Bethesda appealing the ruling

Comment on events and happenings in the Fallout community.
User avatar
King of Creation
Righteous Subjugator
Righteous Subjugator
Posts: 5103
Joined: Sat Dec 20, 2003 3:00 pm
Contact:

Bethesda appealing the ruling

Post by King of Creation »

<strong>[ Company -> Update ]</strong> - More info on <a href="http://fallout.wikia.com/wiki/Bethesda v. Interplay">Company: Bethesda v. Interplay</a>

<p>Bethesda's new law firm hit the ground running. Court documents that DAC has obtained show that Bethesda's new lawyers, Steptoe and Johnson, LLC, are appealing the preliminary injunction ruling that gave victory to Interplay.</p>
<blockquote>
<p style="text-align: left;"><em><span style="text-decoration: underline;">Notice of Appeal</span>

Notice is hereby given that Bethesda Softworks, LLC, plaintiff in the above named case, hereby appeals to the United States Court of Appeals for the Fourth Circuit from the order denying its motion for preliminary injunction entered in this action on December 11, 2009 and dated December 10, 2009.</em></p>
</blockquote>
<p style="text-align: left;">In addition, the lawyers have officially withdrawn DLA Piper, Bethesda's previous lawfirm, from the proceedings. We'll keep an eye on this one!</p>
User avatar
orionquest
Scarf-wearing n00b
Scarf-wearing n00b
Posts: 35
Joined: Fri Jan 08, 2010 8:51 am

Bethesda likes sitting on fences to squeeze a bit.

Post by orionquest »

It's within their right to appeal and I'm sure the already overloaded judge is going to be overjoyed to continue hearing how the word "trilogy" is harming Bethesda's sales of Fallout 3 when one lone customer or two complained about getting the patches for Fallout Trilogy from Bethesda instead of getting them from Interplay.

Bethesda kept saying that they "wanted" Interplay to make the Fallout MMO game in order to reap the financial benefit but at the same time they put stumbling blocks in front of them all the way back to 2008( They wanted them to work on a game and not know about the fact that the game was being worked on. They wanted no one to know the game was being worked on. They wanted Interplay to not post one Trademarked iota that they were working on anything Fallout MMO related and then they complained that they heard nothing about it under deposition. I guess that their lawyers never told them of the continuous rejections of Herve Caen's request to post something to the tune that Fallout MMO is being worked on.

And then they complain as to why deals of financing were not being announced? Well, If I were Interplay and I could not even post a Fallout MMO font let alone a press release would I put out a press release for funding of the game I have no right to tell anyone about because they want to protect their brand to the point that they will take away my right to make the game so the two years are up and I forfeit that right which cannot be done without a 30 day period notice to consider the situation?

Bethesda fired off a letter than the rights have been forfeited without a meeting to discuss the situation as stipulated by the 30 day clause in the joke of an agreement that they cannot get a judge to understand important parts of.


And now they are appealing the injunction because they say their sales are being hurt but could not prove it according to the judge and they are crying foul that they did not put in concretely defined terms as to the method of monetary availability and ore full development in their APA contract with Interplay.

We're going to release the court transcripts piece meal not only to enjoy the roasting of Bethesda's arrogant and greedy ways but to also to show their utter contempt to the court, to legal contracts, to the fans, to Interplay and to the truth.

What is to tell us that they have not already been working on Fallout MMO themselves prior to April 30th 2009 thinking they had themselves a layup in their being overconfident in thinking that Interplay was going to fall on their faces as far as obtaining financing when they could not clearly prove to the Judge that Interplay's financial deals financiers were not in the work or still in the work provided that Bethesda allows Interplay to say that they are working on the game with part of the work being contracted to Masthead as they are allowed to hire contractors and not give them rights to the game as stated by Bethesda CCO Leder in his deposition?

Their 7 lawyers were amateurish enough not to have clearly defined terms that are easily explainable and unquestioned in a court of law.

