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 Interplay vs. Bethesda Clarification View next topic
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King of Creation
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PostPosted: Thu Oct 22, 2009 3:49 pm Reply with quoteBack to top

[ Company -> Update ] - More info on Company: Bethesda Softworks | More info on Company: Interplay

Interplay has filed an 8-K form with the SEC clarifying the problems surrounding their arrangement with Bethesda. Read it for yourself:

On October 16, 2009, Interplay Entertainment Corp. (“Interplay”) answered the lawsuit filed by Bethesda Softworks LLC (“Bethesda”) in the United States District Court for the District of Maryland on September 8, 2009. In conjunction with its Answer, Interplay asserted Counter-Claims against Bethesda seeking affirmative relief, including for Breach of Contract, Declaratory Judgment, and other relief. Interplay alleges Bethesda breached the terms of Asset Purchase Agreement related to the sale of the FALLOUT® intellectual property to Bethesda.

Interplay’s counter-suit alleges that Bethesda interfered with Interplay’s business, including distribution of the previously released FALLOUT ®, FALLOUT® 2, and FALLOUT® Tactics games, by attempting to terminate Interplay’s distribution rights, among other acts. Interplay asks the Court to decide whether Bethesda’s attempt to terminate Interplay’s rights under the Asset Purchase Agreement results in nullification of the entire contract such that the Parties should be returned to the status quo under their former Exclusive Licensing Agreement. If the Exclusive Licensing Agreement is restored, Bethesda may owe royalties based upon sales of its FALLOUT ® 3 title. Interplay also seeks a declaration from the Court that it has not infringed upon the FALLOUT® mark and that it has satisfied the terms of a Trademark Licensing Agreement it signed with Bethesda related to Interplay’s production of a massively-multiplayer online game.

For its part, Bethesda seeks to cancel the Trademark License Agreement, which conditionally allows Interplay to use the FALLOUT ® brand in conjunction with its currently-in-production massively multiplayer online game. Bethesda claims that Interplay breached the trademark license agreement because it allegedly failed to commence full scale development and satisfy a funding requirement within a specified time frame. Bethesda also seeks to terminate Interplay’s rights with respect to Interplay’s distribution of the FALLOUT® back catalog of games. Interplay disputes these allegations. Although the potential damages are currently unknown, if Bethesda ultimately prevails, Bethesda could obtain a damages award and cancel the trademark license agreement. Interplay could lose its license to use the FALLOUT® brand with respect to its massively multiplayer online game, and also its right to distribute the pre-existing FALLOUT® titles.

I can't really comment on the lawsuit beyond my limited knowledge of their original contract, but from what everyone said at the time, Interplay sold absolutely everything to Bethesda except for the MMO deal. If only someone would email me the original contract......

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MR Snake
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PostPosted: Thu Oct 22, 2009 4:41 pm Reply with quoteBack to top

If Interplay would actually get royalities for Fallout 3 than that is that, Interplay is back in business.
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SenisterDenister
250 Posts til Somewhere
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PostPosted: Thu Oct 22, 2009 4:59 pm Reply with quoteBack to top

Well shit.
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Wolfman Walt
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PostPosted: Thu Oct 22, 2009 7:09 pm Reply with quoteBack to top

If this works, and that's a big if, I might have to take back my opinion of Herve being the world's biggest moron.
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VasikkA
No more Tuna
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PostPosted: Thu Oct 22, 2009 7:46 pm Reply with quoteBack to top

Since when did Interplay change their main line of business from fabricating bogus financial statements to the glamorous trade of suing and countersuing? icon_confused2
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Ausir
The Vault Overseer
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Joined: 22 Apr 2002
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PostPosted: Fri Oct 23, 2009 12:25 am Reply with quoteBack to top

Quote:
I can't really comment on the lawsuit beyond my limited knowledge of their original contract, but from what everyone said at the time, Interplay sold absolutely everything to Bethesda except for the MMO deal. If only someone would email me the original contract......


http://fallout.wikia.com/wiki/Trademark_License_Agreement
http://fallout.wikia.com/wiki/Asset_Purchase_Agreement
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Megatron
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PostPosted: Fri Oct 23, 2009 12:26 am Reply with quoteBack to top

By gamers. For gamers.

