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harrypmgaga

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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.

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toast_burner

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Edited By toast_burner

i wasnt aware   Bethesda were trying to stop them from selling the first two fallouts. 
thats fucking bullshit fallout 1/2 are much better then fallout 3 which is probally why they were trying to stop them being sold. because  Bethesda know that they are shit in comparison    to the clasics and they dont want more people to realise it.
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toast_burner

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Edited By toast_burner
@natetodamax said:
"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. "

they published it. black isle developed it but interplay owned black isle
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ryanwho

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@NickL said:
" @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 know as fallout trilogy that doesn't contain fallout 3, and you think people are not going to get confused? "
I think they're take the extra 5 seconds to read the rest of the cover, guy. 

No Caption Provided
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Berserker976

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Edited By Berserker976

Seems to be a lot of people thinking Bethesda is being greedy with this lawsuit, when they aren't actually looking to get any money out of it. You can definitely argue that they shouldn't try to stop Interplay from selling the original series, if that is indeed what you think they are doing, but they're not actually trying to get any money out of Interplay. So, I'm not sure where people think greed figures into this, but I thought I'd at least clear up that issue.

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NickL

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Edited By NickL
@ryanwho said:
" @NickL said:
" @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 know as fallout trilogy that doesn't contain fallout 3, and you think people are not going to get confused? "
I think they're take the extra 5 seconds to read the rest of the cover, guy. 

No Caption Provided
"
why do i have to read the cover? it says fallout trilogy, trilogies include 3, fallout 1,2 and 3
 
btw im totally playing devils advocate right now, but i can guarantee you that this has undoubtedly happened to more then a few people not in the know
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ryanwho

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Edited By ryanwho

If they wanted to dissociate with the previous entries they shouldn't have call the 4TH Fallout game Fallout 3. Its just a bite the hand that feeds situation it seems like, like they think they're the ones who made Fallout worth something so they deserve all creative control for anything related to Fallout.

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pause422

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Edited By pause422

All I gotta say is thats pretty funny.

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Edited By august

@toast_burner said:

"i wasnt aware   Bethesda were trying to stop them from selling the first two fallouts. thats fucking bullshit fallout 1/2 are much better then fallout 3 which is probally why they were trying to stop them being sold. because  Bethesda know that they are shit in comparison    to the clasics and they dont want more people to realise it. "


 

I've read this claim multiple times from multiple people, and it just keeps getting stupider.
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ryanwho

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Edited By ryanwho
@NickL said:
" @ryanwho said:
" @NickL said:
" @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 know as fallout trilogy that doesn't contain fallout 3, and you think people are not going to get confused? "
I think they're take the extra 5 seconds to read the rest of the cover, guy. 

No Caption Provided
"
why do i have to read the cover? it says fallout trilogy, trilogies include 3, fallout 1,2 and 3  btw im totally playing devils advocate right now, but i can guarantee you that this has undoubtedly happened to more then a few people not in the know "
It just seems kind of cynical to me. Its not like some mom will walk into a Gamestop and see this and be like "oh, my boy wanted Fallout 3 and here it is!" because no major game retail outlets even sell PC games, really. How stupid do you think people are, I mean really. If you're smart enough to find a store that still sells hardcopies of PC games I think you can crack this egg. Interplay is getting a boost from Bethesda's Fallout 3 by releasing this, there is no doubt, but that's why they sold the IP to begin with. But to presume people would only get this because they think Fallout 3 is in there (which seems to be Bethesda's case) is just preposterous and egocentric imo.
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august

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Edited By august
@ryanwho said:
"If they wanted to dissociate with the previous entries they shouldn't have call the 4TH Fallout game Fallout 3. Its just a bite the hand that feeds situation it seems like, like they think they're the ones who made Fallout worth something so they deserve all creative control for anything related to Fallout. "

It's more like they payed millions of dollars for all creative control for anything related to Fallout.
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cinemandrew

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Edited By cinemandrew
@toast_burner said:

" @natetodamax said:

"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. "

they published it. black isle developed it but interplay owned black isle "  
If I'm not mistaken, Interplay developed and published the first game, then black isle developed the second one, with Interplay publishing again. 
 
