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Bethesda and Interplay are in dispute again. This time over what the pre-hearing discovery regarding the Bethesda v. Interplay case over Fallout franchise rights, that will take place on Monday, November 16, should be about. As before, we have obtained the court filings regarding that.
The lawyers of both parties want to meet with the judge to discuss this issue. If Bethesda gets their way, these are the interrogatory questions that Interplay will be told to answer:
If the answers will also be made public, the ones to questions 9 and/or 10 will be the ones that I'm the most interested in reading. Number 15 refers to fan-created mods that Interplay added to the latest version of the Fallout Trilogy pack, which the Asset Purchase Agreement does not allow.
And these are the facts that Bethesda wants Interplay to admit:
Requests 10-12 are based on Bethesda's utterly false belief that the Fallout Trilogy pack was first published in 2009, while in fact the first compilation with that name was publi…
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Thanks to Kevin from the Copyright in the Internet Age blog, as well as another, anonymous source, I managed to get access to all of Bethesda's filings regarding the Bethesda v. Interplay court case.
In the original complaint, Bethesda not only claims that the name Fallout Trilogy for a compilation sold in the United States and containing Fallout, Fallout 2 and Fallout Tactics is misleading and cannibalizes on Fallout 3 sales. They also claim that around August 2009, Bethesda became aware of compilations of Fallout games distributed under the titles Fallout Collection and Saga Fallout in other countries. "Upon information and belief" Bethesda alleges that Interplay began packaging, advertising and promoting these packages after Bethesda's launch of Fallout 3.
While a lot of Bethesda's arguments in the filings are reasonable, this claim is entirely false. Saga Fallout has been sold in Poland by CD Projekt since 2004, and the White Label Fallout Collection has been available in the UK since 2006, while a pr…Read more >
Frymuchan, one of the Interplay stockholders, has posted about the court supposedly ruling in Interplay's favor in the preliminary injunction of the Bethesda v. Interplay case. However, it turns out that he mistook a proposed court order submitted by Interplay for an actual one. Christopher Nelson, Interplay's in-house lawyer stated:
- Hey, everybody.
- You will not often hear from me, but as Interplay's in-house lawyer I feel the need to set the record straight here...
- The Court has not ruled on Bethesda's Motion for Prelminary Injunction. A proposed order was filed with our Opposition to the Motion, but that is not the same as an Order of the Court. The hearing is weeks away. Interplay will issue an official statement if there is a material development that needs to be addressed. Please do not rely on rumor or speculation.
- In the meantime, we all appreciate your enthusiasm and support.
Meanwhile, we have a copy of Interplay's opposition filing to Bethesda's injunction motion, whi…Read more >
Interplay has filed an 8-K SEC filing concerning its legal battle with Bethesda. It has the same information as the forum post by frymuchan, one of the company's shareholders, but is written in a less biased way.
- On October 16, 2009, Interplay Entertainment Corp. (“Interplay”) answered the lawsuit filed by Bethesda Softworks LLC (“Bethesda”) in the United States District Court for the District of Maryland on September 8, 2009. In conjunction with its Answer, Interplay asserted Counter-Claims against Bethesda seeking affirmative relief, including for Breach of Contract, Declaratory Judgment, and other relief. Interplay alleges Bethesda breached the terms of Asset Purchase Agreement related to the sale of the FALLOUT® intellectual property to Bethesda.
- Interplay’s counter-suit alleges that Bethesda interfered with Interplay’s business, including distribution of the previously released FALLOUT ®, FALLOUT® 2, and FALLOUT® Tactics games, by attempting to terminate Interplay’s distribution ri…
On the Raging Bull Stockholder forum, an Interlay stockholder called frymuchan details the countersuit filed by Interplay against Bethesda in reaction to Bethesda's lawsuit over the rights to Fallout Online and the original Fallout games. Interplay argues Bethesda is in breach of contract and the contract to sell the rights to the series to Bethesda is null and void and Interplay owns the franchise again. These are excerpts from the stockholder's posts:
- "Interplay argued that they purposefully retained the rights to the original Fallout games when selling the Fallout license to Bethesda knowing full well (as did Bethesda) that Interplay was going to exploit the original Fallout games upon release of Fallout 3. Why would Interplay keep the original Fallout rights and sell Fallout for so cheap unless this was built in as part of the package deal? The original Fallout games are only worth something in relation to sales generated from the release of FAllout 3. Therefore, Interplay did not harm…
I knew that Bethesda developers were using The Vault wiki as a source when working on Fallout 3. As it turns out, their legal department also does! Shacknews has a few more details about the Bethesda v. Interplay case, and their article includes a few quotes from the actual court filings.
