drunk2
 
Go forth, and kill!
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28. Re: More Fallout Legal Fallout Oct 17, 2009, 23:08 Dev
 
Warskull:
The original fallout games didn't sell nearly as well as the 3rd one. If they had, interplay might not have gone out of business.
Interplay did indeed lay the foundation, but beth did the building of the rest of the skyscraper. Usually there's much more work and resources invested in the building than the foundation itself

Also, the other games that bethesda did (elder scrolls, morrowind, oblivion) sold FAR FAR more than the fallout titles. As a previous poster said, a huge chunk of the success of the title was the other proven titles that beth did.

This comment was edited on Oct 17, 2009, 23:09.
 
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27. Re: More Fallout Legal Fallout Oct 17, 2009, 22:52 StingingVelvet
 
no shit you dumbfuck, i never said anything about interplay - i said ORIGINAL DEV TEAM. interplay is a publisher, not a development team. get your head out of your ass, and quit sucking on bethesda's dick

nobody gives a flying fuck about interplay

Then what the fuck are you posting about? This is about Interplay versus Bethesda, and I'm saying Bethesda have made the Fallout IP worth a billion dollars, not Interplay... Interplay had nothing to do with making it that popular.

So what the fuck are you refuting? The original dev team didn't make a game that popular either, they just created the basic idea, and Interplay as had little to do with that then, and the current Interplay had nothing to do with it period.

And why the hell are you being so hostile?

This comment was edited on Oct 17, 2009, 22:53.
 
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26. Re: More Fallout Legal Fallout Oct 17, 2009, 22:25 space captain
 
Those devs were not Interplay, they were people, people long since not employed by Interplay. More to the point though, we are talking about what Fallout is today, a billion dollar franchise with amazing revenue potential in the future, and that is because of Bethesda, not Interplay.

no shit you dumbfuck, i never said anything about interplay - i said ORIGINAL DEV TEAM. interplay is a publisher, not a development team. get your head out of your ass, and quit sucking on bethesda's dick

nobody gives a flying fuck about interplay
 
Go forth, and kill!
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25. Re: More Fallout Legal Fallout Oct 17, 2009, 21:33 StingingVelvet
 
wow you are a retard. the original dev team made fallout what it is today - if they hadnt invented it, then it wouldnt exist

Those devs were not Interplay, they were people, people long since not employed by Interplay. More to the point though, we are talking about what Fallout is today, a billion dollar franchise with amazing revenue potential in the future, and that is because of Bethesda, not Interplay.
 
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24. Re: More Fallout Legal Fallout Oct 17, 2009, 19:44 Mashiki Amiketo
 
wow you are a retard. the original dev team made fallout what it is today - if they hadnt invented it, then it wouldnt exist

If that's the case, Obsidian has more of a leg to stand-on then anyone. Since most of the BiS team moved there after Interplay cut them loose.
 
--
"For every human problem,
there is a neat, simple solution;
and it is always wrong."
--H.L. Mencken
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23. Re: More Fallout Legal Fallout Oct 17, 2009, 19:34 space captain
 
Bethesda made Fallout what it is today, a mainstream powerhouse... Interplay had nothing to do with it.

wow you are a retard. the original dev team made fallout what it is today - if they hadnt invented it, then it wouldnt exist
 
Go forth, and kill!
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22. Re: More Fallout Legal Fallout Oct 17, 2009, 19:31 Kosumo
 
Interplay; By the Lawyers, for the Lawyers!!!

edit - Have I've got that backwards??

This comment was edited on Oct 17, 2009, 20:03.
 
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21. Re: More Fallout Legal Fallout Oct 17, 2009, 19:02 wtf_man
 
Incorrect. The contract with Bethesda stipulated Interplay had full rights to sell the Fallout titles it produced (1, 2, Tactics and BoS). It was a part of the licensing deal just like the Fallout MMO thing was.

Bethesda argues Interplay breached contract by not vetting PR/marketing with Bethesda before putting the game on digital download services (Steam, GameTap, GoG). Interplay argues there was no vetting needed for said sales and Bethesda's interference there is in breach of contract, which might technically be true because they never advertised their Fallout games in any way. The resale companies did, but that's not relevant. The only shady thing is the "Fallout Trilogy", but I'm fairly sure that's a term Interplay used even before the release of Fallout 3, which would void Bethesda's claims of ill intent (though Bethesda could still force Interplay to drop the use of said name in good faith).

Hmm... I never heard / read that Interplay could sell the original games as being included in the purchase of the IP / Franchise.

