Bethesda Sues, Interplay Wins


[originally written by me for GamesPoint.]  
[original article I wrote can be found here.]
 

A while ago, Bethesda sent Interplay to court to stop them from selling the original Fallout trilogy and to stop them from producing a Fallout MMO. How did it all work out? Find out in this article.

Bethesda sent Interplay to court asking that it stops marketing and selling the original Fallout trilogy and to hand over the developing rights and any work done so far on the upcoming MMO spin-off of the Fallout franchise, working title’d Project V13.

Today, court documents reveal that the judge has ruled in the favour of Interplay, allowing them permission to continue developing Project V13, and to continue publishing the original Fallout trilogy, seperately and as a trilogy-pack.

There is no word if  Bethesda will appeal against the decision or not. We at GamesPoint will keep you up-to-date if anything happens.

 

So what do you think? Comment on it, duders.

76 Comments
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Posted by harrypmgaga

[originally written by me for GamesPoint.]  
[original article I wrote can be found here.]
 

A while ago, Bethesda sent Interplay to court to stop them from selling the original Fallout trilogy and to stop them from producing a Fallout MMO. How did it all work out? Find out in this article.

Bethesda sent Interplay to court asking that it stops marketing and selling the original Fallout trilogy and to hand over the developing rights and any work done so far on the upcoming MMO spin-off of the Fallout franchise, working title’d Project V13.

Today, court documents reveal that the judge has ruled in the favour of Interplay, allowing them permission to continue developing Project V13, and to continue publishing the original Fallout trilogy, seperately and as a trilogy-pack.

There is no word if  Bethesda will appeal against the decision or not. We at GamesPoint will keep you up-to-date if anything happens.

 

So what do you think? Comment on it, duders.

Posted by Lestater

This is victory.

Posted by harrypmgaga

Correction: 
epic victory.

Edited by Evilsbane

 Didn't see that coming.
 
Edit: No sarcasm, really didn't see that coming.

Posted by MysteriousBob

The Fallout 1/2 fanboys are going to have a field day.

Posted by Cerza
@Evilsbane said:
"  Didn't see that coming.  Edit: No sarcasm, really didn't see that coming. "
ditto
Posted by harrypmgaga
@Evilsbane:
Indeed. Was very much out of the blue. Would've put my money on Bethesda. 
 
Whatever happens, both company's make epic games in their own rights.
Edited by Mooshu

I think Bethesda was being rather childish here. They clearly didn't have rights to the older games, or the MMO. They simply had the rights to make future games in the franchise. No clue what made them think differently.

Posted by harrypmgaga

Yeah, clearly a case of the greedy-guts.
Posted by L33tfella_H

i wouldn't have thought much of this if there had been proper reason, but apparentaly they thought the fallout 1/2/tactics/Collection stuff was in direct competition with Fallout 3.
 
Really?
 
I'm sure people are gonna drop some legal bullshit on me and how they should've done this and yadda yadda, but you know what?
 
Dick move.

Posted by DragoonKain1687

I really hope Bethesda gets their asses sued.

Posted by harrypmgaga

Apparently they claimed that people would get confused between the original Fallout series and the new Fallout 3-style series.
Posted by Stonyman65

Awesome.   I miss Interplay.
 Fuck Bethesda, Fallout 3 was horrible. 
And for those of you who say otherwise, it's probably because you never played the first two until you heard about the 3rd one.
Back in the day Fallout was THE SHIT.

Posted by 10MP

Bethesda didn't do a good job with fallout 3, so if someone does get confused and buys the older fallout at least they're getting the better game.

Posted by Scooper

I think it's good that the original developers that made Fallout a classic can keep making money on whatever (can't imagian much at all) sales from the first couple games and put it towards an MMo which I'd be very interested in playing.

Posted by HitmanAgent47

I'm glad bethesda lost, they are being greedy and the underdog of the case won.

Posted by harrypmgaga
@Stonyman65:
I'd have to disagree. I've played all the original Fallout games growing up, and after playing Fallout 3, unfortunately would have to say that Fallout 3 is the winner imo. That's just my 2c though.
Posted by L33tfella_H
@harrypmgaga: As a big fan of Fallout, i thought 3 was pretty ok, i did play it for well over 100 hours to show a testament of how much i liked it, but it kinda dissapointed me when compared to the older games...maybe it's just nostalgia, or maybe i'm just too cynical these days, but that's my thoughts on it.
Posted by harrypmgaga
@L33tfella_H:
Meh, to each his own is what I like to say.  I never really got into the original for the simple fact that it's just not my type of game if you know what I mean.
Posted by L33tfella_H
@harrypmgaga: it's definently not for everyone, i've witnessed it many a time with my friends.
Posted by harrypmgaga
@L33tfella_H:
Yeah I totally understand.
Edited by Phished0ne

YAAY! this makes me happy, as Beth. has been dicking Interplay around for a long time.    
 
