Archive

Interplay Responds to Bethesda Fallout Online License Claims

Updated Tue, Jan 03, 2012 by Martuk

2010 was quite a year for controversy and lawsuits from the MMOG side of the gaming industry and last week we reported our first MMOG-related lawsuit story of the year with the US Patent lawsuit against Activision Blizzard and Zynga. But this week we pick back up on the saga of Fallout Online between Fallout property owner Bethesda and former owner turned licensee, Interplay, which seems to have carried over into 2011.

Harold

Poor Harold gets caught in Interplay and Bethesda's crossfire again.

In November of last year, Bethesda filed an amended complaint against Interplay over the use of Fallout assets to promote and develop Fallout Online. The complaint alleged that Interplay's license only granted the developer rights to use the Fallout trademark in its MMOG development, but all other assets relating to the Fallout universe and its characters were not included in the license.

This week Gamasutra obtained a court document filed by Interplay that argued against Bethesda's interpretation of the licensing and purchase agreements. Under Bethesda's interpretation of the agreement, Interplay is to develop and release a Fallout MMOG that essentially is separate from the established Fallout series and without the use of any of the known characters like Harold. But Interplay argued that by separating the MMOG from established content would deny them the benefits of using the Fallout brand itself.

"First, this is not only absurd, but is specifically prohibited [emphasis Interplay's] by the agreement because Interplay was only granted a 'license and right to use the Licensed Marks on and in connection with its FALLOUT-branded MMOG ... and for no other purpose," the filing added.

Interplay states that Bethesda's claims are "without merit" and has asked the courts for the opportunity to present evidence to show the parties intent relating to the use of the Fallout brand.

Source
Gamasutra

Fallout-Stand-By.jpg

The long and messy legal battle between Bethesda and Interplay over the Fallout IP has finally been settled.

News
Tue, Jan 03, 2012
Martuk
Bethesda_vs_Interplay.jpg

The Bethesda vs Interplay saga heads to court this month and reaches a new level of ridiculousness.

News
Fri, Dec 02, 2011
Martuk
Lawsuit.jpg

Bethesda loses another round to Interplay in the courtroom following a rejected injunction appeal that allows Interplay’s work on Fallout Online to continue.

News
Thu, Oct 27, 2011
Martuk
Fallout-Postcard.jpg

Bethesda suffers another setback in their Fallout IP legal battle with Interplay after a judge dismisses their move for a restraining order against co-developer Masthead Studios.

News
Fri, Sep 23, 2011
Martuk

News from around the 'Net