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Bethesda & Interplay Fallout Settlement Nears?

An article on The Fallout wiki attempts to summarize the current state of the long-running legal dispute between interplay and Bethesda over the rights to the Fallout series of post-apocalyptic role-playing games. This includes a Q&A that mentions that this no longer includes any conflict over the "Fallout Trilogy." Here's that: "Both sides have previously agreed to drop this from the case (Bethesda raised it, and Interplay agreed). The case now just concerns future Fallout games." There's also this update stating that Bethesda has filed a motion to seal portions of the case, saying that this can often be an indication that an out-of-court settlement is in the works. Thanks Le Wastelander.

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14. Re: Bethesda & Interplay Fallout Settlement Nears? Dec 29, 2011, 13:34 wtf_man
 
Neutral Facts Here

Pasting from that link:


~ First, Bethesda bought the rights to create 3 Fallout games from Interplay. This is called the ELA.
~ In 2007 Bethesda then purchased the full Fallout Intelectual property (this sale is refered to as the asset purchase agreement or APA). As a part of this sale Interplay (believed) they licensed back the rights to create a Fallout MMO and market the existing Fallout games.
~ The terms of this license said they needed to start "full scale production" and have $US30 million in funding by April 4 2009., amongst other provisions.
~ In April 2009 Bethesda gave notice to Interplay that they were terminating the license, believing that Interplay had neither the funding, nor started full scale development.
~ Bethesda cite Interplay's own Financial documents as their evidence that these conditions where not met.
~ Bethesda then filed suit to prevent further development, and sales of the existing Fallout games.
~ Bethesda failed in an injunction to get Interplay to stop making Fallout Online pending the lawsuit result.
~ Both sides agreed on Bethesda's instigation to stop the parts of the case referring to the older Fallout games.
~ Bethesda amended its case to argue that the TLA only gave Interplay the rights to make a MMO named Fallout, rather than a game including the elements of Fallout that make the game what it is, like the Brotherhood, Mutants, etc (these are covered by copyright, not trademark).
~ Interplay in turn have argued that this means that the TLA is ambiguous and therefore invalid; and as they argue the TLA is a part of the APA, the whole sale of Fallout is therefore invalid.
~ The Bench (not Jury) trial started Dec 12.

Please READ the RED parts.

There is NO FUCKIN' WAY one can argue that Bethesda used Litigation to stop Inteplay, BEFORE contractual agreements were not met. The timeline speaks for itself.

So there is no "BULLYING" by Bethesda. Any BS things that were tacked on, was stupid lawyers "jockeying" to add on BS, and have been dropped for the most part.

The bottom line is in the APA and TLA, and a court will decide who is in the right.

This comment was edited on Dec 29, 2011, 13:54.
 
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  1. Dec 29, 11:15 Re: Bethesda & Interplay Fallout Settlement Nears? nin
  2. Dec 29, 12:11  Re: Bethesda & Interplay Fallout Settlement Nears? Krovven
  3. Dec 29, 12:19   Re: Bethesda & Interplay Fallout Settlement Nears? Parallax Abstraction
  5. Dec 29, 12:39    Re: Bethesda & Interplay Fallout Settlement Nears? Krovven
  7. Dec 29, 12:57     Re: Bethesda & Interplay Fallout Settlement Nears? Parallax Abstraction
  16. Dec 29, 14:25      Re: Bethesda & Interplay Fallout Settlement Nears? Krovven
  18. Dec 29, 14:53       Re: Bethesda & Interplay Fallout Settlement Nears? killer_roach
  19. Dec 29, 15:06       Re: Bethesda & Interplay Fallout Settlement Nears? Parallax Abstraction
  20. Dec 29, 15:37       Re: Bethesda & Interplay Fallout Settlement Nears? Dev
  22. Dec 29, 15:48        Re: Bethesda & Interplay Fallout Settlement Nears? Krovven
  23. Dec 29, 16:14         Re: Bethesda & Interplay Fallout Settlement Nears? Parallax Abstraction
  24. Dec 29, 16:28         Re: Bethesda & Interplay Fallout Settlement Nears? wtf_man
  34. Dec 30, 09:39         Re: Bethesda & Interplay Fallout Settlement Nears? CJ_Parker
  4. Dec 29, 12:31   Re: Bethesda & Interplay Fallout Settlement Nears? wtf_man
  6. Dec 29, 12:45    Re: Bethesda & Interplay Fallout Settlement Nears? Krovven
  9. Dec 29, 13:04     Re: Bethesda & Interplay Fallout Settlement Nears? wtf_man
  10. Dec 29, 13:08      Re: Bethesda & Interplay Fallout Settlement Nears? Dev
  11. Dec 29, 13:17       Re: Bethesda & Interplay Fallout Settlement Nears? Parallax Abstraction
  12. Dec 29, 13:26        Re: Bethesda & Interplay Fallout Settlement Nears? Dev
  8. Dec 29, 13:00 Re: Bethesda & Interplay Fallout Settlement Nears? Dev
  13. Dec 29, 13:31 Re: Bethesda & Interplay Fallout Settlement Nears? Silicon Avatar
  15. Dec 29, 13:35  Re: Bethesda & Interplay Fallout Settlement Nears? Dev
>> 14. Dec 29, 13:34 Re: Bethesda & Interplay Fallout Settlement Nears? wtf_man
  17. Dec 29, 14:32 Re: Bethesda & Interplay Fallout Settlement Nears? venomhed
  21. Dec 29, 15:38 Re: Bethesda & Interplay Fallout Settlement Nears? theyarecomingforyou
  25. Dec 29, 17:03 Re: Bethesda & Interplay Fallout Settlement Nears? Cutter
  26. Dec 29, 17:32  Re: Bethesda & Interplay Fallout Settlement Nears? Dev
  27. Dec 29, 19:11   Re: Bethesda & Interplay Fallout Settlement Nears? Cutter
  28. Dec 29, 20:03   Re: Bethesda & Interplay Fallout Settlement Nears? Jerykk
  30. Dec 29, 20:20    Re: Bethesda & Interplay Fallout Settlement Nears? Dev
  29. Dec 29, 20:09 Re: Bethesda & Interplay Fallout Settlement Nears? wtf_man
  31. Dec 29, 22:23 Re: Bethesda & Interplay Fallout Settlement Nears? creatorswhim
  32. Dec 29, 22:39  Re: Bethesda & Interplay Fallout Settlement Nears? Jerykk
  33. Dec 30, 03:50   Re: Bethesda & Interplay Fallout Settlement Nears? InBlack
  35. Dec 31, 03:05 Re: Bethesda & Interplay Fallout Settlement Nears? orionquest
  36. Jan 4, 00:41  Re: Bethesda & Interplay Fallout Settlement Nears? Dev


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