Get your PC classics at GOG.com
 
   
Headlines
Picture of the Week
Tim Cain, master of Fallout and King of the land.
Poll
Fallout 4 Responses: What do you think of it?
I'm enjoying it! 23%
I like it, but I have a lot of the same frustrations from Fallout 3 23%
I'm not enjoying the new features/additions 7%
I'm dissatisfied and/or hoping Obsidian gets another shot 46%
 
Total Votes: 13
Uranium tan!


Username: Password:
Log me on automatically each visit
If you haven't already, you can register an account.

Search News Archives
 
Use the following form to search for news items which match the selected search criteria.
 
 
 
 
Bethesda fires back against Interplay
 
Bethesda fires back against Interplay [ Company -> Update ]
Posted by King of Creation Wed 12 Jan 2011, 12:39 AM
More info on Company: Bethesda v. Interplay

DAC reported earlier that Bethesda is now claiming that, with regards to a Fallout MMO, Interplay was only ever given the right to use the name Fallout. They were not, however, allowed to use any of the elements of that Fallout world, Bethesda claims.

Interplay filed a motion claiming that such a claim was ridiculous. Now, DAC has obtained Bethesda's counter of Interplay's counter (yay legal system). Here are the highlights from the filing:

By the terms of the TLA, Bethesda agreed to license to Interplay the right to use one single asset – the FALLOUT mark – subject to certain conditions for use in branding an MMOG. (See Bethesda Mem. at p. 5.) There is no contractual or other duty of Bethesda to allow Interplay to use any other Fallout copyrights, trademarks or other assets that Interplay sold without reservation in 2007.

...

Bethesda gave Interplay a license to call its MMOG “Fallout”...Nothing else was licensed to Interplay.

...

Even though Interplay sold Bethesda all right, title and interest in all Fallout intellectual property assets for $5.75 million, Bethesda agreed that Interplay could develop, under certain conditions, a “FALLOUT-branded MMOG.” TLA §§ 2.1. To memorialize the agreement, and in particular the single trademark license, the parties executed the TLA as an exhibit to the APA. It is undisputed that the TLA involves but one single intellectual property asset – the FALLOUT trademark – and nothing more.

I'm not a lawyer, but this seems absolutely ridiculous to me. It most certainly violates the convenant of good faith. Bethesda, at the time of the contract signing and up until Bethesda lost the initial rounds of the court battle, never informed Interplay that it would be only allowed to use the name. The contract itself certainly does not make mention of this fact, so I would assume that the court will not entertain the idea.

There are 18 comments on this article. Click here to comment.


^ Support DAC!
Related news items
 
All news related to Company: Bethesda v. Interplay
Last 5 news items under Company -> Update
Last 5 news items in the Topic Area: Company
Last 5 news items in the Category: Update
Last 5 news items posted by King of Creation
All news items posted on Wed 12 January 2011
  • Bethesda fires back against Interplay

 

 
 
Hot Topics
 
 
Help Support DAC!
 
 
Community
 
 
International DAC
 
 
Fallout Series
 
 
Official sites
 
 
Features
 
 
Hosted Sites
 
 
Our Friends
 
 
Content
 
 
Site hosted by Sorcerer's Place