Now they hire this steptoe firm thinking that will allow them to change the testimony that's already in place and the clear indication from the judge that the contract's pivotal points that Bethesda is arguing are vague at best and confusing at worst.

All they had to do was write up a clear document with clearly defined terms of financing and even stipulated games that can and can't be sold and in what form whether digital or physical or both but I guess what amounts to lawyer 101 can be ignored if you are very close to the seat of vanity that is Washington D.C.

I warned them not to do this, not to go to court and now Interplay's lawyer and the judge exposed the flaws in their case.

I have a history of having the people who do not listen to my prophetic warnings end up with egg on their face or feeling sorry for years. It's a little Cassandra principle thing that I've picked up.

It's time to step on a few steptoes to see which is worse, sitting on fences or stepping on steptoes.

There is so much more that Fallout fans do not know about but will in ways agonizing to Bethesda.
User avatar
Dr.Xen
Vault Dweller
Vault Dweller
Posts: 117
Joined: Wed Nov 18, 2009 12:33 pm
Location: Shenzhen
Contact:

Re: Bethesda likes sitting on fences to squeeze a bit.

Post by Dr.Xen »

orionquest wrote:It's within their right to appeal and I'm sure the already overloaded judge is going to be overjoyed to continue hearing how the word "trilogy" .....
And you are...?
Hurdy gurdy, hurdy gurdy, hurdy gurdy, gurdy he sang.
Hurdy gurdy, hurdy gurdy, hurdy gurdy, gurdy he sang.
Hurdy gurdy, hurdy gurdy, hurdy gurdy, gurdy he sang.
User avatar
Morbus
SDF!
SDF!
Posts: 4
Joined: Fri Dec 29, 2006 10:22 pm
Location: Porto, Portugal
Contact:

Post by Morbus »

Interplay's guardian angle. But he makes some points.
Image
User avatar
Ausir
The Vault Overseer
The Vault Overseer
Posts: 1272
Joined: Mon Apr 22, 2002 1:58 pm
Location: Poland
Contact:

Post by Ausir »

Orionquest is one of Interplay's shareholders.
User avatar
VasikkA
No more Tuna
No more Tuna
Posts: 8703
Joined: Sat Jun 15, 2002 6:14 pm

Post by VasikkA »

Ausir wrote:Orionquest is one of Interplay's shareholders.
My condolences, then.
User avatar
orionquest
Scarf-wearing n00b
Scarf-wearing n00b
Posts: 35
Joined: Fri Jan 08, 2010 8:51 am

Post by orionquest »

VasikkA wrote:
Ausir wrote:Orionquest is one of Interplay's shareholders.
My condolences, then.
I welcome your stiff upper lipped mockery but there are standards that must be met.

Therefore, I demand that minimal and by that I mean higher than "Fallout 3" like standards of creativity be met in your derision in order to alleviate the painful boredom that results from reading intellectually vacuous one liner retorts.

Otherwise, I'll release 218 pages of headache causing court transcripts that will cause an overheat then a head crash of your brain's hard drive but judging from your reply, I do not venture that you have the internal fortitude to actually read them.

That is why we have this game that will assist in the attenuation of your brain matter. Let's go to the game aisle.

There you will find:

The Alec Baldwin impersonating Bethesda VP of sales lying in wait to hulu your brain matter in exchange for thin air printed/backed by nothing monetary units we call federal reserve notes.

Now scurry along. There are sales to be made and sheeple to subjugate.
User avatar
King of Creation
Righteous Subjugator
Righteous Subjugator
Posts: 5103
Joined: Sat Dec 20, 2003 3:00 pm
Contact:

Post by King of Creation »

This is why I love orionquest. He's like 4too, but a bit more lucid.

Also, hurry up and send me those transcripts D:
<a href="http://www.duckandcover.cx">Duck and Cover: THE Site for all of your Fallout needs since 1998</a>
User avatar
orionquest
Scarf-wearing n00b
Scarf-wearing n00b
Posts: 35
Joined: Fri Jan 08, 2010 8:51 am

Post by orionquest »

King of Creation wrote:This is why I love orionquest. He's like 4too, but a bit more lucid.