C.R.EA.MN
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King of Creation
Righteous Subjugator
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Joined: 20 Dec 2003
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PostPosted: Fri Oct 23, 2009 6:09 am Reply with quoteBack to top

Ausir wrote:
Quote:
I can't really comment on the lawsuit beyond my limited knowledge of their original contract, but from what everyone said at the time, Interplay sold absolutely everything to Bethesda except for the MMO deal. If only someone would email me the original contract......


http://fallout.wikia.com/wiki/Trademark_License_Agreement
http://fallout.wikia.com/wiki/Asset_Purchase_Agreement


Right, didn't know they were public. Cheers
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Ausir
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PostPosted: Fri Oct 23, 2009 4:56 pm Reply with quoteBack to top

Can't find a copy of the 2004 Exlusive Licensing Agreement, though, which could also be useful.
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Manoil
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PostPosted: Fri Oct 23, 2009 7:52 pm Reply with quoteBack to top

In all honesty, litigation drama has never been so... interesting.
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Redeye
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PostPosted: Tue Oct 27, 2009 9:42 am Reply with quoteBack to top

Wolfman Walt wrote:
If this works, and that's a big if, I might have to take back my opinion of Herve being the world's biggest moron.


balls and stupid luck do not make intelligence
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Wolfman Walt
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PostPosted: Tue Oct 27, 2009 9:45 am Reply with quoteBack to top

Redeye wrote:
Wolfman Walt wrote:
If this works, and that's a big if, I might have to take back my opinion of Herve being the world's biggest moron.


balls and stupid luck does not make intelligence


No, but you have to admit that this seems just ABIT too well planned for it to be random luck. I don't believe in coincidence and it's not coincidence that Interplay starts marketing the "FALLOUT TRILOGY" to capitalize on Fallout 3's success and then trying to make their whole deal annuled and receive a huge sum of money. It's like Herve's garage is now some sort of League of Injustice and he's a real life Lex Luthor that fails at almost every turn.
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MR Snake
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PostPosted: Tue Oct 27, 2009 5:26 pm Reply with quoteBack to top

Wolfman Walt wrote:
Redeye wrote:
Wolfman Walt wrote:
If this works, and that's a big if, I might have to take back my opinion of Herve being the world's biggest moron.


balls and stupid luck does not make intelligence


No, but you have to admit that this seems just ABIT too well planned for it to be random luck. I don't believe in coincidence and it's not coincidence that Interplay starts marketing the "FALLOUT TRILOGY" to capitalize on Fallout 3's success and then trying to make their whole deal annuled and receive a huge sum of money. It's like Herve's garage is now some sort of League of Injustice and he's a real life Lex Luthor that fails at almost every turn.


I for one am for it. As much as we hate Herve, the fucker knows how to make Fallout right. Bethesda assraped the fallout brand and should have to pay tons of money for doing so. Right? So while there is injustice, there is justice.
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Manoil
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PostPosted: Tue Oct 27, 2009 5:52 pm Reply with quoteBack to top

I just want my Gauss
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VasikkA
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PostPosted: Tue Oct 27, 2009 6:29 pm Reply with quoteBack to top

MR Snake wrote:
As much as we hate Herve, the fucker knows how to make Fallout right.

No.
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MR Snake
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PostPosted: Tue Oct 27, 2009 8:25 pm Reply with quoteBack to top

VasikkA wrote:
MR Snake wrote:
As much as we hate Herve, the fucker knows how to make Fallout right.

No.


yes
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darkknight
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PostPosted: Wed Oct 28, 2009 4:19 am Reply with quoteBack to top

Interplay defeated the preliminary injunction imposed by Bethesda. Interplay also released a bunch of new concept art as part of their legal case for Fallout MMORPG made by Serg. They showed the first picture on their website: Here's the link: http://www.interplay.com/forums/viewforum.php?f=50 Interplay also confirmed that they have Fallout MMORPG already up and running in a demo format.
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Stainless
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Joined: 18 Apr 2002
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PostPosted: Wed Oct 28, 2009 5:15 am Reply with quoteBack to top

MR Snake wrote:
VasikkA wrote:
MR Snake wrote:
As much as we hate Herve, the fucker knows how to make Fallout right.

No.


yes




?
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Amis
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Joined: 20 Jun 2007
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PostPosted: Wed Oct 28, 2009 8:24 am Reply with quoteBack to top

Marketing. A big black guy and a hot redhead chick with guns.
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Wolfman Walt
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PostPosted: Wed Oct 28, 2009 10:17 am Reply with quoteBack to top

Fallout MMO. Herve knows jackshit about making a Fallout game and proved as much as soon as he cancelled Van Buren in favor of trash. Just because we have a more recent evil, doesn't mean we should forget the ones of the past.
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