[quote=Shacknews]Fallout 3 developer and Fallout property owner Bethesda has filed a lawsuit against former owner Interplay to clarify that Interplay no longer holds any rights to the franchise.
Bethesda, which purchased the post-apocalyptic property from Interplay for $5.75 million, says Interplay never sought the necessary approval to re-release the original Fallout games at retail or via digital distribution, and no longer holds the Fallout MMO license.
Bethesda further claims that Interplay's unapproved re-releases of Fallout, Fallout 2 and Fallout Tactics: Brotherhood of Steel though the "Fallout Trilogy," "Fallout Collection" and "Saga Fallout" bundles are "confusingly similar to Fallout 3" and "are in direct competition with Besthesda's Goods and cannibalizes on sales of 'Fallout 3.'"
Interplay's supposed continuing development of the Fallout MMO is also at issue, as Bethesda argues the MMO license was automatically terminated in April 2009 after Interplay failed to meet the conditions established two years ago.
Two days before Bethesda claims that the MMO license automatically terminated, Interplay sent a letter stating it was "in compliance with the requirements" and requesting an amendment so that Interplay could "ultimately launch the FALLOUT MMOG to be compatible with and accessible on both handheld devices and consoles" in addition to PC. Bethesda denied this, contending that Interplay had failed to raise $30 million and enter "full-scale development," as the agreement mandated, by April 4, 2009.
Furthermore, Bethesda says that Interplay never formally responded to its declaration that the Fallout MMO license agreement had been terminated--a letter that invited Interplay to "dispute the forfeiture of license rights...within seven (7) days." However, Interplay did acknowledge the looming threat in an annual performance report.
Interplay also violated the Fallout MMO license agreement, Bethesda says, when it entered into a funding and development partnership for the project with a third-party, Masthead Studios, without the necessary approval from Bethesda.
Interplay argues that Masthead's project, codenamed Project V13, is not the Fallout MMO. However, Bethesda claims that V13 is a reference to Vault 13, "both the starting location and the the initial working title of the original Fallout game." In addition, concept art for Project V13 contains references to the Fallout universe, such as "Nuka Cola."
In compensation, Bethesda seeks unspecified monetary damages, including "Bethesda's damages and Interplay's profits...for Interplay's willful violate of Bethesda's registers trademarks," and a declaration that Interplay's "continuing use of the FALLOUT Mark without authorization constitutes willful infringement." [/quote]
[url]http://www.shacknews.com/onearticle.x/60435[/url]
[b]tl;dr:[/b] When Bethesda bought Fallout from Interplay, Interplay retained the right to make a Fallout MMO providing they started development by April 2009. They didn't, and Bethesda is pissed.
I was wondering when Bethesda were actually going to do something about this.
Serves them right.
Wasn't it because Interplay was selling Fallout 1,2, and tactics and calling it "Fallout trilogy" and Bethesda got pissed because they thought consumers would buy that thinking Fallout 3 was in the package and by doing this negating sales?
[QUOTE=Jeebz;17305696]Wasn't it because Interplay was selling Fallout 1,2, and tactics and calling it "Fallout trilogy" and Bethesda got pissed because they thought consumers would buy that thinking Fallout 3 was in the package and by doing this negating sales?[/QUOTE]
No
Ugh. Why does bethsda think that they lost "unspecified monetary damages". What did they lose? Do they actually think that Interplay is making millions by doing....nothing?
Interplay should have never sold to bethesda.
By now we'd have a kickass mmorpg instead of fallout 3
Which I would be much happier with.
This is going to set off an Interplay fanboy shitstorm. Bethesda's own forums are already clogged with pissy nostalgic isometric pricks as it is...
[QUOTE=Rofl my Waff;17305754]Interplay should have never sold to bethesda.
By now we'd have a kickass mmorpg instead of fallout 3
Which I would be much happier with.[/QUOTE]
Did you even read it?
They are pissed because interplay were supposed to start developing the MMORPG in April.
Which they didn't, so now they're pissed.
[QUOTE=TunnelSnake;17305757]This is going to set off an Interplay fanboy shitstorm. Bethesda's own forums are already clogged with pissy nostalgic isometric pricks as it is...[/QUOTE]
There's a difference in being a nostalgic isometric lover and being a fallout 1 and 2 lover.
It's an MMO, just what the Fallout series needs, why are Bethesda sueing them? it'll just heighten the franchise won't it?
[QUOTE=Monkey pie;17305778]Did you even read it?
They are pissed because interplay were supposed to start developing the MMORPG in April.
Which they didn't, so now they're pissed.[/QUOTE]
What I said has nothing to do with this specific article. Just the fact that many of interplay's to-do lists were scrapped when they sold the franchise.
funny, you assume every single Fallout 1 and 2 fan is nostalgic, I only played them for the first time this year, that isn't nostalgia, its quality games.
Todd Howard is Hack.
I do hope Bethesda wins though, so much talent is being wasted at Interplay right now.
