Send News. Want a reply? Read this. More in the FAQ.   News Forum - All Forums - Mobile - PDA - RSS Headlines  RSS Headlines   Twitter  Twitter
Customize
User Settings
Styles:
LAN Parties
Upcoming one-time events:

Regularly scheduled events

Legal Fallout Continues

The Fallout Wiki has the latest on the ongoing legal battle between Interplay and Bethesda Softworks over rights to use the Fallout name and to create a Fallout MMORPG. Word is today the court denied a motion by Bethesda to dismiss a counterclaim by Interplay, though Interplay has until February 7 to comply with a "motion to compel," with the judge saying: "Many of Interplay’s responses to Bethesda’s discovery requests – including many of its supplemental responses on the motion to compel - are boilerplate objections. These objections are not useful and the parties are urged not to use them." They outline various materials Interplay is required to produce, and describe how some of these involve trade secrets, and will only be shown to Bethesda's outside counsel. To recap, when Bethesda bought the Fallout rights in 2007, Interplay retained rights to create a Fallout MMORPG, and the two companies have been dueling things out in the courts since late 2009 over whether those conditions are being met, and exactly what rights Interplay retains to use Fallout intellectual property and the Fallout name in marketing the older games in the series.

View
21 Replies. 2 pages. Viewing page 1.
< Newer [ 1 2 ] Older >

21. Re: Legal Fallout Continues Jan 15, 2011, 04:00 Dev
 
Cutter wrote on Jan 14, 2011, 23:02:
Dev wrote on Jan 14, 2011, 22:08:
The only reason lots of people are interested is the success of the Beth games in bringing the IP to the mass market. At the time of sale, the fallout IP was going down the tubes due mainly in part to how interplay was stomping on it and screwing it up trying to bring it over to consoles. It wasn't just the fallout IP either, the entire interplay company was going down the same route.

You make it sound like Interplay didn't do...
A) Which was in its rights to do
B) Milk the Ip for all it's worth.

Hey man, that's the free market. Bethsoft could have paid them for the lock, stock and barrel, but chose not to. They figure there's no way that Iplay could come up with the bucks to do and they got caught with their pants down. I'm not cheerleading Iplay here, but I am giving them kudos because they played it much better than Bethsoft did. In short, Bethsoft screwed the pooch on this deal and it's not Iplay's fault. And I'm sure they could come to some sort of amicable arrangement for both parties, but it seems they want it all. Well, money talks, BS walks. Bethsoft was myopic and now they have to pay the piper. Sucks to be them. And, uh, god bless America.
Lets think about this here for a minute. What was the smart move for bethesda buying a failing IP (due entirely to how Interplay was treating it and rushing FO games out and making console crap that was so crappy it wasn't even selling to console owners) that wasn't making much money or sales (heck even at its height of success it didn't make even a fraction of what bethesda made it into)? Pay under $6 million for everything but the MMO IP rights and set it up so a failing company is very unlikely to retain the MMO rights and even if they do, rake in a hefty percentage off the top as royalties; or pay almost twenty times more, $100 million to get the MMO rights included on a risky investment in a failing IP?

Pretty sure its the $6 million choice.

The contract said Interplay had to start development with $30 million by early 2009 (this by a bankrupt interplay), or lose the rights. Keep in mind that Interplay signed this. They weren't forced into anything. They were headed down the tubes ever since the French bought Interplay out in 2001 and threatening to sue, forced out CEO Fargo and replaced him with Caen. Caen fired all the Black Isle studio employees not too long after and right before a Christmas, and before the release of the failed fallout BOS. BTW, Caen was jumping ship from the failing Titus publishing company which he started, to Interplay which he then drove under.
Look, I loved a lot of interplay games, not the least of which is Fallout. But when Caen took it over, it was downhill from there.
Interplay Game List

Take a look, is there really anything good or interesting that Interplay has done since 2002 and Icewind Dale 2?

That early 2009 date has passed, so its down to if interplay can prove they had that stuff by that date for the fallout MMO development.

Interplay wants to break free of Bethesda, not only because they want the MMO IP, but because if they don't by contract they STILL owe bethesda 12% of everything they bring in from the MMO.

I don't think Bethesda screwed the pooch, they wrote up the contract so all the odds are stacked for them and against Interplay, even IF interplay succeeds they get hit with that hefty 12% royalties. And interplay signed all this. You are right, its a free market, and they made the choice to sign. Don't see any paying the piper in the future for Bethesda. If nothing else and Interplay retains MMO rights, Bethesda can sit back and pull in 12% with zero work.

This comment was edited on Jan 15, 2011, 04:48.
 
Reply Quote Edit Delete Report
 
20. Re: Legal Fallout Continues Jan 15, 2011, 01:21 Creston
 
I wish some judge would just say, "How about you two go fuck yourselves with your bullshit lawsuit and motions and requests and kindergarten asshattery, and stop wasting the fucking US taxpayer's dollars."

One can dream.

