Posted 09/14/09 at 10:23:57 PM by Nathan Grayson

Another day, another videogame-related legal battle. This time, it’s Bethesda that’s putting on its hockey mask and revving up the litigation machine while Interplay attempts to avoid paying an arm and a leg in return for what Bethesda calls “willful infringement.”

The gist of it goes like this: Current Fallout publisher Bethesda says that Interplay never acquired the proper rights to re-release earlier Fallout games digitally or in any other form. Interplay, who sold the Fallout series to Bethesda back in 2007, has been distributing Fallouts 1, 2, and Tactics for quite a while now – apparently against Bethesda’s will.

Bethesda’s also taking aim at Interplay’s still-unconfirmed Fallout MMO, supposedly codenamed “Project V13.” As part of an agreement, Interplay was supposed to have raised $30 million and entered “full-scale development” on the game by April 4, 2009. Bethesda contends that Interplay failed to reach this milestone, thereby terminating the agreement.

Interplay, however, claims that everything’s fine and dandy as far as the agreement’s concerned, and that Bethesda had no reason to terminate. Bethesda, meanwhile, also takes issue with Interplay’s unapproved Project V13 funding agreement with Masthead Studios. To this, Interplay simply replied that V13 is a different project, separate from its Fallout MMO.

And that’s only the short version of this extremely convoluted tale. If you’d like to know more and have nothing better to do for, oh, the next 4,234 years, you can read all about it here.

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Posted 04/17/09 at 02:11:13 AM by Nathan Grayson

A giant world of post-apocalyptic intrigue – bombed and obliterated to perfection by Fallout lead designer Chris Taylor, no less – seems like an excellent setting for an MMO, no? So it’s with a heavy heart that we bring you word of said MMO’s potential cancellation, courtesy of the dream-destroyers over at Bethesda – who may or may not be within their rights to drop the axe.
 
See, back when Bethesda first nabbed the Fallout property from Interplay’s hobbling, not-quite-dead-yet form, Interplay retained the right to develop a Fallout MMO – but only under the condition that it somehow amass $30 million and enter full scale development within two years. That agreement was made two years ago. Unfortunately, Bethesda’s calendars seem to be in working order.
 
“Interplay recently received notice that Bethesda Softworks, LLC (‘Bethesda’) intends to terminate the trademark license agreement between Bethesda and Interplay which was entered into April 4, 2007 for the development of FALLOUT MMOG. Despite the fact that no formal action is currently pending, Bethesda claims that Interplay is in breach of the trademark license agreement for failure to commence full scale development of same by April 4, 2009 and to secure certain funding for the MMOG,” reads an Interplay performance report.

“Interplay adamantly disputes these claims. Although the potential damages are currently unknown, if Bethesda ultimately prevails and cancels the trademark license agreement, Interplay would lose its license back of the ‘Fallout’ MMOG and any damages resulting therefrom are unknown at this time.”
 
According to a recent SEC filing, Interplay entered 2009 with little more than tumbleweeds in its bank account, so things aren’t exactly looking good. Then again, the potentially penniless publisher recently entered into a partnership with Masthead Studios, so at least something’s brewing over there.

Here’s hoping – and really, this is about the only time we’ll ever come to our deity of choice with this particular wish – this terrifying vision of the nuclear apocalypse eventually sees the disheartening, gray light of day.

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