Bethesda appealing the ruling

Posted: Fri Jan 08, 2010 7:42 am

[ Company -> Update ] - More info on Company: Bethesda v. Interplay

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.

Notice of Appeal

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.

In addition, the lawyers have officially withdrawn DLA Piper, Bethesda's previous lawfirm, from the proceedings. We'll keep an eye on this one!

Posted: Fri Jan 08, 2010 9:12 am

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.

Posted: Fri Jan 08, 2010 10:24 am

And you are...?

Posted: Fri Jan 08, 2010 11:36 am

Interplay's guardian angle. But he makes some points.

Posted: Fri Jan 08, 2010 3:46 pm

Orionquest is one of Interplay's shareholders.

Posted: Fri Jan 08, 2010 3:55 pm

My condolences, then.

Posted: Fri Jan 08, 2010 5:36 pm

My condolences, then.

Posted: Fri Jan 08, 2010 6:16 pm

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

Also, hurry up and send me those transcripts tard

Posted: Fri Jan 08, 2010 7:27 pm

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-Rothschild-1934-_116702.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. icon_lalala

Posted: Fri Jan 08, 2010 7:58 pm

A Dark City RPG? How come that's never been done before?

Posted: Fri Jan 08, 2010 8:43 pm

Dark City? The 98's film?

Posted: Fri Jan 08, 2010 9:54 pm

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.

Posted: Fri Jan 08, 2010 10:46 pm

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.

Posted: Sat Jan 09, 2010 9:44 am

Then again, I prefer the 1940 version.

Posted: Sun Jan 10, 2010 12:23 am

Then again, I prefer the 1940 version.

Posted: Sun Jan 10, 2010 12:37 am

what the hell is going on in here?!

Posted: Sun Jan 10, 2010 12:43 am

I guess it's the ultimate counterattack from a "noneedtobearitanymore" Interplay shareholder.

Posted: Sun Jan 10, 2010 2:40 am

Get off your high horse, sheesh.

Posted: Sun Jan 10, 2010 3:23 am

You're quite the one to talk, Frater

http://www.duckandcover.cx/forums/viewtopic.php?t=23521&start=20

Posted: Sun Jan 10, 2010 1:09 pm

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.