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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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