Bethesda Tries Again in Fallout Online Legal Battle

[Buizel91]

I'd so laugh if Interplay just wopped out some more evidence...

I would love to be in that court room if it happened. :')

Unrealted: CLEAN!̸̶͚͖͖̩̻̩̗͍̮̙̈͊͛̈͒̍̐ͣͩ̋ͨ̓̊̌̈̊́̚͝͠ͅ ̷̧̢̛͖̤̟̺̫̗͚̗͖ͪ̏̔̔̒́ͥ̓ͫ̀ͤ̇ͥYOURSCREEN

 

[Starke]

That looks to me like Bethesda is trying to prevent Interplay from proving that they have in fact satisfied their contractual obligations by just making sure they can't present the evidence that would prove it.

In other words, they wouldn't be able to prove it because all evidence that could prove it would be declared inadmissible.

Section 1 states that Interplay would have to prove that they secured financing, had a contract and all that jazz, while the other 3 sections specifically prevent them from doing so.

It's not exactly. Clause 2 is to say that Interplay cannot use Wiki (or other non-related sources) to prove that they had the rights not granted in the contract itself. Basically, parol evidence is evidence that contradicts a contract but comes from a source unrelated to the contract.

Clause 3 is a bit murky, but it looks like they're actually saying that if Interplay didn't have $30m (the originally contracted amount, I think (don't quote me on that number though)) attached to the project by the 2009 deadline, they can't argue they'd actually secured funding for the project. Note that Clause 1 doesn't say anything about being in full production.

Clause 4 is to prevent them from saying "we should keep the license because we made mistakes." An affirmative defense is when you say, "yes, I did this, but I shouldn't be punished because of X."

 

[chaosyoshimage]

Unrealted: CLEAN!̸̶͚͖͖̩̻̩̗͍̮̙̈͊͛̈͒̍̐ͣͩ̋ͨ̓̊̌̈̊́̚͝͠ͅ ̷̧̢̛͖̤̟̺̫̗͚̗͖ͪ̏̔̔̒́ͥ̓ͫ̀ͤ̇ͥYOURSCREEN

Whoa, neat, I quoted you just to see how you did that.

Anyway, all this legal nonsense confuses me, I just want to know if the Master lives, also would Interplay bring back talking Deathclaws? I miss talking Deathclaws...

 

[RicoADF]

I hope bethesda is fined for attempting to perverse the course of justice. If I were to prevent evidence from being shown in court I'd be charged.

 

[Lunar Templar]

I'd so laugh if Interplay just wopped out some more evidence...

I would love to be in that court room if it happened. :')

Unrealted: CLEAN!̸̶͚͖͖̩̻̩̗͍̮̙̈͊͛̈͒̍̐ͣͩ̋ͨ̓̊̌̈̊́̚͝͠ͅ ̷̧̢̛͖̤̟̺̫̗͚̗͖ͪ̏̔̔̒́ͥ̓ͫ̀ͤ̇ͥYOURSCREEN

cool trick right there


ot: >.> Fallout online still smacks of a painfully bad idea to me, no matter who wins

 

[Vivi22]

Bethesda is not going to lose the Fallout License. They don't want Interplay to make the MMO thats why they are doing this, they don't care if they win the case. They are using the legal system to financially rape the already weak Interplay. Most likely it will work too.

Why should the license be left with Interplay the people who made all that companies good memorable games have moved on. Its a dieing shell of a studio that has contributed nothing of note in recent memory. Even if Bethesda leaves them alone its doubtful they will ever actually make the game. Even less likely they will make it a good game.

I don't think people are annoyed/outraged by Bethesda's behaviour because they think Interplay will make a good Fallout game again. I agree with you completely that Interplay is basically dead.

What get's at people though, myself included, is that Bethesda had an agreement with them and Interplay upheld their end as far as anyone can tell (if they hadn't, I doubt Bethesda would be trying to prevent them from making their case now, nor have spent all this time waiting to go to trial). Now Bethesda is using every bit of legal shenanigans they can dream up to try and get out of it because that would be better for them than letting Interplay have the MMO license.

Well, you know what? Too fucking bad Bethesda. You accepted the deal so tough shit. You have to live with it.

 

[Ghengis John]

Well, you know what? Too fucking bad Bethesda. You accepted the deal so tough shit. You have to live with it.

Couldn't agree more. The recent spate of legal shenanigans coming out of Bethesda seems to point towards somebody being flush with cash but short on maturity. Bethesda made a gamble that interplay wouldn't be able to hold up their end of the bargain and they lost that gamble. I wouldn't be surprised to learn what they were really hoping to do was drain interplay's coffers through legal disputes.

 

[Anjel]

Wasn't there a story recently that suggested Bethesda development weren't happy with Zenimax Media taking Mojang to court over the whole Scrolls thing?

Even if I am mistaken I can't see Bethesda being too happy with the amount of negative publicity they are getting as a result of Zenimax's heavy handed treatment of other companies.

Do I want to see a Fallout MMO? I'm a huge fan of the Fallout franchise, played Fallout 1 when I was a kid, and sure an MMO would be fun, but I'm not a fan of subscription games anyway so I probably wouldn't play it. I guess I'm indifferent.