Game News Bethesda says: Interplay could only use the name 'Fallout'

[DarkUnderlord]

Tags: Interplay; Project V13

<p>If you call any other flower a rose, is it a rose? In the latest legal twist, according to Ausir and his <a href="http://fallout.wikia.com/wiki/User_blog:Ausir/More_VaultLeaks:_Bethesda_claims_IPLY_could_only_use_the_Fallout_name">grab-bag of documents from the ongoing court shenanigans</a>, Bethesda are saying that Interplay "never had the rights to use any elements of the Fallout universe and Fallout games aside from the title Fallout itself":</p>
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<p style="padding-left: 30px;">The breach of contract claims asserted by Interplay (...) fail because Bethesda is not obligated or under any legal duty to allow Interplay to utilize the panoply of Fallout assets in connection with an MMOG. Interplay transferred its right, title and interest in and to all Fallout Intellectual Property to Bethesda for $5.75 million. This included, among other rights and properties, all characters, story lines, weapons, art and other game related assets as well as the copyright and trademark registrations that protect same. (...) In the APA, Interplay further represented and warranted that any and all Fallout game assets that it owned were being transferred to Bethesda.</p>
<p style="padding-left: 30px;">[...]</p>
<p style="padding-left: 30px;">Interplay’s use of Bethesda’s Fallout intellectual property such as characters, weapons, and story lines was not a “benefit of its bargain” as Interplay claims. The only bargain Interplay made for a MMOG was the conditional right to use the FALLOUT trademark.</p>
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<p>Bethesda are also insisting Interplay release the contents of their internal Fallout Online design wiki as court evidence, even though Interplay has offered Bethesda opportunities to inspect it. Basically Bethesda made a whole fuck-tonne of money out of Fallout 3 and they're going all out to stop Interplay from milking that cow too.</p>
<p> </p>
<p>In related news, Interplay is "running at an operating loss of $205,000 over the 3 months ending 30 September 2010". This news item is now about which side we should barrack for. Interplay vs Bethesda, which is better for Fallout and why?</p>

 

[mondblut]

That's ridiculous. So they pretend they sold a fucking *word* to IPLY without all the accompanying stuff which, well, actually makes up a franchise?

I just can see it, a fantasy MMOG with wizards and goblins using Fallout brand. Wouldn't jewsoft complain IPLY stole it from oblivion though?

 

[StrangeCase]

Ooooh, a bunch of corporate babies are squabbling over who gets to hug the favorite teddy bear at naptime. Very serious. Let me know if they argue so ferociously one of them loses bladder control.

 

[Jaesun]

So Interplay, puts all it's financial cash into a shitty MMO, and Bethesda, supported by a gigantic pile of jew gold, and paid journalist who "review" and "praise their games as 11/10".

It was nice knowing you again Interplay. Again. Sadly we are again stuck with more shitty Bethesda shit RPG's.

 

[someone else]

Who gets to keep the brand name that some guys built up 13 years ago? Do they get a dime for it? The money should belong to those guys instead. Only idiots pay for brand names when they should go to the original creator. Mail them money instead of gog.com.

 

[MicoSelva]

Interplay should now buy Borderlands franchise and rename it 'Fallout'. MMO crowd wouldn't notice the difference anyway.

 

[Daemongar]

So, Interplay, a company heavily in debt sold the rights to Fallout to Bethesda for 5.75 million. Bethesda produces games under the Fallout franchise. Interplay wants to do something with that name, and Bethesda says no. Damn those Bethesda assholes! No really, people are complaining about Bethesda on this? Is anyone aware that the current "Interplay" has nothing to do with Fallout, the creation of Fallout, or any of the other Interplay titles? Interplay wouldn't even be around if it wasn't for Bethesda. Shee-it, they should have paid $2 million for the franchise, what would Interplay do, say no?

 

[Daemongar]

Interplay should now buy Borderlands franchise and rename it 'Fallout'. MMO crowd wouldn't notice the difference anyway.

Where the fuck would Interplay get the money to do this?

 

[St. Toxic]

No really, people are complaining about Bethesda on this?

Interplay did retain the right to do a Fallout MMO afterall.

Where the fuck would Interplay get the money to do this?

Out of Herve's prostitution ring funds?

 

[Drakron]

So, Interplay, a company heavily in debt sold the rights to Fallout to Bethesda for 5.75 million

Yes and no.

