Bethesda Wins Full Rights To Fallout

[Panzersharkcat]

Link.

ZeniMax Media Inc. has announced that a settlement had been reached in the lawsuit filed by its subsidiary, Bethesda Softworks, against Interplay Entertainment Corporation in 2009, Bethesda Softworks LLC v Interplay Entertainment Corp., seeking cancellation of the license granted to Interplay to develop a massively multiplayer online game (MMO) based on the Fallout brand. Bethesda maintained in its complaint that Interplay had failed to meet the conditions for the license and the license was therefore of no continuing validity. Bethesda pretty much kicked Interplay’s ass in this deal and got everything they wanted, even if they had to pay Interplay 2 million bucks. For Inteplay’s part, I think they wasted a great opportunity though I’m not sure they had the conviction to bring an MMO the quality that Fallout would have demanded to fruition.

Under the terms of the settlement, the license granted to Interplay to develop the Fallout MMO is null and void, and all rights granted to Interplay to develop a Fallout MMO revert back to Bethesda, effective immediately. Interplay has no ongoing right to use the Fallout brand or any Fallout intellectual property for any game development. ZeniMax will pay Interplay $2 million as consideration in the settlement, each party will bear its own costs of the litigation, and Bethesda will continue to own all Fallout intellectual property rights. Interplay will be permitted to continue to sell the original Fallout Tactics, Fallout and Fallout 2 PC games through December 2013, after which time all rights to market those games revert to and become the sole property of Bethesda. Under the original agreement pursuant to which Bethesda had acquired the Fallout property, Interplay was granted certain merchandising rights to sell those original Fallout games, but those merchandising rights will now expire on December 31, 2013.

The lawsuit against Interplay arose after Bethesda Softworks acquired all Fallout intellectual property rights from Interplay in April 2007, and conditionally licensed back to Interplay certain trademark rights to make a Fallout MMO, provided Interplay secured $30 million in financing for the MMO and commenced full scale development of the game by April 2009. Bethesda alleged in its complaint that Interplay failed to meet either condition of the license back agreement but refused to relinquish its license and insisted it would develop a Fallout MMO. Bethesda filed suit to declare the license void.

In a separate but related matter, Bethesda commenced a second action against a purported developer of the Fallout MMO, Masthead Studios, Bethesda Softworks LLC v Masthead Studios Ltd. In the course of the original lawsuit against Interplay, Interplay had claimed that it had engaged Masthead Studios to develop the Fallout MMO under its license, and contended that Masthead was engaged in full scale development of that game. Bethesda filed its separate lawsuit against Masthead to assert copyright infringement and other violations of Bethesda’s intellectual property rights. Under the MMO license granted to Interplay, Interplay was not permitted to sublicense any rights granted without the prior approval of Bethesda, approval which had never been requested or granted. In responding to Bethesda’s lawsuit, Masthead denied that it had been using any of Bethesda’s intellectual property in developing an MMO. Masthead and Bethesda settled that second lawsuit on December 29, 2011. In the settlement, Masthead acknowledges it has no legal right to use any Fallout intellectual property, and agrees it will not use any such intellectual property of Bethesda in the future. No payments were made by either party as part of this settlement. The two settlements resolve all pending litigation over the Fallout intellectual property owned by Bethesda.

Hurrah.

[Chardok]

I saw this yesterday and immediately signed up for access to the Fallout MMO Beta.

For lulz.

[CaptHawkeye]

Jesus Christ this is still going on? How much time and money does Interplay intend to waste on goose chases before they move on and start making real video games again?

Ha, real video games. I can't believe I actually put that phrase and Interplay in the same sentence.

[Ryan Thunder]

Jesus Christ this is still going on? How much time and money does Interplay intend to waste on goose chases before they move on and start making real video games again?

Ha, real video games. I can't believe I actually put that phrase and Interplay in the same sentence.

Still waiting on Descent 4.

[Alyeska]

Jesus Christ this is still going on? How much time and money does Interplay intend to waste on goose chases before they move on and start making real video games again?

Ha, real video games. I can't believe I actually put that phrase and Interplay in the same sentence.

Still waiting on Descent 4.

Interplay thinks someone will pay top dollar for Descent and Freespace like Bethesda did with Fallout.

Possible. But with Interplay trying to knife Bethesda in the back after the sale, no one will want to pay any top dollar amount because no one trusts Interplay.

[Ryan Thunder]

Which is unfortunate, because the market seems sorely lacking in zero grav shooters.

[KhorneFlakes]

I don't know why you'd want them Interplay to even develop FS3 anymore. By the looks of it, most of the FS2 dev team left. Besides, they really only ever had a vague idea for where they wanted to go with FS3.

I prefer FSOpen, thanks.

[OmegaChief]

Are you kidding Khorne? Think of what we could do with a new engine for the FSOers to play around in, for that reason if no other a FS3 would be great...

Oh who am I kidding, they'd probably just throw out some recycled garbage by apeing stuff from the modders :<

[starslayer]

Volition developed the FS series, and IIRC at least some of the original FS2 dev team still works there. I recall hearing about rumblings that THQ, who owns Volition, would be willing to purchase the rights and have Volition make FS3 if a deal could be reached, but Interplay was never interested. Volition, for it's part, has repeatedly outright said to the FSO community that they would be willing (hell, maybe even eager) to develop FS3 if THQ could get the rights.

[Alyeska]

I don't know why you'd want them Interplay to even develop FS3 anymore. By the looks of it, most of the FS2 dev team left. Besides, they really only ever had a vague idea for where they wanted to go with FS3.

I prefer FSOpen, thanks.

The "FS2 Dev Team" wasn't Interplay. It was Volition. Interplay owns the rights but did not make the games.

[KhorneFlakes]

Eaaargh. I meant to say that most of the Volition devs for FS2 seem to have left, and that if it did get developed it likely just be aping stuff from FSOpen like OmegaChief said. Bloody headaches.

It would be nice if Volition got the license back, however. I doubt it'll ever happen, however.