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Interplay vs. Bethesda: the court filings photo

If you've only been paying attention to the gaming side of Fallout you're missing the most exciting part! Screw the games, legal action is where it is at and the two companies behind Fallout, Bethesda (who bought out the franchise) and Interplay (who created the franchise), are all up in it. Bethesda has sued Interplay over breach of contract since they claim Interplay failed to produce a Fallout MMO within the set amount of time that they agreed to.

It's probably very complicated, but basically both companies are angry at each other, and we've just got details on Interplay's response to Bethesda's lawsuit and the fact that they are countersuing Bethesda for being big dicks. Interplay stockholder frymuchan gives everyone his entirely biased lowdown on what is going on, but if we dig through his Fox News level of bias we can gain some interesting things from this. The first being that Interplay has requested and received a ten day extension in order to look over Bethesda's suit in more detail. 

However, they have already come to some conclusions about it, and according to them Bethesda is totally wrong about everything and Interplay has in no way breached their contract. Interplay believes that Bethesda's interference in their digital download licensing deal constitutes unreasonable interference/withholding of permission as their contract states. They also feel that Bethesda's actions have hurt Interplay and are thus suing them over damages caused by Bethesda terminating the Interplay-Glutton Creeper Fallout PnP contract and damages caused to Interplay's reputation and finances by Bethesda sending letters to GameTap and other companies claiming Interplay had no right to sell Fallout 1, 2 and Tactics via these services. Since Interplay believes this to be true they are arguing that Bethesda is in fact the one who is in breach of contract and that makes the license sale null and void, therefore bringing the former contract (the sub-licensing deal for Fallout 3 with options on 4 and 5 only) back into effect.

In short both companies say the other company is a meany and a doo doo face. Of course when millions of dollars are up in the air figuring out which company is the biggest stupid head is really important. 

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22 comments | showing # 1 to 22

linuxguy's Avatar - Comment posted on 10/17/2009 22:20
linuxguy
I don't care just give me more fallout
gamadaya's Avatar - Comment posted on 10/17/2009 22:24
gamadaya
"Bethesda has sued Interplay over breach of contract since they claim Interplay failed to produce a Fallout MMO within the set amount of time that they agreed to."

Translation:
Bethesda has sued Interplay over breach of contract since they claim Interplay decided that testing and optimizing were necessary to produce a product that actually fucking works, thus causing them to miss Bethesda's deadline, which did not allocate time for those steps of the development cycle.
ShadowKirby's Avatar - Comment posted on 10/17/2009 22:28
ShadowKirby
@gamadaya
You don't know how it works in the biz. Beth probably set up some milestones and Interplay probably failed to meet many of them.
gamadaya's Avatar - Comment posted on 10/17/2009 22:43
gamadaya
@ShadowKirby: Yeah, because I totally think that that's what actually happened.
azenchen's Avatar - Comment posted on 10/17/2009 23:01
azenchen
seriously, fallout should have stayed with interplay, they know how fallout is done
HombreGato's Avatar - Comment posted on 10/17/2009 23:29
HombreGato
One word: Thunderdome
Retrofraction's Avatar - Comment posted on 10/18/2009 00:13
Retrofraction
I want Interplay to win cause I like them more as a developer.

Bethesda is like a whiny baby that needs to get whiped by its elder
LostSoulDX's Avatar - Comment posted on 10/18/2009 00:29
LostSoulDX
@gamadaya

Interplay was given 2 years from the date of their agreement with Bethesda to start production on the Fallout MMO and secure the $30 million in funding required for the game. Interplay failed to do this. It's a pretty cut and dry case if you ask me.

I like Interplay but they broke their agreement.
peachboy's Avatar - Comment posted on 10/18/2009 00:47
peachboy
bethesda are boring, boring people who make robotic games. don't get me wrong, i spent 100+ hours with morrowind, and though i never got into it, fallout3 was certainly worth talking about.

but in the end, interplay has more going for it as a developer. humour and a keen wit for instance. of course, this opinion is completely irrelevant from the issue at hand...

...yup. that's it from me.
StingingVelvet's Avatar - Comment posted on 10/18/2009 01:20
StingingVelvet
@ Peachboy

That was the Interplay of 10 years ago, the Interplay of today is five people sitting in an office trying to figure out which lawyer has the better plan to keep them in business another year.

I'm not sure who has the more "moral" case in this suit, it sounds like Bethesda to me but I am not an expert at all, but I know it doesn't matter. Interplay has no resources and Bethesda's parent company Zenimax is a monster... they will destroy Interplay in court, and they were more than likely smart enough to make sure these contracts were written in a way that secured their position.