Interplay wanted a extra 20 million for the Fallout MMO, Bethesda gambled on the fact Interplay at that time had no financial means to do so and did not brought the MMO rights.

I guess they expected to Interplay to sink and the MMO never come but somehow they fear Interplay is actually going to do it and for some bizarre reason they think its going to be successful so this is legal mambo-jumbo tricks in order to end the Interplay Fallout MMO.

Also if you read Interplay 10-Q SEC fillings, "The company is running at an operating loss of $205,000 over the 3 months ending on 30 September 2010." (Its also in the Vault tidbit), I suspect Haeve did what the banking did ... its running on credit and in the red.

 

[Erzherzog]

So Bethesda is saying they spent millions of dollars on...nothing?

 

[Lemon]

Who on earth would give Herve credit?

 

[Redeye]

As a stopgap, if they get rights to assets/etc., they can slap an instance of Fonline up as FOOL 1.0.

With molerat barding as DLC.

FOOL 2.0 would be modded to FoT engine (rights issue?) with more instancing and leveled modifier to full loot.

If they don't go bankrupt by then, FOOL 3.0 would be an FPS like usual MMOs.

 

[Azrael the cat]

Well, I practiced criminal law, not IP, and in Australia, not the US, but I've got one query about this, just on the back of what I learnt at uni many years ago. My understanding was that you didn't have any legal property in the components and ideas that make up a game/film/book - but ONLY the words and pictures. I.e., you can have copyright over the script, there's various IP systems that allow you to 'own' the artwork, but the plot elements of 'there was a war between US and China, nuclear armageddon, folks hid in vaults and are now coming out, and there's these giant mutant guys, long-lived skinless mutant guys, giant scorpions and all that stuff' aren't protected. If someone wants to rip off all your ideas and slap a new name on them, they can - so long as they don't use any of your art assets and change all the names and dialogues.

It happens in film and books all the time. Think how many times you see the same film, right down to the characters and plot points, recycled for a new generation of teenagers.

Now Bethesda are saying that Interplay DID have the right to use the names. I can't see how Interplay would have been breaching any other IP then - it's a new title using new art assets, dialogues etc.

Of course, Bethesda's lawyers undoubtedly have at least a division devoted specifically to IP (or are entirely an IP firm), so they'd know a lot more than I would. A friend of mine who specialises in IP (mostly film clients, but he represents some software developers as well) will be touching down for a few days here over christmas - I'll ask him when he gets here.

 

[CreamyBlood]

Holy saint Jebus I thought this would be a thread about Morriwind fags jerking themselves off to the winnnddd....

Now I can peacefully sleep knowing that I haven't wasted my life listening to people babble on about SNORE

EDIT: tl So I think the best IP is Gothic. PB rules. They own it in my heart.

Merry Christmas you heathens!

 

[Daemongar]

Yes and no.

Interplay wanted a extra 20 million for the Fallout MMO, Bethesda gambled on the fact Interplay at that time had no financial means to do so and did not brought the MMO rights.

I guess they expected to Interplay to sink and the MMO never come but somehow they fear Interplay is actually going to do it and for some bizarre reason they think its going to be successful so this is legal mambo-jumbo tricks in order to end the Interplay Fallout MMO.

Also if you read Interplay 10-Q SEC fillings, "The company is running at an operating loss of $205,000 over the 3 months ending on 30 September 2010." (Its also in the Vault tidbit), I suspect Haeve did what the banking did ... its running on credit and in the red.

Thanks, and sooo... it appears Bethesda is waiting for Interplay to go out of business? Wonder why there is no other company in the mix looking to make a little coin off Fallout Online, considering the success of FO3, and FO:NV?

 

[CreamyBlood]

Yes and no.

Interplay wanted a extra 20 million for the Fallout MMO, Bethesda gambled on the fact Interplay at that time had no financial means to do so and did not brought the MMO rights.

I guess they expected to Interplay to sink and the MMO never come but somehow they fear Interplay is actually going to do it and for some bizarre reason they think its going to be successful so this is legal mambo-jumbo tricks in order to end the Interplay Fallout MMO.

Also if you read Interplay 10-Q SEC fillings, "The company is running at an operating loss of $205,000 over the 3 months ending on 30 September 2010." (Its also in the Vault tidbit), I suspect Haeve did what the banking did ... its running on credit and in the red.

