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Thanks to Interplay shareholder orionquest, we have acquired a partial transcript of the preliminary injunction hearing in the Bethesda v. Interplay case. For now, full transcripts are not publicly available, but we'll let you know when they are.
Mr. Gersh is Interplay's lawyer, Mr. Marbury is Bethesda's, and the Court is judge Deborah K. Chasanow.
Furthermore, at Duck and Cover, orionquest has posted this additional info about the state of Project V13 development:Read more >
The court did not grant Bethesda's request for a preliminary injunction against Interplay, which would stop the company from selling Fallout Trilogy and other such packs, as well as from working on Project V13. However, Bethesda does not give up and is trying to appeal the ruling.
Bethesda is now represented by Steptoe and Johnson, LLC and DLA Piper (one of the biggest law firms in the world), which previously represented Bethesda, has officially withdrawn from the case. Apparently Bethesda was not happy with their performance in the preliminary injunction hearing.
Aside from that, orionquest, one of Interplay's shareholders, has posted several excerpts from actual court transcripts at No Mutants Allowed. The post itself is of course biased in favor of Interplay, but as far as I know the transcripts are accurate.Read more >
Two of the G4 staffers mention Fallout: New Vegas on their list of most anticipated games of 2010:
Joe Paulding -- Promotions Manager:
Stephen Johnson -- Lead Editor:
Too bad neither of them mentioned that it's actually being developed by some of the creators of Fallout and Fallout 2, which makes some of us much more excited about it than about Bethesda's Fallout 3.
TheSixthAxis also nentions New Vegas as one of the 100 PS3 Games of 2010. It holds the #41 spot:
Big Download, on the other hand, gives it the #10 spot on its list of Top 10 Most Anticipated PC Games Of 2010:
While most sites are compiling their 2010 wishlists, Joystiq also mentions Fallout 3 add-ons in an article titled Best of the Rest: Alexander's Picks of 2009:
UGO lists the life-sized T-45d power armor statue as the #1 thing every gamer should own:
No Mutants Allowed also has news about a new Fallout 2 total conversion mod - Ardent's Mod. It already has not only plenty of screenshots, but also a playable demo.
You can find more info in V…
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After winning in the preliminary injunction hearing, Interplay wants Bethesda to pay its legal fees. Here's a quote from their most recent filing:
Interplay estimates that its legal fees will exceed $100,000, and its recoverable costs and expenses are $9,539.38. Here's a detailed breakdown:
- Travel Expenses for Herve Caen and the 2 lawyers: $3,901.32
- Deposition of James Leder, COO of Bethesda: $3,525.00
- Online Legal Research: $1,686.40
- Overnight mail to Court and Opposition Counsel: $225.76
- Postage: $2.40
- Photocopy Charges: $197.50
Interplay will file more expense details in the coming days.
Meanwhile, looks like Bethesda is unhappy with DLA Piper, one of the world's biggest law firms, which represented them until now, and has hired a different, and much smaller firm - Steptoe & Johnson LLP. Bethesda's new counsel is Howard H. Stahl.Read more >
Welcome to another list of links to various articles and minor newsbits all over the web concerning Fallout games. If you want to propose a link to be included in the next tidbit post, simply post it in a comment under this one.
The Game of the Year edition of Fallout 3 is now available on Steam.
Good Old Games has a holiday sale - you can buy Fallout, Fallout 2 and Fallout Tactics, as well as many other games, for only $3.89 each.
Joystiq includes Fallout 3 on the list of best 2008 games to buy cheaply for Christmas in 2009.
German PC Games magazine includes Fallout 3 on their list of most important games of the decade.
Kotaku put Fallout: New Vegas on their list of most anticipated PC games, Xbox 360 games and PS3 games of 2010.
Hellforge has an article about Post Apocalyptic Settings in A Few Select Video Games, including Fallout 3:
Hidden Triforce, a Legend of Zelda fansite, once again (we already linked to their previous piece) writes about why Zelda should be more like Fallout 3, this time focusing on ski…
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Trzynasty Schron, a Polish Fallout fansite, has interviewed Obsidian Entertainment's Chris Avellone and J.E. Sawyer about all things Fallout. Here's an excerpt:
Fallout: New Vegas is mentioned in the interview a few times, but obviously Chris and Josh weren't able to give any details at this point. However, it has been confirmed that now that Alpha Protocol is finished design-wise, Chris Avellone has joined the New Vegas team as a senior designer. You can read the whole interview here.Read more >
Gamasutra has asked Bethesda's Pete Hines for a comment on the court's recent denial to issue a preliminary injunction against Interplay. Following the confusion of some gaming press that declared Interplay to be victorious in the case as a whole, Hines stated:
Bethesda declined to comment on any further details of the case.
Meanwhile, Interplay has filed an 8-K form with SEC regarding the court's ruling.
Eric Caen, the brother of Herve Caen, posted on his twitter:Read more >
While the full results of the hearing regarding Bethesda's motion for preliminary injunction against Interplay in the Bethesda v. Interplay case were sealed from all but the lawyers, we managed to acquire the following bit:
What does it mean? Preliminary injunction is "an injunction entered by a court prior to a determination of the merits of a legal case, in order to restrain a party from going forward with a course of conduct until the case has been decided". Bethesda wanted the court to order Interplay to stop its work on Project V13 and its sales of the Fallout Trilogy pack until the case is decided; however, judge Chanasow decided not to. Until the case it fully settled, Interplay is free to proceed.
Of course, this doesn't necessarily mean that Interplay will win the whole case, but who knows, it might make Bethesda consider a settlement, in order to avoid prolonged litigation.
Update: We have also received a longer statement, although it also does not go into details:Read more >
On November 25, Bethesda filed an affidavit of ZeniMax Executive Vice President James L. Leder as evidence in the Bethesda v. Interplay case, which includes claims that the names Fallout Trilogy, Saga Fallout and Fallout Collection were never used prior to 2009 (this claim is entirely untrue), claims that Project V13 is a or claims that everyone associates Fallout with Bethesda now, like this one:
In a court document filed on December 9, Interplay motioned for the Leder Affidavit to be stricken (and if not possible for portions of it to be stricken), since it is based on "information and belief" rather than personal knowledge, is speculative and contains unfound conclusions.
Now, Bethesda filed an opposition to this motion.
Bethesda also claims that, even if the affidavit were to be proven inadmissible at trial, the governing law is that the court "can and should consider even inadmissible evidence in deciding a motion for preliminary injunction".Read more >
Yesterday Interplay filed a motion to dismiss Bethesda's case against it because this particular court lacks jurisdiction over the subject matter, as, according to Interplay, it is essentially a contract dispute that happens to involve the use of trademarks, not a trademark infringement action.
The document cites other similar cases where courts have dismissed the plaintiffs' trademark infringement actions because "the central determination to be made is whether the contract was breached."
Of course, even if this particular court has juristiction over this case, it doesn't mean that Bethesda cannot file it in a more appropriate one, but, if this motion is granted, it might give Interplay some more time.Read more >