Creston
 
Avatar 15604
 
Reply Quote Edit Delete Report
 
19. Re: Legal Fallout Continues Jan 14, 2011, 23:02 Cutter
 
Dev wrote on Jan 14, 2011, 22:08:
The only reason lots of people are interested is the success of the Beth games in bringing the IP to the mass market. At the time of sale, the fallout IP was going down the tubes due mainly in part to how interplay was stomping on it and screwing it up trying to bring it over to consoles. It wasn't just the fallout IP either, the entire interplay company was going down the same route.

You make it sound like Interplay didn't do...
A) Which was in its rights to do
B) Milk the Ip for all it's worth.

Hey man, that's the free market. Bethsoft could have paid them for the lock, stock and barrel, but chose not to. They figure there's no way that Iplay could come up with the bucks to do and they got caught with their pants down. I'm not cheerleading Iplay here, but I am giving them kudos because they played it much better than Bethsoft did. In short, Bethsoft screwed the pooch on this deal and it's not Iplay's fault. And I'm sure they could come to some sort of amicable arrangement for both parties, but it seems they want it all. Well, money talks, BS walks. Bethsoft was myopic and now they have to pay the piper. Sucks to be them. And, uh, god bless America.
 
Avatar 25394
 
"The South will boogie again!" - Disco Stu
Reply Quote Edit Delete Report
 
18. Re: Legal Fallout Continues Jan 14, 2011, 22:08 Dev
 
Icewind wrote on Jan 14, 2011, 16:07:
The truth:

Bethesda didn't care about giving Interplay the rights back when the sale took place because they figured it was unlikely they'd ever survive long enough to make the game, and even if they did they expected the game to suck.

Unfortunately, Interplay is making the game and it looks like people are interested.

Now, Bethesda is bitter and regretful and is becoming an indian-giver.

None of the above. Bethesda DID care, they just didn't want to pay the crazy price Interplay was asking of around $100 million for the MMO rights ONLY. They knew interplay was going down the tubes, and so thats why they wrote it up that way (interplay signed it, so its kinda their fault). If interplay hasn't gotten significant progress and a big investment into the MMO by now, I'm pretty sure the rights revert to bethesda.

There's been more detailed history of this complete with source links in some of the past threads when blues news stories come up. I wrote some of them, feel free to check them out if you want more info.

The only reason lots of people are interested is the success of the Beth games in bringing the IP to the mass market. At the time of sale, the fallout IP was going down the tubes due mainly in part to how interplay was stomping on it and screwing it up trying to bring it over to consoles. It wasn't just the fallout IP either, the entire interplay company was going down the same route.
 
Reply Quote Edit Delete Report
 
17. Re: take this shit to thunderdome Jan 14, 2011, 20:30 space captain
 
Techie714 © wrote on Jan 14, 2011, 16:40:
Two men enter...ONE MAN LEAVES!!

you can shovel shit, cant you?
 
Go forth, and kill!
Reply Quote Edit Delete Report
 
16. Re: Legal Fallout Continues Jan 14, 2011, 19:58 Akuinnen
 
I'm pretty sure both sides knew this would end up in court when they agreed to the deal. Bethesda figured either Interplay would die or it would be cheaper to wrestle the rights in court. Interplay probably doesn't have the resources to put out a Fallout MMORPG but want to hold onto rights until they sell the rights or settle with Bethesda.  
Avatar 23266
 
Reply Quote Edit Delete Report
 
15. Re: Legal Fallout Continues Jan 14, 2011, 19:52 DedEye
 
I know that Iplay hasn't made a good game in years (decades?) and I've enjoyed FO3 and New Vegas very much despite my initial concerns regarding major changes in gameplay (PoV, turn based, etc). Guess whose corner I'm in?

Assuming work is being done and deadlines met, it should be easy enough to prove, no? If so, why is Iplay resorting to
"Many of Interplay’s responses to Bethesda’s discovery requests – including many of its supplemental responses on the motion to compel - are boilerplate objections.
?

Bear in mind I'm not in the legal profession, so something might be going over my head.

 
Avatar 14820
 
Reply Quote Edit Delete Report
 
14. Re: Legal Fallout Continues Jan 14, 2011, 18:56 Cutter
 
Well, whether you like Interplay or not it sounds like Bethsoft are the guys that screwed up the deal here and now are trying the obvious, and failing, tactics instead of re-negotiate in good faith. I'd have to assume Iplay knows they can't make a real success of this and their end play is actually a re-nogiation of the deal to let Bethsoft have control for a vested stake to see a continual influx of cash to get back on their feet and do other things. It was really shortsighted of Bethsoft actually and clever on Iplay's part.