Since I literally haven't seen the contract... I can't make a full opinion on this... but it was my understanding that the only rights Interplay retained was to make a Fallout MMO. Nothing else.

Of course, if you are correct on this... it does explain why Bethesda didn't immediately go after Interplay when they first started selling the original games on GOG, etc.

Bottom line though... I think the $30 Million that Interplay was supposed to raise in the allotted time, and didn't - is what is going to sink them. Even if Interplay had the rights to sell the original games... the so called "interference" is AFTER they missed their contractual deadline, and their rights were revoked / expired.

Now whether that includes selling the original games or not... I don't know since I haven't seen the contract (nor would I be able to translate all the lawyer-ese if I did)... but apparently Bethesda thinks revoking their previously contracted rights includes selling the original games after revoking said rights.
 
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20. Re: More Fallout Legal Fallout Oct 17, 2009, 18:59 StingingVelvet
 
Yeah, because Fallout 3 is obviously a real Fallout game.

Stop thinking with your fanboy hat on. This is about business and sales, and Bethesda made Fallout what it is today, a mainstream powerhouse... Interplay had nothing to do with it.

Even the original ideas and world come from people who now work at Obsidian for the most part, not Interplay.
 
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19. Re: More Fallout Legal Fallout Oct 17, 2009, 18:02 vrok
 
BTW, the only reason fallout IP is a huge business is because Beth made it that way. Interplay canceled several fallout games in the works, and was trying to screw the franchise up turning it into a BoS kinda thing, rather than a real fallout game.
Yeah, because Fallout 3 is obviously a real Fallout game. Rolleyes

so i don't think interplay should be allowed to screw up the franchise any longer.
You're right. Bethesda has proven to be perfectly capable of screwing it up themselves.

 
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18. Re: More Fallout Legal Fallout Oct 17, 2009, 17:56 Brother None
 
They also had ZERO rights to sell the old games. Bethesda owns the IP. So, this shareholder that is saying there is an "AMAZING LEGAL SWITCHAROO." is smoking crack. - or really got snowed by whomever is left at Interplay.

Incorrect. The contract with Bethesda stipulated Interplay had full rights to sell the Fallout titles it produced (1, 2, Tactics and BoS). It was a part of the licensing deal just like the Fallout MMO thing was.

Bethesda argues Interplay breached contract by not vetting PR/marketing with Bethesda before putting the game on digital download services (Steam, GameTap, GoG). Interplay argues there was no vetting needed for said sales and Bethesda's interference there is in breach of contract, which might technically be true because they never advertised their Fallout games in any way. The resale companies did, but that's not relevant. The only shady thing is the "Fallout Trilogy", but I'm fairly sure that's a term Interplay used even before the release of Fallout 3, which would void Bethesda's claims of ill intent (though Bethesda could still force Interplay to drop the use of said name in good faith).

Hard to say who's right there, but easy to say the court'll rule in favour of Bethesda, 'coz y'know...better lawyers.

the original crew that made fallout 1&2 are not at interplay anymore. so i don't think interplay should be allowed to screw up the franchise any longer.

Chris Taylor, lead designer of Fallout 1, works for Interplay. Jason Anderson, lead tech artist and one of the six original core designers, also worked on V13 before leaving for InXile (to work on Wasteland 2).

The "article" isn't really worth anything IMHO, read it carefully and it makes no sense.

It's not an article, it's an investor summing up court documents on an online investor forum. If I had access to the court documents I'd be happy to draw up a less overly biased summation, but even with his fervent pro-Interplay tone, it's not that hard to distil the facts of the actual court filing from what he says;

- Interplay asked for and got a 10-day extension on the preliminary injunction.
- Interplay argues it is not in breach of contract, but that Bethesda's interference in their digital download licensing deal constitutes unreasonable interference/withholding of permission as per their contract.
- Interplay states it is in fulfilment of contract regarding the Fallout MMO.
- Interplay is countersuing Bethesda over damages caused by Bethesda terminating the Interplay-Glutton Creeper Fallout PnP contract, as well as over damages caused to Interplay's reputation and finances by Bethesda sending letters to GameTap and other companies claiming Interplay had no right to sell Fallout 1, 2 and Tactics via these services.
- Interplay is arguing Bethesda is interfering to such an extent that it is in breach of contract, and the license sale is now null and void, therefore bringing the former contract (the sub-licensing deal for Fallout 3 with options on 4 and 5 only) back into effect.

This comment was edited on Oct 17, 2009, 18:01.
 
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