@ryanwho
said:

" If they wanted to dissociate with the previous entries they shouldn't have call the 4TH Fallout game Fallout 3. Its just a bite the hand that feeds situation it seems like, like they think they're the ones who made Fallout worth something so they deserve all creative control for anything related to Fallout. "

It's actually the 5th game. Fallout 1, Fallout 2, Fallout Tactics: Brotherhood of Steel, Fallout: Brotherhood of Steel (PS2), and Fallout 3.
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toast_burner

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Edited By toast_burner
@cinemandrew said:
"@toast_burner said:

" @natetodamax said:

"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. "

they published it. black isle developed it but interplay owned black isle "  
If I'm not mistaken, Interplay developed and published the first game, then black isle developed the second one, with Interplay publishing again. 
 
@ryanwho
said:

" If they wanted to dissociate with the previous entries they shouldn't have call the 4TH Fallout game Fallout 3. Its just a bite the hand that feeds situation it seems like, like they think they're the ones who made Fallout worth something so they deserve all creative control for anything related to Fallout. "

It's actually the 5th game. Fallout 1, Fallout 2, Fallout Tactics: Brotherhood of Steel, Fallout: Brotherhood of Steel (PS2), and Fallout 3. "

black isle wernt around untill after fallout 1 but the team who made fallout 1 are the same people who then formed black isle and made fallout 2 
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august

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Edited By august
@ryanwho said:
It just seems kind of cynical to me. Its not like some mom will walk into a Gamestop and see this and be like "oh, my boy wanted Fallout 3 and here it is!" because no major game retail outlets even sell PC games, really. How stupid do you think people are, I mean really. If you're smart enough to find a store that still sells hardcopies of PC games I think you can crack this egg.
I saw about ten copies at Target two days ago.  
 
You know, a few isles away from shit like diapers and shampoo.
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toast_burner

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Edited By toast_burner
@ryanwho said:
It just seems kind of cynical to me. Its not like some mom will walk into a Gamestop and see this and be like "oh, my boy wanted Fallout 3 and here it is!" because no major game retail outlets even sell PC games, really. How stupid do you think people are, I mean really. If you're smart enough to find a store that still sells hardcopies of PC games I think you can crack this egg. Interplay is getting a boost from Bethesda's Fallout 3 by releasing this, there is no doubt, but that's why they sold the IP to begin with. But to presume people would only get this because they think Fallout 3 is in there (which seems to be Bethesda's case) is just preposterous and egocentric imo. "
have you ever been to a shop that sales games before?
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Kazona

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@natetodamax said:

" 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. "

You can if you bought the license to it. I do think that it's a dick move, however, and I really wonder if Bethesda set Interplay up to fail to begin with.
 
But dick move or not, the fact remains that Bethesda owns the entire Fallout license. And if they did not approve the sale of the trilogy pack by Interplay, then I find it kind of strange that the judge ruled in favour of Interplay. After all, they own everything related to Fallout now, so realistically it's their call. Same thing with the MMO. If Interplay failed to meet the requirements agreed upon in the contract, then Bethesda is within their legal right to claim breach of contract.
 
 But on the other hand, no one knows the details of the agreement between Interplay and Bethesda so it's kind of hard to judge. We know bits and pieces, but until we know everything I don't think it's fair to point fingers. In the end, the only ones that really know what's going on are Interplay, Bethesda, and the judge preciding the case.
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Edited By Phished0ne
@cinemandrew: I think the real case is,  Fallout 3 drew heavily off the box art for the original games to begin with. So what if Beth purposefully made the FA 3 box art look similar to the FA 1 and 2 box art, knowing they would have control of what any future Fallout release's box art looked like.  It seems shady to me, for Beth to go "well we made a  reimagining of  your game that has similar box-art to the originals, but if you release a boxed set of the originals that follow the same template for fallout game box-art, NO WAY!" 
 
