Bethesda Loses Latest Appeal Against Fallout MMO Devs

[Hevva]

Bethesda Loses Latest Appeal Against Fallout MMO Devs

Bethesda has lost the latest in a long line of legal proceedings against Fallout MMO developer Interplay.

Earlier this year, Bethesda denied [http://www.escapistmagazine.com/news/view/110895-Bethesda-Claims-Interplay-Wants-to-Undermine-Fallout], Bethesda, undeterred, filed for an appeal against the denial of its injuction. Now, in the latest development of this three year old legal battle, that appeal has been rejected.

Here's the story so far: In 2007, while working on Fallout 3 as a licensee, Bethesda Softworks sue Interplay [http://www.escapistmagazine.com/news/view/70622-Bethesda-Softworks-Purchases-Fallout-IP] for failing to meet contractual funding requirements in the development of said MMO. Since then, both sides have been locked in a drawn-out legal battle.

This latest injunction is seperate from the original case, for which litigation is still ongoing. The latest chapter in this story took place this week, when it was shown by documents submitted to the United States Court of Appeal that Bethesda wanted to demonstrate that "the district court abused its discretion and misapplied the law in concluding that Bethesda failed to establish a likelihood of irreparable harm [in its injunction request]." The papers also show that the court remains unconvinced of Bethesda's claims of "irreparable harm."

This hasn't been the best month for Bethesda's legal team; it lost its injunction against Minecraft developer Mojang finances [http://www.escapistmagazine.com/news/view/113699-Court-Shoots-Down-Bethesdas-Scrolls-Request]. We'll keep an eye out for any updates, but something tells me this issue won't be resolved soon.


Source: Joystiq [http://www.joystiq.com/2011/10/26/work-on-fallout-mmo-can-continue-for-now-bethesda-injunction-ap/]



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[harvz]

i wonder who appears to be worse at their job, bethesda's legal department or EA's PR department.

 

[WaffleCopters]

Lol poor(?) bethesda, Mojang then this xD

(but im happy about the losing to mojang, having a feeling beth was being a little stupid there :s)

 

[Dogstile]

i wonder who appears to be worse at their job, bethesda's legal department or EA's PR department.

I still don't see why people think their PR department is bad, they're like Jim Sterling, they generate controversy and people talk about whatever the hell they've stirred up. Just sayin'

OT: This one was pretty silly from the start methinks, even if Bethesda had a case to stand on, why would you let someone produce an MMO of a game you own the rights to then sue them for using characters. It makes no sense at all.

 

[Setch Dreskar]

Interplay has the rights for a Fallout MMO they wouldn't need to get Bethesda's permission for anything, which is the main reason Bethesda is trying to wrestle the rights away from them in the hopes of having the entire IP liscense.

If Bethesda want's to make a fuss about this they should have bought the entire rights to Fallout, rather then taking ONLY single player rights and allowing Interplay to keep the rights to make the MMO. Bethesda, you screwed yourself here from lack of foresight, in the hopes Interplay would go under and default the rights back to you.

Capthca - if CP in (R) rbstatel

 

[ShadowKirby]

i wonder who appears to be worse at their job, bethesda's legal department or EA's PR department.

I still don't see why people think their PR department is bad, they're like Jim Sterling, they generate controversy and people talk about whatever the hell they've stirred up. Just sayin'

OT: This one was pretty silly from the start methinks, even if Bethesda had a case to stand on, why would you let someone produce an MMO of a game you own the rights to then sue them for using characters. It makes no sense at all.

They are not suing them for using their characters, they are suing for breach of contract. Their huge financial troubles probably didn't help either.

Bethesda loosing this appeal doesn't really change anything if you look at the big picture. Either way, Interplay is in no position to make a MMO. Hell, I wonder if Interplay is not only the lawyers handling this case.

 

[ZeZZZZevy]

Cue the undying hate for Bethesda.

OT: you win some, you lose some, and it looks like Bethesda is probably going to win this case in the long run. (Either because they'll refuse to publish the game or Interplay will run out of money)

 

[Thumper17]

All this is is BethSoft trying to bleed interplay dry so they go bankrupt.

 

[Lunar Templar]

a fall out MMO? this is the first i've heard of it, and it already sounds like a bad idea

 

[TheDooD]

i wonder who appears to be worse at their job, bethesda's legal department or EA's PR department.

We can all settle that in a tournament of Quake and Unreal. Like how everything should be settled

OT

Bethesda a Fallout MMO can net you some money on the side when you're making Fallout 4 and all the DLC. So why are you making a big deal of this...

 

[Signa]

With the way this story has been conveyed to me, this is sad news. I loved Interplay back in the day, but it sounds like they are just composed of a bag of dicks now. This is in contrast to how I felt about the Scrolls debacle where it seems like Bethesda is just flexing their legal muscle and is not perusing what is right or fair.

 

[Andronicus]

If Interplay needs Bethesda's permission, why even bother continuing with the game, regardless of whether or not they won the court battle? Do they really think Bethesda is going to say yes after all the crap they're going through to kill it now?

 

[Lt. Vinciti]

They should just let it go... Let it bomb.... Laugh... Sue Again...


I wonder what dick Bethesda hired to run the Legal Dept..

Lets sue....-Dr.Evil Pinky Move-....Everyone! MWHAHAHAHA

 

[FarleShadow]

You know what would be nice?
A thread where Escapist's immediate reactions weren't "ZOMG BETH IS EVIL, ARRGH WORLD ENDING!" whenever a company acts like....a profit seeking entity. Which they are. Obviously.

Instead, how about this: Bethesda got the rights from Interplay, but left them the rights to create an mmo of the Fallout universe in 24 months (2007), Bethesda would recieve 12% of the subs and purchases of that mmo. NOTE that Interplay have already failed to raise enough cash, by their own estimation no less, to make it and have already failed to meet the deadline.

So essentially: Bethesda offered them a small chance to make an MMO Fallout as a small token of respect for the company (Or whatever, just guessing that bit) and Interplay balls it up.

So out go the lawyers!

 

[PinkiePyro]

I wanna laugh but I also feel a bit sorry for them on account of all the hate and what not

 

[piratejames]

Interplay have started development of the MMO, it's been developed with another studio as well. I'd like to see what Interplay can come up with, to do with Fallout, when few of the original staff are still there. Guess we'll just have to see how it pans out.

 

[Spencer Petersen]

Well I can safely say that a Fallout MMO has no chance of being released as long as Interplay is in control of the brand. So much for that.

 

[Mekado]

a fall out MMO? this is the first i've heard of it, and it already sounds like a bad idea

It's been (supposedly) in the works since 2007 by interplay, no news, no screenshots, no noise at all, dosen't bode well to me.

Interplay don't have the ressources to make a "nice" game anymore, all the talent has long left the company and it's just a ghost of what they used to be.

A Fallout MMO by interplay, if it ever gets released will be terrible imo....they're more in the caliber of facebook poker games now... (oh Hi! Garriott )