Judge Denies Bethesda Fallout Injunction

Logan Westbrook

Transform, Roll Out, Etc
Feb 21, 2008
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Judge Denies Bethesda Fallout Injunction


A preliminary injunction filed by Bethesda against Interplay over the proposed Fallout MMO has been denied by a District Court Judge.

Bethesda's complaint against Interplay is twofold, citing a breach of contract over the MMO, and that the packaging of the Fallout Trilogy is misleading, making consumers believe that they are buying Fallout 3. The injunction, which would have prevented the beleaguered Interplay from selling the Fallout Trilogy compilation or from working on the Fallout MMO, was denied by Judge Deborah K. Chasanow for undisclosed reasons.

Bethesda bought the rights to the Fallout franchise from Interplay in 2007 for nearly $6 million, and licensed the rights for an MMO back to Interplay. According to Bethesda, Interplay failed to meet its contractual obligations by not securing funding, or beginning full scale production on the game by a designated time.

Source: Gamasutra [http://www.gamasutra.com/view/news/26491/Court_Denies_Bethesdas_Motion_To_Block_Interplay_Fallout_Activity.php]


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brutusford

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Jul 30, 2009
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Interplay had the rights but sold it because they couldn't do anything with it. Bethesda revives the Fallout franchise, and now Interplay wants it again. :p I just think it's sad because Interplay right now really does not have the means to produce a Fallout MMO. At least if Bethesda got the rights like they are contractually obligated, we could hope for a respectable Fallout MMO. We can only hope...
 

Amnestic

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Aug 22, 2008
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I can understand the Fallout Trilogy thing, though I would hope anyone that was buying it would at least look at what they were buying before getting it rung up.

And yeah, it does seem that Interplay violated the contractual obligation to the Fallout MMO as well.

"Undisclosed reasons"? How does that help me, Joe Nobody, form an opinion to express to the internets? Shocking that they didn't take me into account when deciding this.
 

Bored Tomatoe

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Aug 15, 2008
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I honestly think that this is better off in the hands of Interplay, Don't get me wrong, I loved F3, and I love Bethsoft, but I don't think that their buggy releases would go over well with an MMO...
 

Crazycat690

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Aug 31, 2009
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"Interplay fuck the game up"? Bethesda fucked fallout up!!! Fallout 3 isnt fallout!!! Its "Elder Scrolls: Apocalyptic Oblivion 2270"!
 

Lukeje

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Feb 6, 2008
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"Undisclosed reasons"? So the Judge is a Fallout fan who wants to see the MMO released then?
 

Blimey

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Nov 10, 2009
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Hmm. Interesting case, not sure whose side to take really. But if Interplay truly breached the contract they signed with Bethesda, then they deserve to accept the consequences of that action. However in court cases such as this I'm never sure which side to believe, because both sides are trying to make the other guy look like the very spawn of satan himself. So maybe I'll just sit back and watch the fireworks show.

Lukeje said:
"Undisclosed reasons"? So the Judge is a Fallout fan who wants to see the MMO released then?
I hope that's not the case, otherwise that is a very shitty judge.
 

demoman_chaos

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May 25, 2009
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Since the reason is undisclosed, I am almost certain of a bribe. In this age of corruption, I would not doubt it in the slightest.
In court cases, there should be no such thing as undisclosed reasons for a judgement. If there is a reason, it should be known.
 

VitusPrime

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Sep 26, 2008
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Crazycat690 said:
"Interplay fuck the game up"? Bethesda fucked fallout up!!! Fallout 3 isnt fallout!!! Its "Elder Scrolls: Apocalyptic Oblivion 2270"!
Yes, they changed the game, got a problem?
if it had the old combat system it would have been NO WHERE near as good in the terms of sales!
But really Interplay, grow up and either make said mmo or don't
Bethesda Make the mmo anyway you'd do it better anyhoo
 

Iron Mal

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Jun 4, 2008
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About the issue of the 'Fallout Trilogy' not including Fallout 3...well, provided that you read the fron of the box you can pretty clearly see that it does indeed include the first three Fallout games (and thus technically isn't a lie), throwing Fallout 3 in there would be like including Alien Trilogy and Alien Resurection in the box when they release AVP3 (in other words, what would be the point?).
 

Sparrow

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Feb 22, 2009
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That's total bull. Interplay are just being greedy. How can you justify selling your rights for a game away, but then breaking the agreement and selling the game under the same name?

