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King of Creation
Righteous Subjugator
Righteous Subjugator


Joined: 20 Dec 2003
Posts: 5103

PostPosted: Sat Jan 15, 2011 7:16 am Reply with quoteBack to top

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

A few days ago, we reported that Bethesda was countering Interplay's counter of a motion by Bethesda which sought to limit Interplay's use of the Fallout license to only the name. Bethesda claimed that Interplay, when the original deals were signed selling the Fallout IP to Bethesda, only reserved the right to make a Fallout MMO in name only - the rest of the IP/universe (ie. Supermutants, Brotherhood of Steel, Vaults, etc) could not be used. This motion has been denied, and, as one Interplay insider put it, was "laughed out of court." Here is the full text of the denial:

Motion Hearing held on 1/14/2011 re [93] PARTIAL MOTION to Dismiss Counts I and II of Interplay's Amended Counterclaim filed by Bethesda Softworks LLC - Argued - "DENIED"; Interplay Entertainment Corporation has until February 7, 2011 within which to Comply with the Court's Ruling on Plaintiff's [70] Motion to Compel which was entered on 1/13/2011 (Paper No. 97); and the Parties will jointly advise the Court of any discovery disputes by March 1, 2011, all as stated on the record by Chief Judge Deborah K. Chasanow. (FTR - Derro - 2B) (td, Deputy Clerk)

Our source further speculated on what course the court battle might take:

At issue, will likely be the situation of Masthead saying that they are funding 20 million and I2G saying that they are funding 15 million, but it seems the money isn't all available up front but rather through the course of development. Bethesda argues that Interplay needed a 30 million line of credit up front to meet the contract. Interplay is saying, "No. it is just that we have to spend 30 million on the game through the course of development and have in place deals by the due date that will allow for this eventuality."

Be sure to check out the wiki page detailing the background Interplay v. Bethesda battle if you've forgotten what has led up to this point.

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SenisterDenister
Living Legend
Living Legend


Joined: 23 Apr 2007
Posts: 3033
Location: Cackalackyland

PostPosted: Sat Jan 15, 2011 8:50 am Reply with quoteBack to top

And not a single fuck was given.
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Yonmanc
Hero of the Glowing Lands
Hero of the Glowing Lands


Joined: 23 Jun 2009
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Location: Manchester, UK

PostPosted: Sat Jan 15, 2011 5:14 pm Reply with quoteBack to top

I gave one icon_sad
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Retlaw83
Goatse Messiah
Goatse Messiah


Joined: 17 Jul 2004
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PostPosted: Sat Jan 15, 2011 5:45 pm Reply with quoteBack to top

This is pretty significant.

I see Bethesda thought out their legal strategy with the same skill they made Fallout 3's plot.
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Alister McFap II Esq.
Jerry Falwell
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Joined: 12 Nov 2010
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PostPosted: Sun Jan 16, 2011 3:13 am Reply with quoteBack to top

Retlaw83 wrote:
This is pretty significant.

I see Bethesda thought out their legal strategy with the same skill they made Fallout 3's plot.


AKA throw random shit at people, see what happens and hope for the best? icon_confused2
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Wolfman Walt
Mamma's Gang member
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Joined: 15 Mar 2003
Posts: 5171
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PostPosted: Sun Jan 16, 2011 4:03 am Reply with quoteBack to top

Alister McFap II Esq. wrote:
Retlaw83 wrote:
This is pretty significant.

I see Bethesda thought out their legal strategy with the same skill they made Fallout 3's plot.


AKA throw random shit at people, see what happens and hope for the best? :?


I figured it was more like, "Copy everyone else's work, but somehow make it worse."
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hoochimama
Respected
Respected


Joined: 30 Dec 2004
Posts: 79

PostPosted: Sun Jan 16, 2011 10:00 pm Reply with quoteBack to top

2382 wrote:
At issue, will likely be the situation of Masthead saying that they are funding 20 million and I2G saying that they are funding 15 million, but it seems the money isn't all available up front but rather through the course of development. Bethesda argues that Interplay needed a 30 million line of credit up front to meet the contract. Interplay is saying, "No. it is just that we have to spend 30 million on the game through the course of development and have in place deals by the due date that will allow for this eventuality.


No software house that I know of gets paid the total sum upfront, it's typically a much smaller % upfront and then through milestones, so that neither developer nor investor are ever down too much money.

Otherwise, claiming that 30 million would only be the initial payment, which would put the expected total funding at 9 digits, is even more absurd.
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Cimmerian Nights
Striding Hero
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Joined: 20 Aug 2004
Posts: 1367
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PostPosted: Mon Jan 17, 2011 4:59 pm Reply with quoteBack to top

Who the fuck in their right mind would front Herve & Interplay 30M anyway?
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