what about people that meant to go buy fallout one and 2, but bought fallout 3 instead? I'm supprised no one has brought this side of the argument up.
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@Phished0ne said:
" @cinemandrew: I think the real case is,  Fallout 3 drew heavily off the box art for the original games to begin with. So what if Beth purposefully made the FA 3 box art look similar to the FA 1 and 2 box art, knowing they would have control of what any future Fallout release's box art looked like.  It seems shady to me, for Beth to go "well we made a  reimagining of  your game that has similar box-art to the originals, but if you release a boxed set of the originals that follow the same template for fallout game box-art, NO WAY!"  what about people that meant to go buy fallout one and 2, but bought fallout 3 instead? I'm supprised no one has brought this side of the argument up. "

I pretty goddamn sure the point of contention is that they're calling it Fallout Trilogy - not that both boxes have goddamn dudes with power armor on the cover. 
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endaround

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Edited By endaround
@Kazona said:
" @natetodamax said:

" 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. "

You can if you bought the license to it. I do think that it's a dick move, however, and I really wonder if Bethesda set Interplay up to fail to begin with.  But dick move or not, the fact remains that Bethesda owns the entire Fallout license. And if they did not approve the sale of the trilogy pack by Interplay, then I find it kind of strange that the judge ruled in favour of Interplay. After all, they own everything related to Fallout now, so realistically it's their call. Same thing with the MMO. If Interplay failed to meet the requirements agreed upon in the contract, then Bethesda is within their legal right to claim breach of contract.   But on the other hand, no one knows the details of the agreement between Interplay and Bethesda so it's kind of hard to judge. We know bits and pieces, but until we know everything I don't think it's fair to point fingers. In the end, the only ones that really know what's going on are Interplay, Bethesda, and the judge preciding the case. "
No that is not true at all.  Bethesda bought the rights to make future single player Fallout titles (why they did that when they went and basically shat all over the previous history of the games is unknown when they could have made their own post-apocolyptic setting but whatever).  Interplay, a shell of what it was, still retained the rights for an MMO if they could get together financing for it and all royalties on sales of past games. though Bethesda was supposed to get approval for advertising.  There is a question if Interplay got enough financing together for the MMO (if they didn't in time rights flow to Bethesda).  Interplay says yes and development is ongoing(the development part is certainly true), Bethesda says no and put forth a law suit to stop Interplay.  The sales of past games is more of a dick move by Bethesda to try to choke off income for interplay.  Bethesda sat on approving ads.  And the mentioned Fallout Trilogy has been on store shelves since like 2005.  Basically Bethesda wants the MMO rights without having to pay more for them.  Chances are Interplay will end up selling them anyway but we'll see.
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ryanwho

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Edited By ryanwho
@toast_burner said:
" @ryanwho said:
It just seems kind of cynical to me. Its not like some mom will walk into a Gamestop and see this and be like "oh, my boy wanted Fallout 3 and here it is!" because no major game retail outlets even sell PC games, really. How stupid do you think people are, I mean really. If you're smart enough to find a store that still sells hardcopies of PC games I think you can crack this egg. Interplay is getting a boost from Bethesda's Fallout 3 by releasing this, there is no doubt, but that's why they sold the IP to begin with. But to presume people would only get this because they think Fallout 3 is in there (which seems to be Bethesda's case) is just preposterous and egocentric imo. "
have you ever been to a shop that sales games before? "
Have I been to Gamestop and Wal Mart? Yes.
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august

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Edited By august

There is zero proof that Bethesda "sat on approving ads" and we won't know until the trial is finally over.
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Edited By august
@ryanwho said:
" @toast_burner said:
" @ryanwho said:
It just seems kind of cynical to me. Its not like some mom will walk into a Gamestop and see this and be like "oh, my boy wanted Fallout 3 and here it is!" because no major game retail outlets even sell PC games, really. How stupid do you think people are, I mean really. If you're smart enough to find a store that still sells hardcopies of PC games I think you can crack this egg. Interplay is getting a boost from Bethesda's Fallout 3 by releasing this, there is no doubt, but that's why they sold the IP to begin with. But to presume people would only get this because they think Fallout 3 is in there (which seems to be Bethesda's case) is just preposterous and egocentric imo. "
have you ever been to a shop that sales games before? "
Have I been to Gamestop and Wal Mart? Yes. "

They sell pc games at Wal Mart. I'm sure some Gamestops. As I mentioned, I saw a mess of copies at Target. So your assertion that you have to some kind of hardcore pc gamer to find boxed copies of games is false.
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ryanwho

