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Real Name orionquest   
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Nickname orionquest
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Signed On Nov 9, 2011, 03:58
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User ID 57216
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News Comments > Bethesda & Interplay Fallout Settlement Nears?
35. Re: Bethesda & Interplay Fallout Settlement Nears? Dec 31, 2011, 03:05 orionquest
So many bloggers, forum posters have been puzzling over the court case and why is the court still in session.

So much futile wasted time really.

All anyone had to do was call the court reporter on Dec 13th and ask, is the court in session today?

The court reporter's reply is no. The case is no longer being adjudicated.

#1 confirmed there are no more court dates.
#2 The Judge did not rule on a verdict.

So that leaves #3 for those who have even a little shred of deductive reasoning plus some reporter like fact checking to back it up.

It's a settlement. what type of settlement is it?

Well, the franchise is now worth over $800 million and will go over a Billion quickly in the future.

Bethesda does not want to lose their cash cow. So what's a company flush with cash to do other than wave around multiples time more cash than current valuation of the other little company that has fought through two injunctions and was offered a settlement?

BTW, Blue's news just got quoted in the Wall Street Journal.


A small company worth only 7 million is getting a settlement over an $ 800 million and counting Intellectual property.

There's money to be made for sure for those that are savvy enough to figure this rather simple idea.

Here's another hint since most posters only ponder how they can afford their gaming habits: a company with a 6 cent a share stock is getting a settlement of monies with possibly many times that value per share.

Ever heard of an inverted P/E ratio?

They only happen every once in a while and not for long either.
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News Comments > More Fallout Online Legal News
20. Re: More Fallout Online Legal News Nov 9, 2011, 00:46 orionquest
" Re: what Dev wrote:"

"More Fallout Online Legal News Nov 8, 2011, 06:41 Dev"
A full-scale development team could burn through 30M in 4 years... so it makes sense they're almost out of cash if they followed the legal guidelines.
But not if you follow the filings such as annual reports. Show me where it says they got $30 million in funding.

I'll tell you what it says etc......"

They have a few outs. Masthead, via the contract that is sealed before the court, supplies them with sub-contract development work equal to a certain amount. A letter of intent with I2G games supplies the rest of the money when it is needed for launch.

But there are more important matters that go before that. This is a bad faith contract and Bethesda is to blame for that by arguing Interplay has the right to only the name Fallout which automatically disqualifies Interplay from ever releasing a Fallout MMO that adheres to Bethesda's stipulation that it resembles the Fallout world.

Also Bethesda Lawyers prohibited Interplay from putting out press releases stating that they were working on a Fallout MMO as far back as March of 2008.

This is another no no. It's called Sabotage. Interplay had the right to work on the game and not provide proof of 30 million up until the deadline.

Putting out a press release stating they were working on the game would have attracted many more investors in the plan( besides the one European multi-billion asset hedge fund)

Interplay is a public company that can tap the capital markets provided they are allowed to say they are working on a game that a contract says they have a right to work on. a game that ties in to a game franchise that just had blockbuster 600 million $ in sales total reported.

Investors would pony up lots of money to get in on a ground floor opportunity like that.

Bethesda lawyers threats and muzzling of Interplay denied all of these possibilities and created the very financial uncertainty for Interplay that they are bringing up as a point in court.

It's like trading for a Basketball player then nullifying the contract
since the player did not pass his physical because he was beaten up to injury status by your thugs on his way to the physical.

Bethesda put stumbling blocks before them and they are detailed in court evidence long before the April 2009 put up or shut up funding and full scale development deadline.

This contract is no longer binding because it is clear as day that it is a fraudulent contract and again, Bethesda is the company that made it into a fraud by showing their bad faith contracting intent as a court argument signed and sealed before a judge.

They cannot redact that fact that they never intended to honor an Interplay Fallout MMO release. A contract violating intent was their freaking argument in court!

This comment was edited on Nov 9, 2011, 00:59.
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News Comments > More Fallout Online Legal News
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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