Thanks, and sooo... it appears Bethesda is waiting for Interplay to go out of business? Wonder why there is no other company in the mix looking to make a little coin off Fallout Online, considering the success of FO3, and FO:NV?

I am waiting for the crash. Six years of shit has been a long time. And I mean that for RPG's, FPS's and anything more interesting then a piece of broken glass shattering in front of my face. Fourty-two years old and 2010, one day soon it will come around and I can play a fun game again.

Fucking cunts.

 

[Davaris]

Re: Bethesda says: Interplay could only use the name

<p>In related news, Interplay is "running at an operating loss of $205,000 over the 3 months ending 30 September 2010". This news item is now about which side we should barrack for. Interplay vs Bethesda, which is better for Fallout and why?</p>

I hope Interplay pull through and finish their MMO. If anything it will get them the money they need, to keep battling Zenimax/Bethesda. For me this fight is far more entertaining, than any of the Fallout sequels.

There Can Be Only One!

 

[Azrael the cat]

So, Interplay, a company heavily in debt sold the rights to Fallout to Bethesda for 5.75 million

Yes and no.

Interplay wanted a extra 20 million for the Fallout MMO, Bethesda gambled on the fact Interplay at that time had no financial means to do so and did not brought the MMO rights.

I guess they expected to Interplay to sink and the MMO never come but somehow they fear Interplay is actually going to do it and for some bizarre reason they think its going to be successful so this is legal mambo-jumbo tricks in order to end the Interplay Fallout MMO.

Also if you read Interplay 10-Q SEC fillings, "The company is running at an operating loss of $205,000 over the 3 months ending on 30 September 2010." (Its also in the Vault tidbit), I suspect Haeve did what the banking did ... its running on credit and in the red.

Actually, I think that they're more worried by the possibility the game will be terrible, than by the (miniscule) possibility that Interplay will make a good Fallout MMO. They're most likely worried that gamers will be confused about who owns what, and will blame them (or just get put off the setting altogether) for Interplay's shitty game. It's a very common source of complaint in IP - 'passing off' cases, where the IP owner sues because they're worried that their reputation will be damaged by a B-grade knockoff that customers might wrongly associate with them.

 

[Awor Szurkrarz]

Re: Bethesda says: Interplay could only use the name

<p>In related news, Interplay is "running at an operating loss of $205,000 over the 3 months ending 30 September 2010". This news item is now about which side we should barrack for. Interplay vs Bethesda, which is better for Fallout and why?</p>

I hope Interplay pull through and finish their MMO. If anything it will get them the money they need, to keep battling Zenimax/Bethesda. For me this fight is far more entertaining, than any of the Fallout sequels.

There Can Be Only One!

 

[Kaanyrvhok]

I remember there was a long thread on the Interplay boards about how Interplay could make a ton of money with a Halo style multiplatform first person Fallout RPG.

Look Iply had their chance. they were stupid. Not a little stupid. Real stupid.

The MMO is kinda stupid too. Wouldnt they be better off selling their oldies on Xbox Live? MMOs are coin flippers. I guess Ipply's in a position where they have to shoot the moon.

 

[DarkUnderlord]

Actually, I think that they're more worried by the possibility the game will be terrible, than by the (miniscule) possibility that Interplay will make a good Fallout MMO. They're most likely worried that gamers will be confused about who owns what, and will blame them (or just get put off the setting altogether) for Interplay's shitty game. It's a very common source of complaint in IP - 'passing off' cases, where the IP owner sues because they're worried that their reputation will be damaged by a B-grade knockoff that customers might wrongly associate with them.

Yeah, there's no winning in this for Bethesda short of shutting Interplay down. If Interplay make the MMO and it turns out to be a huge pile of stinking shit, it will do serious damage to the Fallout brand (from Bethesda's point of view, obviously Bethesda have already done their own damage).

Basically if the game is hugely successful, then Interplay have a cash cow they can keep milking and every game made by Bethesda just helps Interplay (why play the offline version when you can play online!), or if the game is hugely craptacular it ruins the brand (Fallout? Wasn't that some shitty MMO nobody wanted to play?). Either way it's money lost for Bethesda.

 

[denizsi]

In a distant reality where IPLY has released FOOL and it is successful, I can imagine a court battle from Beth every time they release a DLC or an expansion for the game.

 

[SimpleComplexity]

-PvP requires player consent.

That's enough information to know that the MMO will be shit.

 

[Forest Dweller]

Please God let Interplay die.