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Edited By ryanwho
@august said:
" @ryanwho said:
" @toast_burner said:
" @ryanwho said:
It just seems kind of cynical to me. Its not like some mom will walk into a Gamestop and see this and be like "oh, my boy wanted Fallout 3 and here it is!" because no major game retail outlets even sell PC games, really. How stupid do you think people are, I mean really. If you're smart enough to find a store that still sells hardcopies of PC games I think you can crack this egg. Interplay is getting a boost from Bethesda's Fallout 3 by releasing this, there is no doubt, but that's why they sold the IP to begin with. But to presume people would only get this because they think Fallout 3 is in there (which seems to be Bethesda's case) is just preposterous and egocentric imo. "
have you ever been to a shop that sales games before? "
Have I been to Gamestop and Wal Mart? Yes. "
They sell pc games at Wal Mart. I'm sure some Gamestops. As I mentioned, I saw a mess of copies at Target. So your assertion that you have to some kind of hardcore pc gamer to find boxed copies of games is false. "
You're missing the point. Bottom line is if you're capable of reading more than 2 words in a row without getting a headache, you can avoid this "confusion" Bethesda is claiming exists when you go to wherever the hell they're selling this.
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Phished0ne

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Edited By Phished0ne
@august:  Bethesda said they wanted to hold final approval on all box and advertising art.  Last time i checked, logos and images are both considered art in the design world( i would know, i am a design major).    They want to make sure no one would be confused.  I think that  a parent that knows nothing about fallout would see any boxart with a dude in power armor on it and think "oh that must be that fallout game my son was talking about".    
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Edited By Bones8677

I think when it comes right down to it, Bethesda wants to create a Fallout MMO and have complete control over the entire franchise. The mmo is really going nowhere under Interplay and they haven't produced anything in a decade. Bethesda doesn't feel that Interplay is up to the task to do what needs to be done with this franchise, in my opinion. 
 
Bethesda should take hold of the entire franchise, but I don't think sueing them is the right approach. Perhaps buying them out would be the better option.

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ryanwho

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Edited By ryanwho

Parents don't know what numbers mean because parents are stupid. 3 and trilogy might as well be the same word because parents are half retard and don't know the difference. Surely millions of parents purchased this trilogy by mistake when they meant to get Bethesda's year old game. Surely.

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Edited By cinemandrew
@Phished0ne: It's entirely possible that someone would buy fallout 3 when they were looking for 1 or 2, though unlikely. The problem here is that it's a bundle, which may or may not be misleading. Obviously the box art displays which three games are included, but as someone mentioned, there's plenty of parents who aren't knowledgeable enough to recognize that Fallout 3 is not included in this "trilogy". This could also be a problem for digital distribution. In that instance, you don't have a box sitting in your hands telling you that this is not what you want, and so it's probably a lot easier to get mixed up there. I think Bethesda's issue (and this is pure speculation) is with the branding of the bundle as the "Fallout Trilogy", and not necessarily the box art it'self. I can remember the first time I saw this bundle, and I figured it was Fallout 1, 2, and 3, not Tactics, and I was totally aware of the other 2 games in the series. It's also a bit suspicious that this bundle didn't come out years ago. Forgive me if I'm wrong, but didn't they just start selling this bundle after Fallout 3 was released? Fallout Tactics has been out for years now, so there's no reason they couldn't have put it out earlier. Obviously it could just be a coincidence, and perhaps they just didn't think of releasing a "trilogy" pack until recently, but it's still something to think about.
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Phished0ne

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Edited By Phished0ne
@cinemandrew: oh yes, i have no doubt that the timing of that pack was very strategic. But can you really hold it against them, and I don't hold it against Bethesda for wanting to make sure there was no confusion. But if what Interplay says is true....Although a "smart " business move, i don't think its one you want to be caught doing.   The point about buying a game digitally is  fair, although most digital distribution sites have a paragraph explaining what is in a bundle, usually right next to, or below the artwork. In my opinion, it is less likely that someone would make the impulse/confused buy digitally in a case like this.  Anything over 20 or 30 dollars people tend to pay attention to what their buying, in my experience. But then again, i cant fathom not looking at the back of a box when buying a game anyway.