As much as I like Fallout 1 and 2 more than 3 and as much as I think Bethesda has dumbed down the franchise, I think it has to be said that Interplay as it is now did not make Fallout. Nearly all of the people behind Fallout that mattered left Interplay a long time ago.
Putting Fallout into Bethesda's hands puts the IP in a better situation than the one it was in, in a lesser of the two evils way.
What I'd be more worried about is what this means for Fallout 1 and 2 being distributed on Steam and GoG.com.
both companies have become fags i will gladly shit on their graves
[QUOTE=UnidentifiedFlyingTard;17305814]funny, you assume every single Fallout 1 and 2 fan is nostalgic, I only played them for the first time this year, that isn't nostalgia, its quality games.
Todd Howard is Hack.
I do hope Bethesda wins though, so much talent is being wasted at Interplay right now.[/QUOTE]
So... I guess I enjoyed 1, 2, and 3, but that's impossible because 3 is a piece of shit right?
[QUOTE=Rofl my Waff;17305754]Interplay should have never sold to bethesda.
By now we'd have a kickass mmorpg instead of fallout 3
Which I would be much happier with.[/QUOTE]
You do know that Interplay would still be dead if Bethesda hadn't purchased that license from them?
[QUOTE=Rofl my Waff;17305754]Interplay should have never sold to bethesda.
By now we'd have a kickass mmorpg instead of fallout 3
Which I would be much happier with.[/QUOTE]
Interplay was fucking poor at the time, they had no choice.
Now, thanks to this, they're only shitting poor and getting sued.
Interplay should have sold the IP to Bethsda completely and used the money to focus on something else rather than taking this risky deal.
The team that made Fallout dissolved a long time ago and Interplay in its current state has barely any more experience with the IP than Bethesda or any other developer for that matter. I don't know why they want to hold on to it so bad.
They would have been better off bringing back MDK or Descent.
[QUOTE=Minorkos;17305894]You do know that Interplay would still be dead if Bethesda hadn't purchased that license from them?[/QUOTE]
It's hard to explain what I mean.
Interplay might have been defunct by the time they sold to bethesda, but they still had the rights to fallout.
The same thing that happened to cavedog with supreme commander could have easily happened to them.
This is fucking childish is what it is.
[QUOTE=smurfy;17305748]No[/QUOTE]
Yeah
[editline]08:28PM[/editline]
[QUOTE=Rofl my Waff;17306027]It's hard to explain what I mean.
Interplay might have been defunct by the time they sold to bethesda, but they still had the rights to fallout.
The same thing that happened to cavedog with supreme commander could have easily happened to them.[/QUOTE]
Interplay was the one that cancelled fallout 3 in the first place.
Black Isle were the guys that made the original Fallouts. Stop defending Interplay, they didn't even make the game.
[QUOTE=TunnelSnake;17305757]This is going to set off an Interplay fanboy shitstorm. Bethesda's own forums are already clogged with pissy nostalgic isometric pricks as it is...[/QUOTE]
fallout 1 and 2 have fanboys?
why?
Some times I wonder. "What if BioWare bought Fallout?"
Bethesda should fuck off, interplay will always own fallout, sold or not.
Oh god I forgot about NMA. They are gonna be pissed.
[QUOTE=Jeebz;17306146]Yeah
[editline]08:28PM[/editline]
Interplay was the one that cancelled fallout 3 in the first place.
Black Isle were the guys that made the original Fallouts. Stop defending Interplay, they didn't even make the game.[/QUOTE]
My posts have nothing defending interplay
If anything they are blaming interplay.
I never said that they made fallout 3, I said if they hadn't sold to bethesda.
Although I did fuck up with black isle in regards to who I meant forming a spiritual successor company.
You know what, Fallout 3 was a good game. Why bother bitching about it? This lawsuit will probably fall through and be settled out of court with Interplay still getting to design and make some new Fallout based game.
Yes, dumb me because I'm actually satisfied at some point in my life by a game that was actually pretty good. Did I say that it was better than 1 or 2? No. It's still a solid game.
[QUOTE=Rofl my Waff;17305754]Interplay should have never sold to bethesda.
By now we'd have a kickass mmorpg instead of fallout 3
Which I would be much happier with.[/QUOTE]
The Fallout games were never good. At least for me
[QUOTE=smurfy;17306395]Oh god I forgot about NMA. They are gonna be pissed.[/QUOTE]
Not as much as you'd think, for the most part NMA hates Interplay almost as much they hate Bethesda, if not more.
They're more pissed about the lawsuit regarding the sale of the Fallout 1, 2, and Tactics.
[QUOTE=HeavyMtl123;17305790]It's an MMO, just what the Fallout series needs, why are Bethesda sueing them? it'll just heighten the franchise won't it?[/QUOTE]
Because they were given 2 years to start developing it and they haven't.
Sorry, you need to Log In to post a reply to this thread.