Oh, and they can fuck right off for marketing it as Fallout 3.
 

tehroc

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Jul 6, 2009
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Fallout 3 is an atrocity and has NOTHING to do with either of the original (good) Fallouts. Fact is without the IP Bethesda wouldnt even gotten a fraction of the sales. All in all Fallout 3 should have been an original IP.
 

Jared

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Jul 14, 2009
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Stubee said:
If Interplay fuck that game up.......lets just say i wouldnt want to be in their shoes (or at least using the email inbox)
Poor guy who would be is not going to havea happy time...
 

Therumancer

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Nov 28, 2007
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I have mixed opinions on the subject.

In general I feel Bethesda made a truely awesome game with Fallout 3, perhaps one of the best of all time. The problem was they made it part of a franchise they bought rights to and it really just didn't fit.

Interplay was in trouble, they sold it, and if they didn't the whole thing would have died a true death. Honestly though I feel they are probably the only ones who could do things "right" with the current technology. It's not so much how the game plays, but the atmosphere, etc...

I think Bethesda is being a whining little girl unless they have someone who is actually ready to begin MMO production.

I do not see the legitimacy of complaining about the Fallout Trilogy because *I* bought it given the age of my original Fallout games, and felt there was nothing unclear about it at all. I think basically Betheda is uptight about it because more people are playing those games and seeing the differances despite the age of the tech. One of their biggest problems having been the "No Mutants Allowed" crowd and it does sort of throw fuel on the flames. At least this is my guess.

My most major concern here is whether or not this will effect "Fallout: New Vegas". I play MMORPGs and really I am kind of up in the air about a Fallout one as there are already so many tough choices (and only so much time). A new single player game, using an improved version of Beth's engine, and having the right writers at the helm... well that was something to look forward to. Since I believe a lot of guys involved with "New Vegas" were from Interplay allegedly, I find this news a bit disturbing.
 

Jack and Calumon

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Dec 29, 2008
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Judge Deborah K. Chasanow: I have decided that this court case is silly and I have no idea why we are doing this. Now if you don't mind I have to cash in this Cheque and retire early.
 

Echolocating

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Jul 13, 2006
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Therumancer said:
I do not see the legitimacy of complaining about the Fallout Trilogy because *I* bought it given the age of my original Fallout games, and felt there was nothing unclear about it at all. I think basically Betheda is uptight about it because more people are playing those games and seeing the differances despite the age of the tech.
When I went to the store to pick up Fallout 3 (Game of the Year Edition) for PC, I noticed the Fallout Trilogy sitting right beside it. My first thought was, why don't I just pick up the trilogy and get all 3 games instead of just one for the same price. If I remember correctly, the covers looked very similar too. It honestly fooled me at a glance and it took me a bit to realize that it wasn't Fallout 3. I can guarantee the trilogy has been bought under false pretenses by more than a few people.
 

Doug

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Apr 23, 2008
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Stubee said:
If Interplay fuck that game up.......lets just say i wouldnt want to be in their shoes (or at least using the email inbox)
To be honest, if Interplay were incapable of fucking up, they wouldn't be in the shit hole of a position they are in now.
VitusPrime said:
Crazycat690 said:
"Interplay fuck the game up"? Bethesda fucked fallout up!!! Fallout 3 isnt fallout!!! Its "Elder Scrolls: Apocalyptic Oblivion 2270"!
Yes, they changed the game, got a problem?
if it had the old combat system it would have been NO WHERE near as good in the terms of sales!
But really Interplay, grow up and either make said mmo or don't
Bethesda Make the mmo anyway you'd do it better anyhoo
Agreed, I think Interplay already screwed enough up; look at Fallout Tactics or there 'fixes' to the European versions of Fallout 1/2 to comply with the 'no child death' rules. Their a bunch of lazy fuckups who got lucky with Fallout 1/2.

As for Fallout 3, well, it was NEVER going to be the same as 1/2, and frankly I think Bethesda did a good job. The only thing that bugged me about Fallout 3 was...well, it was supposedly 200 years since the nuke, and STILL looks like that? Bloody hell. Also, I wish there where more town hubs/populated areas. But overall, I think Fallout 3 was good; perhaps as good as Fallout 1/2 back in its day! There, I said it
 

Yog Sothoth

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Dec 6, 2008
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Yay, the Fallout MMO lives to see another day... I love all of the Fallout games, even Tactics... The only one that I didn't like was that crappy action RPG console game Brotherhood of Steel... Who made that POS? It wasn't Bethesda or Interplay, if I recall...