
Interplay have now lost all their rights to the Fallout IP with ZeniMax Media (Bethesda's parent company) having total control over it after a $2 million pay out. Bethesda originally bought the rights to Fallout in 2007 but Interplay licensed back the rights to develop a Fallout MMO under certain conditions. However those rights are now null and void with this pay out.
Zenimax CEO Robert Altman had the following to say
Fallout is an important property of ZeniMax and we are now able to develop future Fallout titles for our fans without third party involvement or the overhang of others' legal claims," leaving a glimmer of hope for Fallout fans wanting to play an MMO set in the post-apocalyptic world. While we strongly believe in the merits of our suits, we are pleased to avoid the distraction and expense of litigation while completely resolving all claims to the Fallout IP.
Interplay has been granted the rights to sell Fallout, Fallout 2 and Fallout Tactics until December 2013, after which Bethesda will assume the rights to sell the classic titles.