They stole the license from Troika and ran with it screaming like a little girl with a cactus up her butt. -Pooperscooper
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 files "Motion in Limine" against Interplay
Bethesda files "Motion in Limine" against Interplay [ Company -> Update ]
Posted by King of Creation Tue 08 Nov 2011, 1:29 AM
More info on Game: Fallout: Online | More info on Company: Bethesda v. Interplay

Update: Interplay responds.

In the latest round of court drama between Bethesda and Interplay, Bethesda has filed a motion in limine. According to an analysis by our source, Bethesda is trying to prevent Interplay from bringing damning evidence up in the jury trial. Here is the important text from the file by Bethesda:

For the reasons set forth in the accompanying memorandum, Bethesda moves the Court for an order:

(1) Holding that Defendant/Counter-Plaintiff Interplay Entertainment Corp. (“Interplay”) bears the burden of proof at trial on each of the following issues: (a) that Interplay has a trademark and copyright license; (b) that Interplay had commenced “full-scale development of its FALLOUT MMOG” by April 4, 2009 as set forth in Section 2.3 of the Trademark License Agreement entered into by Bethesda and Interplay on April 4, 2007 (the “TLA”); and (c) that Interplay had “secured financing for the FALLOUT MMOG in an amount no less than US$30,000,000.00” by April 4, 2009 as set forth in Section 2.3 of the TLA;

(2) Precluding Interplay from offering parol evidence to support its defense that the TLA granted Interplay a copyright license;

(3) Precluding Interplay from arguing at trial that it had satisfied the “full-scale development” and “Minimum Financing” requirements set forth in Section 2.3 of the TLA by April 4, 2009; and

(4) Precluding Interplay from amending its pleadings to assert the affirmative defense of mistake.

I suppose if this motion was approved, then (1)(b) would mean that Interplay would have to show substantive proof of the development of Fallout: Online, which hopefully means that we could get our hands on some good stuff from the game to show you :-)

There are 7 comments on this article. Click here to comment.

^ Support DAC!
Related news items
All news related to Game: Fallout: Online
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 Tue 08 November 2011


Site hosted by Sorcerer's Place