Also, hurry up and send me those transcripts D:
as much as I'd love to release the 218 pages of court transcripts, I'd like for Interplay's stock price to remain low and off the radar in a Nathaniel "Rotty" Rothschild a tweety message bird let me know 'bout Napoleon's Waterloo kind of way, winky winky slinky dinky.

http://www.vo2ov.com/The-House-of-Roths ... 16702.html

See, among other projects, I have a unique idea for a role playing game but I need a certain commodity to manifest my idea into the reality of this monetary enslavement of the populace realm.

In GOD we trust, all else pay cash on a "Dark City" barrel head. :lalala:
User avatar
SenisterDenister
Haha you're still not there yet
Haha you're still not there yet
Posts: 3478
Joined: Mon Apr 23, 2007 3:03 pm
Location: Cackalackyland

Post by SenisterDenister »

A Dark City RPG? How come that's never been done before?
User avatar
Dr.Xen
Vault Dweller
Vault Dweller
Posts: 117
Joined: Wed Nov 18, 2009 12:33 pm
Location: Shenzhen
Contact:

Post by Dr.Xen »

Dark City? The 98's film?
Hurdy gurdy, hurdy gurdy, hurdy gurdy, gurdy he sang.
Hurdy gurdy, hurdy gurdy, hurdy gurdy, gurdy he sang.
Hurdy gurdy, hurdy gurdy, hurdy gurdy, gurdy he sang.
User avatar
VasikkA
No more Tuna
No more Tuna
Posts: 8703
Joined: Sat Jun 15, 2002 6:14 pm

Post by VasikkA »

orionquest wrote:as much as I'd love to release the 218 pages of court transcripts, I'd like for Interplay's stock price to remain low and off the radar in a Nathaniel "Rotty" Rothschild a tweety message bird let me know 'bout Napoleon's Waterloo kind of way, winky winky slinky dinky.
That first part of your plan should be of no problem, but in order to capitalize on those tweets there'd actually have to be outside interest to purchase the stock, winky dinky.
See, among other projects, I have a unique idea for a role playing game but I need a certain commodity to manifest my idea into the reality of this monetary enslavement of the populace realm.
By accumulating stock in a company that has produced nothing but SEC filings in the last 5+ years?
User avatar
orionquest
Scarf-wearing n00b
Scarf-wearing n00b
Posts: 35
Joined: Fri Jan 08, 2010 8:51 am

Post by orionquest »

VasikkA wrote:
orionquest wrote:as much as I'd love to release the 218 pages of court transcripts, I'd like for Interplay's stock price to remain low and off the radar in a Nathaniel "Rotty" Rothschild a tweety message bird let me know 'bout Napoleon's Waterloo kind of way, winky winky slinky dinky.
That first part of your plan should be of no problem, but in order to capitalize on those tweets there'd actually have to be outside interest to purchase the stock, winky dinky.
See, among other projects, I have a unique idea for a role playing game but I need a certain commodity to manifest my idea into the reality of this monetary enslavement of the populace realm.
By accumulating stock in a company that has produced nothing but SEC filings in the last 5+ years?
1) You completely missed the reference about what I meant about the "tweety" part :hahano:

You'd have to put in some effort and watch the movie to understand it's about a "tweety bird" and not twitter.

2) Like I said, you can keep mocking but it's banally obvious :? that we will not be getting some humorously inventive mocks from your highness.

I ain't wasting my weekend waiting for you to get a creative spark.

Pigs shall fly to intercept the falling manna from Heaven before that happens and even bracing icy conditions is less painful than getting bored to death by the funny bone challenged.

But do wish me some schadenfreudIAL slips as I go about on the ice while feeling your heart's darkened intent before the thought comes into your brain. Check with the Matrix's cookie baking Oracle to get around that hulufied noodle.

