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

[GarfunkeL]

UO had almost unrestricted PvP and player-looting but no permadeath. It was great. But the whining and crying reached such extents that they finally knuckled under and created the no-pvp at all worlds.

Because people are weak, stupid idiots. Who don't want to pay money for a hobby/leisure activity that only causes them grief&worry.

 

[Awor Szurkrarz]

I wish someone would make a casual MMORPG without grinding and with permadeath and open pvp.
Something that would be a crossing between network action games and MMORPG when it comes to player involvement.

Almost everything I've tried was grindfag, with ridiculous power discrepancies, and felt like a second work.

 

[Forest Dweller]

Please God let Bethesda and Zenimax die.

Fix'd

It's always amusing how so many users in an effort for KKK so blithely call for the death of Bethesda without even considering the implications. No Bethesda means no more Obsidian Fallout games, for one.

In before "Hurr but Obsidian is just as shitty!"

 

[Awor Szurkrarz]

Please God let Bethesda and Zenimax die.

Fix'd

It's always amusing how so many users in an effort for KKK so blithely call for the death of Bethesda without even considering the implications. No Bethesda means no more Obsidian Fallout games, for one.

You say it like it would be a bad thing .

 

[Excommunicator]

And to think there are people out there that actually think Bethesda/Zenimax would be a worthy publisher, supposedly unlike the others of the industry.

Naivete knows no bounds.

 

[commie]

All the legends of old that we cling onto have gone full or partial derp themselves. All of them as all the developers these days need to be purged in a fire, they are all tainted and need to have an Exterminatus initiated against them.

Only then can new developers grow; like life does in a forest after it's burnt to the ground; ushering in a new and better age.

 

[Volourn]

"No Bethesda means no more Obsidian Fallout games, for one."

Yeah, b/c Interplay's 'death' stopped FO games being made. Trust me, someone else would step in to the FO universe.

 

[Melcar]

Bullshit.

 

[Davaris]

Ausir makes an interesting point in the comments about the contract:

While the TLA doesn't give explicit permission to use any assets other than the trademark, it also includes the following:
“

In the event this Agreement terminates prior to the Commercial Launch of the FALLOUT MMOG, Bethesda agrees that nothing in this Agreement limits or is intended to limit the rights of Interplay to use in a non-FALLOUT MMOG, INTER ALIA, any or all locations, graphic representations, creatures, monsters, names, likenesses, behaviors, religions, deities, environments, legends, fairy tales, stories, universes, character classes or character professions that are in the public domain, are owned by any entity other than Bethesda and/or its affiliates and/or licensors or otherwise are not subject to copyright or trademark protection. For purposes of a non-FALLOUT MMOG, Interplay shall own all rights in any computer software code (object or source code), game play software routines, game or graphics engines, as well as any designs, likenesses, sound and visual representations or other intellectual property rights that are created after the Effective Date by or on behalf of Interplay and which do not include, refer or relate to the Licensed Marks (the "INTERPLAY-DERIVED MMOG ELEMENTS"), provided, however, that the Interplay-Derived MMOG Elements do not use, incorporate, trade on or otherwise exploit any Fallout-related intellectual property created by Interplay or by Bethesda or by their respective parents, subsidiaries, affiliates, successors or assigns, including without limitation any Fallout artwork, locations, graphic representations, story lines, creatures, monsters, names, likenesses, behaviors, environments (e.g., vaults), universes, settings, legends, characters, character classes, character professions, packaging, advertisements, text and translations, and any and all Fallout proprietary characters, trademarks, copyrights and artwork listed in Exhibit C-2 to the APA, it being understood and agreed by the parties that all such property is and shall remain exclusively owned by Bethesda.
”

Why list all of these things if Interplay was supposedly not permitted to use them in the first place?

 

[circ]

How would you feel if your wife's ex-husband kept coming around to fuck her every now and then because they used to be married. STICK IT TO EM TODD AND TODD. YOU OWN THAT PUSSY NOW! MOAR ESHPLOSUNZ!

 

[Melcar]

As if that would be a bad thing.

 

[Xor]

I've said it before and I'll say it again. Fuck interplay. They ruined Black Isle and will almost certainly never produce anything of value again. As much as I dislike Bethseda, I will cheer them on here. Fuck interplay, and fuck their attempt to cash in on the Fallout name that they destroyed in the first place.

