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Legal fight: Bethesda sues Interplay over Fallout stuff photo

Bethesda Softworks is, like, totally, “I ain’t playin’ wit’ you Interplay.” The studio responsible for the Elder Scrolls series is now suing developer Interplay for multiple breeches of the Fallout IP agreement.

A ton of legal stuff regarding the post-apocalyptic property is being requested and sought. According to Gamasutra (who obtained the official complaint filed on September 9th), Bethesda is seeking a “preliminary and permanent” injunction against Interplay’s sales of the older Fallout games. In addition to that, Bethesda wants the court to kill the licensing agreement between the two studios, thus preventing the release of the fabled Fallout MMO. Also, they’re asking for Interplay to pay up for all the “irreparable harm” and whatnot the studio caused Bethesda.

In summary, Bethesda wants to wear the Fallout daddy pants and control the IP because they believe Interplay screwed up on several levels.

This certainly isn’t the whole story. If you’re interested in all this legal junk beyond our quick hits version above, check out the Gamasutra article. It has a ton of in-depth information and several words I can’t pronounce. Also, it observes that whole “innocent until proven guilty” thing I hear about on Cops all the time.


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44 comments | showing # 1 to 44

DaedHead8's Avatar - Comment posted on 09/11/2009 22:06
DaedHead8
Seems kind of lame on Beth's part. I mean, ever since FO3, the first two games have been selling better than they have in years. I bet Beth just wants a slice of that.
gore on the floor's Avatar - Comment posted on 09/11/2009 22:08
gore on the floor
In before Fallout fans flip the fuck out.

Holy alliteration.
ArrestedDeveloper's Avatar - Comment posted on 09/11/2009 22:09
ArrestedDeveloper
I know business is business but I wished they'd cut Interplay some slack. Interplay made some great games, created some amazing IP's and is trying to come back from financial ruin, give them some slack.
TewDee's Avatar - Comment posted on 09/11/2009 22:16
TewDee
"Also, they’re asking for Interplay to pay up for all the “irreparable harm” and whatnot the studio caused Bethesda."

Did someone get raped and we missed it? Seriously, this stands out as one of the stupidest statement of the year.
runtheplacered's Avatar - Comment posted on 09/11/2009 22:19
runtheplacered
@ ArrestedDeveloper,

Seriously, wouldn't it be nice if the world worked that way?
gore on the floor's Avatar - Comment posted on 09/11/2009 22:23
gore on the floor
After reading the full article, I'm not really sure who to side with. On one hand, Bethesda looks like they're just trying to stick it in Interplay's ass now that they've reaped all the benefits of the Fallout license. On the other hand, if Interplay is in breach of contract, well.. business is business. Still sucks, though.
Palidi's Avatar - Comment posted on 09/11/2009 22:24
Palidi
Does this mean that I need to buy the Fallout pack on steam quickly before Beth forces Interplay to take them off?
Dexter345's Avatar - Comment posted on 09/11/2009 22:36
Dexter345
Bethesda shooting to be the next Activision, eh?
Ganjookie's Avatar - Comment posted on 09/11/2009 22:37
Ganjookie
Reposting from my Gamasutra post..

"The plaintiff said because of the alleged trademark infringement, consumers have become confused between the makers of the pre-existing Fallout games and Bethesda's more recent Fallout 3 -- a situation that Bethesda wanted to avoid."

I think this is false. Any gamer worth their salt is going to know the difference between the companies and the styles of each of the games.

It's rubbish Bethsesda is suing Interplay for a compilation pack.
Bethesda has even tried to let gamers know that there is a DISTINCT difference between the first 2(3 if you count tactics)and Fallout 3.
(see http://www.gamebanshee.com/news/static/EkkFyZyApEEPudTRGA.php or http://www.videogamer.com/features/article/10-10-2008-529.html for references)

Does Bethesda think gamers are that dumb. Screenshots on the box would be dead giveaway.

http://www.gamasutra.com/php-bin/news_index.php?story=25226
orao's Avatar - Comment posted on 09/11/2009 22:45
orao
What... what the fuck?
THEY WERE BEHIND THE ORIGINAL FALLOUTS, WHICH BETHESDA LICENSED FROM THEM.
MIGHT I ADD BETHESDA'S GAME ALSO SUCKS A LOT.
Fucking hell. That's like me buying an apple from a grocer, and then suing him for seeling apples because I want to be the only one with an apple.
king kong five's Avatar - Comment posted on 09/11/2009 22:53
king kong five
Bullshit. Fucking bullshit.

