Although this would be a sensible thing to do, Bethesda won't back down because of their "pride" and reputation... how do you think it would look if they forfeited a lawsuit to Interplay after changing law firms twice?
I personally think they're just going to keep going with this until they either
- A) Lose the lawsuit because of the judge's final ruling, or
- B) Win the lawsuit and drive Interplay away from Fallout altogether
How would I like this to turn out? Let me use an analogy to describe it:
Two dogs are fighting over a steak. One's name is Interplay, the other Bethesda. Interplay is much smaller in a comparison of size to Bethesda. Because of this, Bethesda went into the fight thinking he would win the steak no matter what. Unfortunately, he underestimated the fiesty little guy's willpower to get the steak (let's call the willpower Jeffrey Gersh).
Now, Bethesda is fumbling because he has a big ego and only a small toe-hold on the steak while the Interplay continues to pull a little more of it into his own mouth. What I want to happen next: a sneaky third dog (let's call him Obsidian) comes in and snatches the steak while the two fight each other over spite and whatnot.
Then the steak (Fallout) belongs where it should be from now on. :P