Cia for now :chick:
User avatar
VasikkA
No more Tuna
No more Tuna
Posts: 8703
Joined: Sat Jun 15, 2002 6:14 pm

Post by VasikkA »

orionquest wrote:You'd have to put in some effort and watch the movie to understand it's about a "tweety bird" and not twitter.
Then again, I prefer the 1940 version.
2) Like I said, you can keep mocking but it's banally obvious :? that we will not be getting some humorously inventive mocks from your highness.

I ain't wasting my weekend waiting for you to get a creative spark.
Butthurt so soon? Relax, we all make bad investments sometimes. Of course, mine doesn't involve the Herv.
User avatar
orionquest
Scarf-wearing n00b
Scarf-wearing n00b
Posts: 35
Joined: Fri Jan 08, 2010 8:51 am

Post by orionquest »

VasikkA wrote:
orionquest wrote:You'd have to put in some effort and watch the movie to understand it's about a "tweety bird" and not twitter.
Then again, I prefer the 1940 version.
2) Like I said, you can keep mocking but it's banally obvious :? that we will not be getting some humorously inventive mocks from your highness.

I ain't wasting my weekend waiting for you to get a creative spark.
Butthurt so soon? Relax, we all make bad investments sometimes. Of course, mine doesn't involve the Herv.
Your reply is rather funny, but not because it's humorous or original.

If you actually understood what I said :? :? , I had cryptically hinted at the type of retort you would come back with.

Now again, you should go check with the Matrixfied Oracle as to why I was able to predict that you were going to make a banal statement in replying to me.

(the insipid meaning of banal: lacking originality, freshness, or novelty )

If there is another reply from your superiority duplex, there is a high probability I know which path it shall take.

Adiós muchacho.
:chick:
User avatar
Dogmeatlives
Living Legend
Living Legend
Posts: 3193
Joined: Mon Feb 27, 2006 5:35 am
Location: Junktown, Phil's doorstep

Post by Dogmeatlives »

what the hell is going on in here?!
Wasteland Radio, with Charlie C.
User avatar
Dr.Xen
Vault Dweller
Vault Dweller
Posts: 117
Joined: Wed Nov 18, 2009 12:33 pm
Location: Shenzhen
Contact:

Post by Dr.Xen »

I guess it's the ultimate counterattack from a "noneedtobearitanymore" Interplay shareholder.
Hurdy gurdy, hurdy gurdy, hurdy gurdy, gurdy he sang.
Hurdy gurdy, hurdy gurdy, hurdy gurdy, gurdy he sang.
Hurdy gurdy, hurdy gurdy, hurdy gurdy, gurdy he sang.
User avatar
Frater Perdurabo
Paragon
Paragon
Posts: 2427
Joined: Mon Jun 05, 2006 11:51 am
Location: Võro

Post by Frater Perdurabo »

Get off your high horse, sheesh.
User avatar
jetbaby
Mamma's Gang member
Mamma's Gang member
Posts: 4186
Joined: Sun Jan 18, 2004 11:32 pm
Location: Magical Island

Post by jetbaby »

You're quite the one to talk, Frater

http://www.duckandcover.cx/forums/viewt ... 1&start=20
off topic? OMG YOU'VE BEEN CENSORED... yet you're still posting. MYSTARY!!!!

Duck and Cover: THE site for all your Fallout needs
User avatar
VasikkA
No more Tuna
No more Tuna
Posts: 8703
Joined: Sat Jun 15, 2002 6:14 pm

Post by VasikkA »

orionquest wrote:Your reply is rather funny, but not because it's humorous or original.
Well, compared to the fact that you're an IPLY shareholder and a rather hopeful one, which I think is pretty fucking hilarious, my responses do feel a bit vapid. I don't think I can ever top that delusionary comment about a N.M. Rothschild-like manouver in response to releasing court transcripts.

Because it's obvious that I struck a soft spot, feel free to elaborate on your line of reasoning. Even in a favorable outcome in the proceedings, Interplay will merely achieve status quo; that is, continuing to develop vaporware, screwing its stakeholders and living off the royalties of the 'Fallout trilogy'. There are no other beneficiaries in this case other than Herve.
Our Host!
Post Reply