@harrypmgaga: Since you didnt link directly to the article, did it say anything about a ruling on the counter-suit about Beth blocking Interplay's sale of Re-releases of the original games/ the claim beth sent emails to Good Old Games about "interplay no longer having rights to the old fallout games"? 
 
disregard that, i cant read..:(

Posted by xionpunk

I thought Fallout 3 was great actually. I missed the original games, so I guess I can't compare, but it looks like Bethesda modernized the series in a great way. 

Posted by harrypmgaga
@Phished0ne:
For the sake of doing it, I also just linked to the exact article.
Posted by Capum15

Wait wait wait, B was suing the original creators? If so, then the phrase "What the fuck?" comes to mind. And the word "Dicks."
 
Meh, I liked Fallout 3, especially with mods.

Edited by PureRok
@Stonyman65 said:

" Awesome.   I miss Interplay.  Fuck Bethesda, Fallout 3 was horrible.  And for those of you who say otherwise, it's probably because you never played the first two until you heard about the 3rd one. Back in the day Fallout was THE SHIT. "

I played the first two Fallouts before Fallout 3 was announced, and Fallout 3 was great, and the first two were kind of meh.
Posted by harrypmgaga


@Capum15:


Yeah, I kow. Greedy nubs, I did enjoy Bethesda's games though.  
 
@PureRok:

Totally agree 

Edited by august
@harrypmgaga: 
 
Your article is rather abysmal. It falis to give any real background as to the complaints in the lawsuit. It also fails to communicate that this is a rejection of a preliminary injunction to stop Interplay from selling the Fallout Trilogy Pack before the lawsuit even goes forward. The lawsuit is still ongoing. 
 
Next time I would suggest perhaps plagarizing from someone who knows what they're talking about.
Edited by harrypmgaga
@august: 
 
I'm sorry you didn't like the quality of the article. As is normal on the internet people will try to bring down other people's work and we cannot conform to everyone's standards. We weren't going for any of the complete details, just something simple that most people would be willing to read and then go on and do their own thing. 
 
As for the plagarizing, I don't know what you're talking about, I wrote this article completely originally and by myself.
Posted by august

I wasn't suggesting you actually plagarized. Just that it would be an improvement over articles that cut out so much they actually serve as disinformation. You have people in this very thread who are under the impression that Interplay has won the lawsuit.
Posted by august

Although "cut" suggests that you knew what you were talking about enough to cut something, which I'm guessing you didn't.
Edited by harrypmgaga
@august:
You've just shed some light on the matter. The information we received we (believe it or not) got it off Bethesda themselves, so we would've thought that they know what was going on as it was their lawsuit.  I had no idea that this is still ongoing. Bethesda worded it as if they'd totally lost the lawsuit.
 
Thank you for letting me know and I'll try and figure out this US law jargon to fix up the article.  
 
Yes, at the moment we thought we knew what we were talking about. We have now leaned differently.
Posted by august

Alright then, sorry for being so snarky about it. Usually when it comes to Fallout lawsuit stories a lot of people have crazy agendas to push and I assumed you were the same.
Edited by cinemandrew

 The problem Bethesda had was that, first of all, Interplay did not meet the requirements detailed in the re-licensing deal they made for the MMO. They were supposed to get funding, and line up a developer by a certain date, and they failed to accomplish both. They did manage to find a developer after the deadline, but they still didn't live up to their end of the bargain. As for the Fallout Trilogy bundle, Bethesda's argument is that unsuspecting consumers will be duped into thinking this bundle includes Fallout 1, 2, and 3 (it actually includes 1, 2, and Tactics). They're not claiming that Interplay has no right to sell the Fallout games they created. There are plenty of people out there who never heard of Fallout until #3 came out. Most of them are probably unaware of the other games in the series, and could easily be confused into believing that a "Trilogy" pack includes the latest game. To me it looks an awful lot like Interplay was trying to cash in on the success of the recent game, and it's naive to think that they had no idea that branding their bundle as the "Fallout Trilogy" would be in any way confusing. Maybe Bethesda is being a little unreasonable with their reaction to the whole MMO situation (It doesn't appear that they even bothered to renegotiate the terms), but they're just trying to protect their asset. If they believe that Interplay is not living up to their standards, and thereby harming the fallout name, of course they would want to put a stop to it.

