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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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7. Re: More Fallout Online Legal News Nov 8, 2011, 00:11 killer_roach
 
Sepharo wrote on Nov 7, 2011, 22:40:
That's great and all but I think I'll wait for the resident lawyer here to tell us what this means.

Would like to know on this as well - have an interest in contract law, but I'm an economist with a BA in Public Law... my knowledge of contract law is, sadly, limited.

All I can really speak to myself is point (4), which seems a bit assertive, but not out of the ordinary. Mistake would be something that you would think Interplay would be putting into their response to the lawsuit to begin with as an affirmative defense while they tried to assemble a more complete defense... adding it in now smacks of desperation (and would likely make Bethesda, once the jury trial starts, attempt to move for summary judgment and squash Interplay's case once and for all).
 
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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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