FALLOUT Rights: Bethesda vs. Interplay

[Gikoku]

For awhile now, Bethesda have currently been having a legal dispute with Interplay (publisher of the original Fallout series) for a good while now, concerning over alleged trademark infringement. To get you up to speed, this lawsuit stemmed from Bethesda claiming that Interplay was in breach of the Fallout MMO agreement for failure to begin full development by April 4th, 2009 and to secure certain funding for the game. Interplay claims that it still has the rights to develop the Fallout MMO (despite being way past the deadline). Last month, Bethesda recently informed that Interplay only had the rights to use the Fallout name and no other elements of it, this claim was then later disputed by Interplay.​

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Interplay was permitted to still sell newer copies of the original Fallout games and did so with their Trilogy package (1, 2, and Tactics) but by contract agreements needed to send all promotional material and the package to Bethesda first for approval.. but they didn't. Bethesda also claimed that the package being named Fallout Trilogy was unfair competition as it implied the package included Fallout 3 also. Interplay claims that Bethesda then interfered with the release of the Trilogy package by sending letters to Steam, GameTap, and GOG (Good Old Games), that Interplay has no rights to the Fallout series constituting unreasonable withholding of permission and that Bethesda are in fact the ones who are in breach of the contract, which brings it all back to the original contract that Bethesda only has the rights to publish 3 Fallout games (this includes Fallout 3, New Vegas, and one more).​

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Some of you might be asking yourself why you should even be caring about this in the first place. It's simple, if Bethesda loses this legal dispute against Interplay, then Bethesda will only be allowed to make one more Fallout game (that being Fallout 4, or 5 if you count NV as the 4th sequel), with the rights of the Fallout franchise returning to Interplay. Fans of the older Fallout games should not get their hopes up for an Interplay win, as this is not the same Interplay from many years ago that published & co-developed classic games, this is instead a newer Interplay being headed by the unfortunate Caen brothers who are most recognizable for their crowning achievement.... Superman 64.

As of now, the current state of the lawsuit is that if Bethesda does not let Interplay make and complete the Fallout MMO, then the sale of the IP is terminated, and the license for Fallout returns back to Interplay allowing them to finish the MMO anyway along with making whatever Fallout they desire in the future (or so they claim to do, keep in mind.. prior to the purchase by Bethesda, Interplay had done little else with Fallout for a long time with Obsidian developing Van Buuren).​

So I'm curious guys, what are your thoughts on this whole issue along with the future of the Fallout franchise?

 

[Dark Drakan]

Bethesda purchased the rights to be the sole owners of the Fallout name and let Interplay carry on with their MMO in good faith. Certain requirements were put into writing in the agreement that were not met, so Interplay would have had to forfeit its license rights for Fallout and now they have much lower debts than they did have it seems they want to win this so they can carry on. Thats unfair on Bethesda as they pumped lots of money into the franchise and made it a household name once again while Interplay havent kept to their end of the deal.

 

[Arseface]

It's such a shame that business and jealousy get in the way of making a good game.

 

[cheezMcNASTY]

i'd love more fallout games from bethesda, but this is a very ugly legal dispute with unpleasantries coming from both sides.
i'm torn between my love for fallout 3 and bethesda, and my urge to side with the smaller business.

this is instead a newer Interplay being headed by the unfortunate Caen brothers who are most recognizable for their crowning achievement.... Superman 64.

GO BETHESDA WHOOOOOOOOOOOOOOOO

 

[Azer249]

Surley if interplay want the rights back that could be a good thing if they kept the style of fallout 3 and vegas but i have a feeling they wont even bother making a new one. That being said i prefer bestheda as a all over company. Bestheda in my eyes are like the master of rpgs.

 

[Dark Drakan]

Surley if interplay want the rights back that could be a good thing if they kept the style of fallout 3 and vegas but i have a feeling they wont even bother making a new one. That being said i prefer bestheda as a all over company. Bestheda in my eyes are like the master of rpgs.

Bethesda started out in basement of the office block they now own and came from nothing too and they have proved they have what it takes to create an excellent game for a well liked franchise. Interplay got into huge debts, didnt deliver what they said they would and Bethesda essentially helped them out by purchasing the rights to their franchise and continued it with some truly excellent games. They should be praising Bethesda not taking legal action against them.

 

[L0ki]

I hope Bethesda wins this. Interplay sucks. Sure, they made a good franchise like Fallout and their story line was good, but have you played ANY OTHER INTERPLAY GAME!? HORRIBLE!

Bethesda basically came around and polished a turd (Interplay), by buying the rights to Fallout. Interplay would have gone under, in my opinion, if it wasn't for Bethesda. I think they're being greedy and just trying to get more money out of this.