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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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19. Re: More Fallout Online Legal News Nov 9, 2011, 00:32 orionquest
 
Bethesda's argument is so retarded and paradoxical that is smacks of collusion.

Not saying it is but really? this is all they could come up with?

Their arguments that it is a Fallout in name only game( which would never allow a sign off for publishing by Interplay) is actually a major if not the critical breach of the contract!

Do they even know what they are doing?

I predicted this before but never thought that they would actually do it to this level:

I said that Bethesda would actually argue a case that hangs them by their own noose and they are f'in doing it! How cool is that!!!!!!

Bad faith contracting, major breaches, redacting and recreating history, arguing for proof and then requesting the disallowing of presenting such proof.

It all smacks of a put up job by Bethesda who for all intents and purposes could have been buying up Interplay shares in the open market at rock bottom prices and then announce a settlement which skyrockets Interplay and which allows Bethesda to make more money from the stock than from collecting on the 12&% MMO royalties, all for the relatively tiny payment to lawyers!

Brilliant. They could even buy a stake in Interplay which would be another catalyst to sky it and cause the stake to be that much more valuable than a game's 50 million $ profit.


Other than this feasible but somewhat outlandishly smart scenario, what Bethesda's lawyers are doing makes absolutely no sense.

You can't just sign an contract with a company saying they can develop a Fallout world MMO game( if they do it in time based on meeting requirements or basically release it generic without Fallout elements if they don't) and then come back years later and argue that no, you only had the right to use the name Fallout but based on the way we structured the agreement to authorize you to publish the MMO, you can never meet the requirements that it adheres to the Fallout world because you are no longer allowed to use the Fallout World because our Lawyers think they've discovered Dark Matter that can allow us to interpret a contract the way we see fit and leave out parts that don't fit into our Dark Matter continuum.

Bethesda is off its rocker if the Judge doesn't suddenly just stop proceedings at trial, takes the contract and tears it up right there even before the Jury has had time to digest let alone deliberate over this lunacy!

Never mind the fact that winning the lawsuit guarantees no MMO for Bethesda until 4 yrs after winning an Interplay appeal which means mid 2016 the earliest.

Why? Their COO is on record stating that he believe it takes 4 yrs to make an MMO. If they dare release a secretly created Fallout MMO before then, he is guilty of perjury and the case is reopened.

Their lawyer first said no to a question by the judge of is Bethesda secretly making Fallout MMO.

Then he backtracked and said He doesn't think so, then he said he does not know.

Well, that right there is bullshit. It's not an ABC or D for all of the above answer. It gives hint to what Bethesda is risking:

Multi tens of millions illegally( contract negating illegality) developing an MMO that cannot see the light of day or else they negotiated a fraudulent contract by licensing Interplay a Fallout MMO that they were simultaneously developing.

Bad Contracting 101 or

self suicide of one's Quake Deathmatch avatar over and over again.
 
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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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