If Bethesda was confident in their product they wouldn't be doing this. I mean, I had a lot of fun with Fallout 3, and I'm obviously not the only one, but I think Bethesda is well aware of the fact that voice acting and prettier graphics doesn't change the fact that the first two Fallout games are infinitely better than Fallout 3.

I've never before felt the need to boycott any game publisher, and in fact reading the words "gamers" and "boycott" in the same sentence has always struck me as a little bit melodramatic, but this is just so greedy and evil on Bethesda's part, especially considering the ungodly amounts of money they're making with Fallout 3 and its mediocre DLC, that I may end up finding myself on the melodramatic side of this argument.
Scary Womanizing Pig Mask's Avatar - Comment posted on 09/11/2009 22:59
Scary Womanizing Pig Mask
What a dick move.
Klempky's Avatar - Comment posted on 09/11/2009 23:11
Klempky
I'm pretty much 100% with King Kong Five on this one, especially on the melodramatic part. I know business is business, but bullshit is universal.
bluemeep's Avatar - Comment posted on 09/11/2009 23:13
bluemeep
Egad, I don't want to think about what must be happening over at NMA right now. They must be swimming in bile and vitriol.
IzekialRage's Avatar - Comment posted on 09/11/2009 23:23
IzekialRage
I though they just bought the rights for the van buren and fallout 3 shit. WTF bethsoft.
Klempky's Avatar - Comment posted on 09/11/2009 23:35
Klempky
@Bluemeep: Jesus Christ I forgot about NMA. We could do a whole Fanboy Friday over that.

Let's do a whole Fanboy Friday over that.
Midgetsnowman's Avatar - Comment posted on 09/11/2009 23:47
Midgetsnowman
I'm suddenly so very glad I bought Fallout 3 used and didnt personally contribute money to Bethesda.
theredpepperofdoom's Avatar - Comment posted on 09/11/2009 23:48
theredpepperofdoom
Hopefully the Fallout MMO will be cancelled and the unreleased Earthworm Jim game will be back in production and Interplay will then make lots of money.
gamadaya's Avatar - Comment posted on 09/12/2009 00:12
gamadaya
Fuck you Bethesda. You're the ones who should be getting sued for fucking up Fallout 3 so bad. And I'm not saying that completely out of anger either. It didn't fucking work. Your patches broke it more, and I really think a class action suit would have been warranted by the people who purchased the game. Thank god I stole it so I didn't have to pay $50 to find out it was a broken piece of garbage.
Valter's Avatar - Comment posted on 09/12/2009 00:28
Valter
@Dexter: Primary difference being that Bethesda makes good games and Activision does not.
Dexter345's Avatar - Comment posted on 09/12/2009 00:40
Dexter345
@Valter: They publish the Call of Duty series, which is good every other year.
xDimMaK's Avatar - Comment posted on 09/12/2009 00:44
xDimMaK
Bethesda's just butt hurt that they can't make a decent Fallout game. Actually, their games in general have been downhill since Daggerfall. After Oblivion (which lived up to its name) and the destruction of the Fallout series, I've lost interest in Bethesda.