While Interplay claims that they haven't officially announced Project V13 as a Fallout title, Bethesda claims that "V13" is an obvious reference to Vault 13, "both the starting location and the the initial working title of the original Fallout game." Sounds familiar? That's because it's only a slight paraphrase of the following section in The Vault's Project V13 FAQ:
- What does "V13" stand for?
- It likely stands for Vault 13, which was the starting location in the original Fallout. Vault 13: A GURPS Post-Nuclear Adventure was also the initial working title of what eventually became Fallout.
It's especially evident when you google for "starting location" + "initial working title". And given the fact that it's not e…Read more >
New details have surfaced about Bethesda's lawsuit against Interplay over trademark infringement. Or lawsuits, because, as you can see in the court filings, there are two of them.
The first one, as we described in the previous newspost, is over the rights to Fallout Online (codenamed Project V13). The second one, however, is over Interplay's re-releases of original Fallout games, like the Fallout Trilogy pack or various digital distribution sites.
Turns out that, while Interplay was permitted to sell Fallout, Fallout 2 and Fallout Tactics the contract required all advertising, packaging and other promotional material to be sent to Bethesda for approval first, which, according to the lawsuit, was never done regarding neither the Fallout Trilogy pack, nor any of the releases through Good Old Games, Steam and other digital distribution platforms. Bethesda also claims that the name Trilogy constitutes unfair competition, since it suggests that the pack includes Fallout 3.
To sum it up, Interplay is accused o…Read more >
GOG, also known as Good old Games, is celebrating it's first anniversary with a sale; any two Interplay games in GOG's catalog can be bought for the price of one, including Fallout, Fallout 2 and Fallout Tactics.
- "Looking back at the first year, I think we can say it's been a really successful time for us - we've added lots of great publishing partners and amazing games. But we couldn't have achieved any of that success without the fans who support us in so many ways. We decided to say thank you to our fans and run this promo," said GOG Managing Director Adam Oldakowski. "We know there are still a lot of things to improve and a lot of games to be revived, but we're just starting and the future is looking really bright for us."
For more information, check out this page. And don't forget to take part in our very own Good Old Games competition!Read more >
Interplay has issued a press release about their games, including Fallout, Kingpin and Sacrifice, coming to Valve's digital distribution platform:
- (August 17th, 2009) - Interplay Entertainment (Interplay), the publisher of many video game hits, and Valve Corporation (Valve), a developer of leading-edge technologies and software, announced today an agreement to bring Interplay titles to customers worldwide via Steam®, Valve's leading platform for digital content distribution and management.
- Beginning today, Interplay titles including Fallout, Sacrifice and Kingpin will become available for purchase via Steam, which makes PC games available online to more than 20 million users worldwide.
- "We are excited to offer the millions of Steam customers online access to Interplay titles beginning with some jewels of our classic PC catalog priced below $10," said Herve Caen, Interplay CEO. "Interplay is committed to delivering the best quality titles to PC gamers and distribution on Steam is one of the m…
Hellforge posted an editorial about how the Fallout 3 main plot recycles much of the plots of all previous published Fallout games: Fallout, Fallout 2, Fallout Tactics and Fallout: Brotherhood of Steel:
- The Brotherhood Of Steel
- In both Fallout Tactics and Fallout 3, the player is forced to join a splinter faction within the Brotherhood of Steel in order to continue the storyline. In the first Fallout, joining the Brotherhood was simply optional. They barely played a role in Fallout 2, and in the unreleased Van Buren, they declined in power due to an on-going war with the New California Republic. It should be noted that Fallout 3 takes place many years after the events of Fallout 2, so their presence in Washington D.C. is confusing.
- Similarities to FOBOS
- Fallout: Brotherhood of Steel, or FOBOS as it is known is an immensely unpopular action game that took apart the Fallout setting for the purpose of making Interplay a quick buck by being released as a generic console title.
- That being said, the game shares simi…