By the way, I'm not saying that Fallout 3 is a superior game to the first 2. I've played all 3 and enjoyed them all. However, as a business owner myself, I can understand the need to protect one's assets. I certainly wouldn't want to hire an independent contractor to do some work for me if I had any indication that they would make me, or my company look bad. Fallout is now Bethesda's IP, and a bad Fallout game, whether it's published by them, or licensed to someone like Interplay, is going to hurt people's opinion of any future Fallout games. Most people don't pay a lot of attention to developers and publishers like we do. They just know the franchise.

Posted by harrypmgaga
@august:
No worries, again, thanks for letting us know.
Posted by Stonyman65
@PureRok:  I can see where you're going with that... I just have a problem with how the pretty much took everything from the old games (like the humor and the refrences to movies and pop culture) and just left it out. What made to original games so good has nothing to do with the new games.  As an FPS Fallout 3 is great, but the classic RPG elements are pretty much gone besides the SPECIAL system and customization..   I just think it would have been much better if they didn't stray from their roots.
Posted by VilhelmNielsen
@MysteriousBob said:
" The Fallout 1/2 fanboys are going to have a field day. "
Yeah we are!
Posted by Vinchenzo

I think it's crazy the amount of name dropping you did in your post. Especially for the minimal worth of content you wrote in the article.

Posted by harrypmgaga
@Vinchenzo:

This was a mini-article. We weren't looking for a page full of content. A lot of our readers have continually e-mailed and asked us to make our articles more compact and easier to read.  
 
Hence why we have a rating system in our reviews, people just want the score and don't care about the text. If it were me I would've gotten rid of it ages ago.
Posted by Akeldama

Good on em

Online
Posted by Phished0ne
@cinemandrew said:
"  As for the Fallout Trilogy bundle, Bethesda's argument is that unsuspecting consumers will be duped into thinking this bundle includes Fallout 1, 2, and 3 (it actually includes 1, 2, and Tactics). They're not claiming that Interplay has no right to sell the Fallout games they created.  "
I dont know,  Interplay said that  Bethesda Sent emails to places like Good Old Games saying that Interplay no longer had the rights to the games. 
 
As or the "unsuspecting consumers" thing  it would be a valid argument, if Bethesda held up their end of the agreement and  okayed things like the box-art for the bundle.  Interplay was arguing that they sent  box art and such to Bethesda so they could see if it looked to much like the Fallout 3 Box Art, and that Bethesda basically let the art sit there, effectively blocking Interplay from selling games they had the right to.
Edited by ryanwho

You could make an argument that the MMO will weaken the brand, but preventing sales of 1, 2 and Tactics was just petty. It says the names of the games ON THE BOX, so what Bethesda's really saying is they think Fallout 3 fans are utterly stupid.

Posted by august

It's equally possible that Interplay is full of shit, seeing as how it's been a bankrupt joke run by crooks for a while now.

Posted by ryanwho

Crooks don't go bankrupt, character.

Posted by august
@ryanwho said:
"Crooks don't go bankrupt, character. "

Good ones don't.
Posted by Slippy

Now watch as Interplay take 5 years to actually finish it.

Posted by cinemandrew
@Phished0ne: Interesting. Thanks for bringing that up, I hadn't heard that until now. Still, what would Bethesda really have to gain from preventing Interplay from selling their games. Aside from the bundle confusion issue, I doubt they have any real worry of Interplay taking any of their business. Unless the folks at Bethesda are just being assholes for the sake of being assholes, which seems unlikely, it leads me to believe that Interplay's claims may be a last attempt at salvaging what little they have left. It's difficult to say who's right here. They're both saying contradictory things, and although it's easy to root for the underdog, they're not always the good guys. Hopefully they can come to a mutual agreement. It's would be a shame if the Interplay guys never got to make another Fallout game. I loved the new game, sure, but the old games had a wonderful sense of humor and tone that just wasn't apparent in the latest installment.
Posted by natetodamax

Interplay developed the first two, didn't they? If so, they deserved to win. You can't sue a company for selling a product they made.

Posted by ryanwho
@august said:
" @ryanwho said:
"Crooks don't go bankrupt, character. "
Good ones don't. "
Their story is basically the same one SE had. All the talent left (Black Isle, Shiny) but they couldn't take the IPs that those dudes started and keep the momentum up. You're right, they're not great crooks compared to other companies entirely funded by ideas from people who don't even work there anymore.
Edited by NickL
@harrypmgaga said:

"
Apparently they claimed that people would get confused between the original Fallout series and the new Fallout 3-style series. "

Be honest now. They are selling a product known as fallout trilogy that doesn't contain fallout 3, and you think people are not going to get confused?
 
i can see many parents going "oh my kid wanted that fallout 3 game, but here is something called fallout trilogy for cheaper, thats the whole trilogy so it must contain fallout 3! (im guessing its cheaper i dont actually know price)
 
i can 100% see my mom doing something like that so dont tell me its wrong
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