They can sue Interplay all they want, though. Interplay laid off Black Isle Studios (aka one of the greatest developer of all time, now Obsidian Entertainment) so I'm not exactly on good terms with them either.
Morte's Avatar - Comment posted on 09/12/2009 01:18
Morte
Anyone who hasn't played the older games in the series yet might as well buy them now while they're being sold dirt cheap. Always a chance this might end up in an ownership limbo, with e.g. Bethesda owning the content and Interplay owning the code, and neither being able to re-release the games. It's not that rare, actually.
Timmeh's Avatar - Comment posted on 09/12/2009 01:51
Timmeh
Confusion? It states quite clearly on Steam, GOG.com etc. who the publisher/developer is for each game. That's all just bullshit

Sounds like Bethesda are trying to put a barely there publisher out of business to claim back the MMO rights. The stuff about distributing the game just seems petty and vindictive. I mean, it says that Interplay had the right to sell the original games anyway, but didn't ask Bethesda first?
Monster w21 Faces's Avatar - Comment posted on 09/12/2009 02:38
Monster w21 Faces
You people are woefully deluded if you think Bethesda is the bad guy in this situation.

They bought the Fallout IP. Fallout is theirs and theirs alone. They paid over 5 millions dollars for it.

If you bought a loaf of bread from a guy for 5 millions dollars and he broke into your house at night, stole half the slices and then tried to sell them off to someone else you'd probably seek legal action aswell.

Interplay isn't some poor defenceless independant developer. They're a long established developer/publisher who destroyed their business through bad choices and sat on the Fallout IP for 10 years.

Grow the fuck up.
CloneTrooper's Avatar - Comment posted on 09/12/2009 02:54
CloneTrooper
I still dont see how people think that because Interplay is making it, that its going to be the answer to their Purist Fallout Dreams.

Masthead is working with them, and they weren't part of the original Fallout team were they? Sure Interplay has a couple of Original Devs...but not that many.

Alot of them are at Obsidian now, and Brian Fargo has his own company now and is working on a Wasteland property supposedly.

Oh and the whole selling of the Original Games. I bought one of the packs with Fallout 1 2 and Tactics...and on the box it actually says "Fallout 1 2 and 3" So yeah, I can see why Beth might be shitty about that.
TheNomadicTroll's Avatar - Comment posted on 09/12/2009 03:08
TheNomadicTroll
I thought that the fallout mmo will be called vault 13 or something like that. Huh, need to check the wiki I guess.
Ganjookie's Avatar - Comment posted on 09/12/2009 03:31
Ganjookie
@Monster w21 Faces your analogy is fucked up.

Its as if a man made 3 loaves of bread. HE sold the recipe to somebody and then after the new guy made some good bread and sold it to more people over a larger area, the original man tried to sell his bread again, and the new guy tried to fuck him in the ass, because he bought the recipe.
vexed alex's Avatar - Comment posted on 09/12/2009 04:16
vexed alex
Shady!
Chronic Logic's Avatar - Comment posted on 09/12/2009 04:17
Chronic Logic
Damn, I was really hoping for a turn based strategy rpg Fallout game. Why are you doing this Bethseda?
GoW's Avatar - Comment posted on 09/12/2009 04:35
GoW
Interplay released a compilation game called Fallout Trilogy. Bethesda released a game called Fallout 3. Would the average person assume that Fallout 3 be in a compilation called Fallout Trilogy?
Stormer77's Avatar - Comment posted on 09/12/2009 06:28
Stormer77
Quick! Buy the trilogy on steam beofer this ends!
Super Mega Hyper's Avatar - Comment posted on 09/12/2009 09:00
Super Mega Hyper
Why buy the rights to a game when you are worried about people becoming confused with the franchisee, how about coming up with your own ideas instead of being too lazy and uncreative to craft your own universe.

Yeah I know they are a company and they're in the business to make money, and what they're claiming is legally correct, but for fuck sake at least have some integrity.