While I would love to see more games like Interplay released in the 90s, that's never going to happen from the Interplay of today. Better for Bethesda to eradiacte them, really.
runtheplacered's Avatar - Comment posted on 10/18/2009 01:43
runtheplacered
@ Stinging Velvet,

"the Interplay of today is five people sitting in an office trying to figure out which lawyer has the better plan to keep them in business another year. "

"While I would love to see more games like Interplay released in the 90s, that's never going to happen from the Interplay of today."

But, don't they have a bunch of upcoming sequels? A new Earthworm Jim? Another MDK? Another Descent? If these games actually happen, that could really open some new doors. Which is why I completely disagree with, "Better for Bethesda to eradiacte them, really."

I don't think Interplay is just 5 guys.
Harkonnen's Avatar - Comment posted on 10/18/2009 05:00
Harkonnen
As sad as it sounds, I think StingingVelvet is basically correct. Interplay has been my super special favorite developer/publisher for years, but nowadays I just can't think of anything it makes that's worth the trouble it's causing the Fallout license. I don't like Bethesda's RPGs as much as I loved the ones by Black Isle, but those days are just not coming back, regardless of who wins in court.

Besides, I don't know dick about the internals, but from my POV Interplay have been eradicating themselves since the early 2000s, both closing their best studios and selling their ivy licenses. That, and the fact that what has transpired in the past about the license deal is basically what Bethesda claims now, makes me think Interplay may have the downside in this.
Anski's Avatar - Comment posted on 10/18/2009 06:28
Anski
@HombreGato you win the internets for today, sir.
Spiderpope's Avatar - Comment posted on 10/18/2009 06:35
Spiderpope
@ azenchen , you're kidding right? Everyone that had anything to do with the greatness that was Fallout 1 and 2 was sacked when Interplay closed down Black Isle Studios. If Interplay had kept the rights we would have ended up with more piece of shit games like Brotherhood of Steel.

Interplay have long since lost any credibility as a games developer, it just surprises me that Bethseda expected any different from them.
Anthony Noel's Avatar - Comment posted on 10/18/2009 07:43
Anthony Noel
My understanding was that Interplay had two years to begin developing a Fallout MMO. By the end of that period they were required to have a significant portion of development done as well as securing sufficient funding to finish the product. It appears Interplay has failed to meet these goals and Bethesda. As for Interplay producing the definitive Fallout, as has been pointed out Black Isle made Fallout interplay published it. When Black Isle was gone Interplay mad the horror that was Brotherhood of Steel. Ughh. Also With New Vegas you get the best of both worlds, Bethesda style open world but developed by Obsidian (aka Black Isle studios).
elysse's Avatar - Comment posted on 10/18/2009 12:14
elysse
They're upset about a potential MMO? How about being upset about the bugs, the DLC debacle.. and bugs... and that whole MZ monstrosity? If I were Interplay or Black Isle I'd be reaching 9600rpm.
HiddenAHB's Avatar - Comment posted on 10/18/2009 12:17
HiddenAHB
I hope Interplay wins.
They have published/developed the best WRPGs that exist!
Ubersuntzu's Avatar - Comment posted on 10/18/2009 13:30
Ubersuntzu
@elysse

What is left of Black Isle became Obsidian. They're working for Bethesda to make Fallout: New Vegas.

The fact that anyone is taking Interplay's side is astounding to me, you'd have to be completely ignorant of the situation to think Interplay has any legs to stand on. The idea that Bethesda "didn't give them enough time to bug test" is baseless, but even if it weren't (there's no way the game is anywhere near complete enough for polishing), it still wouldn't matter. If the contract didn't allow for enough time to make a game, Interplay shouldn't have signed it in the first place.

But they did, because they needed the money. Which is also why they haven't completed enough of the game to live up to the contract, and now they're crying over the sour grapes. They've been reduced to operating at a slumlord level, and Bethesda has more than enough lawyers to do something about it.
Spiderpope's Avatar - Comment posted on 10/18/2009 14:36
Spiderpope
@HiddenAHB, yes and then rewarded the staff who made said RPG's BY SACKING THEM. There is no talent left at Interplay, and if they win all we will get is more Dark Alliance clones.
gabapenteado's Avatar - Comment posted on 10/18/2009 16:15
gabapenteado
I'm with bethesda in this one, not because the you failed to do an MMO thing, but because activision DID rode in bethesda coattails. I think the most valid argument of the bunch is that activision re-released a box called fallout trilogy(with fallout 1, 2 and tactics) and the name could mislead people into thinking the were buying fallout 3. Also, they don't have the rights to the franchise anymore, so they should stop trying to milk it
Spiderpope's Avatar - Comment posted on 10/18/2009 16:46
Spiderpope
@Gabapenteado, whilst im all for Activision hate, its Interplay who rereleased the "trilogy" box set.
youngskeletor's Avatar - Comment posted on 11/06/2009 01:05
youngskeletor
bethesda and obsidian know they're doing and new vegas will be a beast... i just wish SOMEONE would make the MMO!
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