 
Avatar 25394
 
"The South will boogie again!" - Disco Stu
Reply Quote Edit Delete Report
 
13. Re: Legal Fallout Continues Jan 14, 2011, 18:45 Pankin
 
This shit better not delay Fallout 4. That's all I have to say about it.  
Avatar 55260
 
Reply Quote Edit Delete Report
 
12. Re: take this shit to thunderdome Jan 14, 2011, 17:31 Nameless Again
 
Go away Interplay. Nobody likes you.  
Reply Quote Edit Delete Report
 
11. Re: take this shit to thunderdome Jan 14, 2011, 17:09 Kosumo
 
space captain wrote on Jan 14, 2011, 15:14:
you take your chances with the law - justice is only a roll of the dice, a flip of the coin, a turn of the wheel...

..... the handing over of a brown paper bag of money
 
Reply Quote Edit Delete Report
 
10. Re: Legal Fallout Continues Jan 14, 2011, 16:45 Kxmode
 
Besthesda: I *object*, Your Honor, and I move to strike!

Judge: I don't know what you're on, but you better get to the point, and quick!

This comment was edited on Jan 14, 2011, 16:50.
 
Avatar 18786
 
Reply Quote Edit Delete Report
 
9. Re: take this shit to thunderdome Jan 14, 2011, 16:40 Techie714 ©
 
space captain wrote on Jan 14, 2011, 15:14:
you take your chances with the law - justice is only a roll of the dice, a flip of the coin, a turn of the wheel...

Two men enter...ONE MAN LEAVES!!
 
Avatar 25373
 
Steam (ID)
http://steamcommunity.com/id/techie714/
DEAD SH0T
Keep your privacy!
http://prism-break.org/
Reply Quote Edit Delete Report
 
8. Re: Legal Fallout Continues Jan 14, 2011, 16:19 El Pit
 
Icewind wrote on Jan 14, 2011, 16:07:
The truth:

Bethesda didn't care about giving Interplay the rights back when the sale took place because they figured it was unlikely they'd ever survive long enough to make the game, and even if they did they expected the game to suck.

Unfortunately, Interplay is making the game and it looks like people are interested.

Now, Bethesda is bitter and regretful and is becoming an indian-giver.

You've seen the game? Played it? Did you? If not, how do you know that Interplay is really working on an MMO? And do they have sufficient funds? So much about "truth".

Truth is: there's a contract. Either Interplay sticks to the contract, or they don't. If they don't, they'll lose the rights. Let's hope the judge can sort it out in the court room.
 
Consoles? I owned two: a Pong clone and an Atari 2600. And that's it.
Reply Quote Edit Delete Report
 
7. Re: Legal Fallout Continues Jan 14, 2011, 16:07 Icewind
 
The truth:

Bethesda didn't care about giving Interplay the rights back when the sale took place because they figured it was unlikely they'd ever survive long enough to make the game, and even if they did they expected the game to suck.

Unfortunately, Interplay is making the game and it looks like people are interested.

Now, Bethesda is bitter and regretful and is becoming an indian-giver.
 
Reply Quote Edit Delete Report
 
6. Re: Legal Fallout Continues Jan 14, 2011, 16:05 Ashley
 
Just to clarify.
I was waaaaay oversimplifying with my question below but since it looks like a knowledgeable crowd here, I was wondering if Interplay was trying to use some of Bethesda's more recent IP to satisfy requirements that they (Interplay) were supposed to come up with on their own. Like maybe using familiar looking maps or items straight from B's GECK

 
Reply Quote Edit Delete Report
 
5. Re: Legal Fallout Continues Jan 14, 2011, 15:55 Dev
 
eRe4s3r wrote on Jan 14, 2011, 15:43:
I always thought it was more like -> They had the rights to a make a Fallout MMO, but with a dead-line. Dead line has passed, no MMO in sight.
Yeah exactly. It was a deadline with a certain amount of progress and funding necessary for interplay to keep the rights. If it didn't happen, it reverted to Beth. And the reason it happened was that interplay wanted an insane amount to include the MMO rights too.
One of the things this lawsuit is about is Bethesda basically saying "you guys didn't meet the goals on the MMO so its ours now).

Sounds like interplay is throwing things to the wall to see whats sticking and the judge is getting fed up.
 
Reply Quote Edit Delete Report
 
4. Re: Legal Fallout Continues Jan 14, 2011, 15:43 eRe4s3r
 
I always thought it was more like -> They had the rights to a make a Fallout MMO, but with a dead-line. Dead line has passed, no MMO in sight.  
Avatar 54727
 
Reply Quote Edit Delete Report
 
3. Re: Legal Fallout Continues Jan 14, 2011, 15:33 Ashley
 
I've always wondered if Interplay is trying to claim that they can take FO3 and make it multiplayer? Sometimes these legal docs sound like that's what this is about. Probably a whole lot of nastiness going on that we'll never know about


 
Reply Quote Edit Delete Report
 
2. take this shit to thunderdome Jan 14, 2011, 15:14 space captain
 
you take your chances with the law - justice is only a roll of the dice, a flip of the coin, a turn of the wheel...  
Go forth, and kill!
Reply Quote Edit Delete Report
 
21 Replies. 2 pages. Viewing page 1.
< Newer [ 1 2 ] Older >


footer

Blue's News logo