I guess the good/evil balance had to be restored sometime -
Valve fly some boycotters to HQ so they can try out an unreleased game, meanwhile Bethesda touches a child and steals money from the collection plate at church.
Midgetsnowman's Avatar - Comment posted on 09/12/2009 09:34
Midgetsnowman
@GoW: One would hope you'd read what games are included before buying it. Then again..I suppose the average person who buys Bethesda games IS an idiot..
countingdown7's Avatar - Comment posted on 09/12/2009 09:42
countingdown7
What people fail to realize is Interplay did FUCK ALL. Read carefully INTERPLAY IS/WAS A PUBLISHER, NOT A DEVELOPER!
countingdown7's Avatar - Comment posted on 09/12/2009 09:47
countingdown7
What you people FAIL to realize(mostly because your search engines buttons are broken)is that OBSIDIAN is made up of ALOT of BLACK ISLE(ie the DEVELOPER who MADE FALLOUT 1 AND 2)staff. And BETHESDA gave them the rights to make Fallout: Las Vegas. Interplay, your sacred whore publisher, CANCELLED FALLOUT 3!!!!!!!!!!!!!!! Or what would have been Fallout 3. If any of you actually were fans of the first two games, this wouldn't be news to you.
Retrofraction's Avatar - Comment posted on 09/12/2009 10:59
Retrofraction
yeah, sort of lame on Bethesda side. Just because you have the right to sue some one does not mean you should.
LsTr Of SmG's Avatar - Comment posted on 09/12/2009 11:25
LsTr Of SmG
What Monster w21 Faces, clonetrooper and countingdown7 said.

Interplay are as big if not bigger dicks than Bethesda these days.
king kong five's Avatar - Comment posted on 09/12/2009 12:01
king kong five
@Monster w21 Faces
@Ganjookie
I responded to both of your analogies in a quick C-blog I just wrote.
http://www.destructoid.com/blogs/king+kong+five/why-it-actually-makes-sense-to-be-angry-over-bethesda-s-lawsuit--148374.phtml#story
Arkhon's Avatar - Comment posted on 09/12/2009 13:43
Arkhon
@Midgetsnowman:

Yes, because everyone knows the Elder Scrolls games are worthless and never did anything right and in fact are completely rubbish.

What Interplay is doing is pretty shady, especially considering they sold the rights to Bethesda. This lawsuit is actually justified.
Anonymouse's Avatar - Comment posted on 09/12/2009 15:01
Anonymouse
ummmmmm..... uhhhhh..... I agree with Arkhon.
Im OK's Avatar - Comment posted on 09/12/2009 15:36
Im OK
So... how many of you who are going apeshit right now against Bethesda actually bothered to read the Gamasutra article linked above? Some of that stuff is some pretty specific shit that, if true, shows that Interplay didn't keep up their end of the contract and that Bethesda is entirely justified in doing this.

Calm the hell down, you fucking fanboys. The quality of Fallout 3 vs the original games or the quality of Bethesda games vs Interplay games has absolutely no bearing on this whatsoever. This is just industry bullshit, no more and no less.

@Midgetsnowman

Except, of course, the people who buy the Fallout Trilogy are buying Interplay games, not Bethesda games. So, um, who's the idiot again? Seriously, if Joe Tard game player buys this Fallout Trilogy thinking he's getting Fallout 3 in the combo, this is partly his fault for being Joe Tard and partly Interplay's fault for being shady and trying to cash in on Fallout 3 with a disingenuous title that implies that Fallout 1 and Fallout 2 and Fallout 3 are included. Hell, even I hardly consider the execrable Fallout Tactics, and I already own the fucking thing, independent of this, so I can see where confusion might set in. Fallout 1 and 2 are awesome, but Fallout Tactics is pure shit and is certainly no Fallout 3. Again, not that that has any bearing on this lawsuit.
countingdown7's Avatar - Comment posted on 09/12/2009 17:04
countingdown7
http://en.wikipedia.org/wiki/Black_Isle_Studios
Snarc's Avatar - Comment posted on 09/12/2009 22:48
Snarc
Bethesda owns the rights to fallout. Interplay was under a specific agreement with Bethesda to make the mmo, and if failed to come up with the minimum budget (20 million or something) then the rights come back to bethesda, case closed.

It's a shame, but Bethesda has the right to do it. Interplay sold them fallout which had allowed them to get back on their feet in the first place. I would say it is Interplay who is making the shady plays here.
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