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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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6. Re: More Fallout Online Legal News Nov 8, 2011, 00:03 Dev
 
Beelzebud wrote on Nov 7, 2011, 22:55:
I think Bethesda signed this deal in bad faith, never intending to honor it, assuming Interplay wouldn't get an investor.

Well, Interplay found an investor, and now it just looks like Bethesda is attempting to bleed them out in lawyer fees.

The deal said they had to have $30 million by 2 years ago. So it doesn't matter if they have an investor NOW or not, just if they had one THEN.

I doubt they had one at all now or then. Easy enough to read the financials, I don't recall them saying they had $30 million in funding at anytime in the past few years.

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?

Parallax Abstraction wrote on Nov 7, 2011, 23:36:
Bethesda/ZeniMax isn't the most spotless company in the world I'll admit but Herve Caen is a crook who ran Interplay and Titus into the ground and left hundreds of employees and investors holding the bag at the end while he kept drawing a salary and fled to the US to avoid the French tax man. I can't imagine why anyone would be on his side here.
^ This. After FO 1&2 they screwed the fallout franchise into the ground (such as the crappy console only fallout title) and fired all of black island, etc, before beth bought it out.

 
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    Date Subject Author
  1. Nov 7, 22:23 Re: More Fallout Online Legal News Dev
  2. Nov 7, 22:40  Re: More Fallout Online Legal News Sepharo
  3. Nov 7, 22:55   Re: More Fallout Online Legal News Beelzebud
  5. Nov 7, 23:36    Re: More Fallout Online Legal News Parallax Abstraction
>> 6. Nov 8, 00:03     Re: More Fallout Online Legal News Dev
  8. Nov 8, 00:38      Re: More Fallout Online Legal News Warskull
  10. Nov 8, 01:00       Re: More Fallout Online Legal News Dev
  9. Nov 8, 00:43      Re: More Fallout Online Legal News WyldKat
  14. Nov 8, 04:54     Re: More Fallout Online Legal News Fibrocyte
  16. Nov 8, 06:41      Re: More Fallout Online Legal News Dev
  17. Nov 8, 08:26       Re: More Fallout Online Legal News Lorcin
  20. Nov 9, 00:46       Re: More Fallout Online Legal News orionquest
  21. Nov 9, 04:23        Re: More Fallout Online Legal News Dev
  7. Nov 8, 00:11   Re: More Fallout Online Legal News killer_roach
  4. Nov 7, 23:27 Re: More Fallout Online Legal News Krodge
  15. Nov 8, 06:01  Re: More Fallout Online Legal News WarpCrow
  11. Nov 8, 02:14 Re: More Fallout Online Legal News WyldKat
  12. Nov 8, 02:56  scott@lampert.org Scottso
  13. Nov 8, 04:23   Re: scott@lampert.org Dev
  18. Nov 8, 10:27 Re: More Fallout Online Legal News Shineyguy
  19. Nov 9, 00:32 Re: More Fallout Online Legal News orionquest


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