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We have received a 17-page document written and signed by Herve Caen, summarizing Interplay's arguments in its battle with Bethesda over the rights to the Fallout franchise. Here's a summary of the most interesting points:
- Interplay has continuously sold Fallout, Fallout 2 and Fallout Tactics since their original release dates, as standalone products or in compilations such as Saga Fallout (since 2004), Fallout Trilogy and Fallout Collection (since at least 2005 or 2006).
- Under the 2007 Asset Purchase Agreement (APA), Interplay has retained perpetual, royalty-free, worldwide, and exclusive right to continue selling the Interplay-developed Fallout games (reffered to collectively as "Pre-existing Fallout games").
- The parties fully expected that new Fallout games by Bethesda would renew consumer interest in the pre-existing games and the perpetual rights to continue the sales thereof were a substantial part of the consideration Interplay was to receive in exchange for giving the rights to the franchise to …
In a vote conducted by recruitment firm TS2, Obsidian's Feargus Urquhart was voted "Most Successful & Respected Executive Producer" in the industry. TS2's website has an interview with Feargus about his career.Read more >
Duck and Cover has managed to acquire the very fragments of the Bethesda v. Interplay court transcripts that Bethesda requests to be redacted, as well as some additional banter regarding the Fallout Trilogy.Read more >
Thanks to Interplay shareholder orionquest, we have acquired the second part of the partial transcript of the preliminary injunction hearing in the Bethesda v. Interplay case. Hopefully, he'll eventually share the full thing with us. The first part can be read here.
Mr. Gersh is Interplay's lawyer, Mr. Marbury is Bethesda's, and the Court is judge Deborah K. Chasanow. TLA refers to the Trademark Licensing Agreement, while APA refers to the Asset Purchase Agreement.
You can notice that the text includes some typos, but we kep the text as it is presented in the court documents.Read more >
Chris Avellone (Fallout 2, Fallout: New Vegas) answers questions about Video Game Writing vs. Writing on his blog at Obsidian Forum. Here's a fragment:Read more >
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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