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Bethesda caught out in lies over Interplay case
Company News - posted by DarkUnderlord on Thu 12 November 2009, 04:52:09Tags: Bethesda Softworks; Fallout 3
The saga continues between Interplay and Bethesda, over at the Fallout blog, Ausir got some more information about the case:
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 previous Ultimate Fallout Collection was released in 2004.
In the latest filing, after Interplay stated in its opposition that Bethesda's claims regarding the publication dates are false and attached photos of various editions of such compilations over the years, Bethesda states that none of these exhibits were authenticated and there is no way to verify the original dates. I guess all the stores offering them since 2004 and all the customers who have purchased them and posted about it on the Internet must have been deluded.
Follow the link for more info on some of the other claims Bethesda are making against Interplay and some of Interplay's lies too.
UPDATE: Duck and Cover have posted some excerpts form the Court documents. Some of them are quite hostile towards Herve.