 

[Forest Dweller]

I've said it before and I'll say it again. Fuck interplay. They ruined Black Isle and will almost certainly never produce anything of value again. As much as I dislike Bethseda, I will cheer them on here. Fuck interplay, and fuck their attempt to cash in on the Fallout name that they destroyed in the first place.

 

[St. Toxic]

Fuck Beth, fuck Iply, fuck Obsidian, fuck Fallout. Whatever blood you've managed to beat out of these dead Andymen, surely there's no more to be had? Right? Guys?

 

[Davaris]

On looking at that contract again, it looks like Bethesda is in the right, as the contract clearly states what Interplay can and can't use.

The only thing I don't understand, is why Bethesda didn't exert their rights, before Interplay spent all that money developing it.

Also I don't understand why the people at Interplay, don't read the contracts they sign, before spending so much money on something they are not allowed release.

 

[Ausir]

Yeah, b/c Interplay's 'death' stopped FO games being made. Trust me, someone else would step in to the FO universe.

Yup, if Bethesda were to die, it would just mean another bidding war for the license, and given the financial success of both FO3 and FNV, someone would definitely buy it and make new ones (or have Obsidian make new ones).

 

[Mastermind]

Why list all of these things if Interplay was supposedly not permitted to use them in the first place?

Ass covering.

 

[Xor]

On looking at that contract again, it looks like Bethesda is in the right, as the contract clearly states what Interplay can and can't use.

The only thing I don't understand, is why Bethesda didn't exert their rights, before Interplay spent all that money developing it.

Also I don't understand why the people at Interplay, don't read the contracts they sign, before spending so much money on something they are not allowed release.

They were probably saving it as a trump card, expecting interplay to fail at making FOOL. They might have decided to use it after they lost that recent legal battle a few weeks ago.

 

[mondblut]

On looking at that contract again, it looks like Bethesda is in the right, as the contract clearly states what Interplay can and can't use.

Look once more.

to use in a non-FALLOUT MMOG

 

[Hegel]

Yeah, b/c Interplay's 'death' stopped FO games being made. Trust me, someone else would step in to the FO universe.

Yup, if Bethesda were to die, it would just mean another bidding war for the license, and given the financial success of both FO3 and FNV, someone would definitely buy it and make new ones (or have Obsidian make new ones).

Bethesda/Zenimak/2k aren't bad publishers anyway.

 

[Davaris]

On looking at that contract again, it looks like Bethesda is in the right, as the contract clearly states what Interplay can and can't use.

Look once more.

to use in a non-FALLOUT MMOG

Trademark Licensing Agreement
http://fallout.wikia.com/wiki/Trademark ... _Agreement

Correct. It says they can't use those assets in a non-Fallout MMOG. But the TLA only gives them the rights to use the trademarks.


In the APA

http://fallout.wikia.com/wiki/Asset_Purchase_Agreement

it points out that Interplay have no ownership of the acquired assets after the sale:

Nothing in this Agreement shall be construed as providing the seller [Interplay] with any retained rights, title or other interest of any kind in or to any of the Acquired Assets. Seller recognizes and acknowledges that the Purchased Intellectual Property and all rights therein and all goodwill pertaining thereto solely and exclusively belong to Purchaser [Bethesda] effective automatically upon the Closing and that all uses of the Purchased Intellectual Property shall inure to the benefit of Purchaser.

2.1 ACQUIRED ASSETS. Upon the terms and subject to the conditions of this Agreement, and effective upon the Closing Date, (x) Seller hereby irrevocably sells, assigns, transfers, conveys and delivers to Purchaser on the Closing Date, and (y) Purchaser hereby purchases, acquires and accepts from Seller, all of Seller's right, title and interest in and to all of the Acquired Assets. As used herein, the term "ACQUIRED ASSETS" shall mean, collectively, the Purchased Intellectual Property, the other Assets identified on PART 2.1 OF THE DISCLOSURE SCHEDULE, and the Enforcement Rights.

The definition of Intellectual Property and what is listed the disclosure schedule, determines what Bethesda owns and what Interplay cannot use. So we need to see the disclosure schedule.


So unless there is another agreement granting Interplay the rights to use the acquired assets for the MMOG, I don't see where they got the idea they could use anything defined as assets. Or perhaps there was another document granting Interplay rights to use the purchased assets, that went missing, or Herve forgot to sign?