Judge Denies Bethesda Fallout Injunction

 Pages 1 2 3 NEXT
 

Judge Denies Bethesda Fallout Injunction

image

A preliminary injunction filed by Bethesda against Interplay over the proposed Fallout MMO has been denied by a District Court Judge.

Bethesda's complaint against Interplay is twofold, citing a breach of contract over the MMO, and that the packaging of the Fallout Trilogy is misleading, making consumers believe that they are buying Fallout 3. The injunction, which would have prevented the beleaguered Interplay from selling the Fallout Trilogy compilation or from working on the Fallout MMO, was denied by Judge Deborah K. Chasanow for undisclosed reasons.

Bethesda bought the rights to the Fallout franchise from Interplay in 2007 for nearly $6 million, and licensed the rights for an MMO back to Interplay. According to Bethesda, Interplay failed to meet its contractual obligations by not securing funding, or beginning full scale production on the game by a designated time.

Source: Gamasutra

Permalink

If Interplay fuck that game up.......lets just say i wouldnt want to be in their shoes (or at least using the email inbox)

Interplay had the rights but sold it because they couldn't do anything with it. Bethesda revives the Fallout franchise, and now Interplay wants it again. :P I just think it's sad because Interplay right now really does not have the means to produce a Fallout MMO. At least if Bethesda got the rights like they are contractually obligated, we could hope for a respectable Fallout MMO. We can only hope...

I can understand the Fallout Trilogy thing, though I would hope anyone that was buying it would at least look at what they were buying before getting it rung up.

And yeah, it does seem that Interplay violated the contractual obligation to the Fallout MMO as well.

"Undisclosed reasons"? How does that help me, Joe Nobody, form an opinion to express to the internets? Shocking that they didn't take me into account when deciding this.

I honestly think that this is better off in the hands of Interplay, Don't get me wrong, I loved F3, and I love Bethsoft, but I don't think that their buggy releases would go over well with an MMO...

"Interplay fuck the game up"? Bethesda fucked fallout up!!! Fallout 3 isnt fallout!!! Its "Elder Scrolls: Apocalyptic Oblivion 2270"!

"Undisclosed reasons"? So the Judge is a Fallout fan who wants to see the MMO released then?

Hmm. Interesting case, not sure whose side to take really. But if Interplay truly breached the contract they signed with Bethesda, then they deserve to accept the consequences of that action. However in court cases such as this I'm never sure which side to believe, because both sides are trying to make the other guy look like the very spawn of satan himself. So maybe I'll just sit back and watch the fireworks show.

Lukeje:
"Undisclosed reasons"? So the Judge is a Fallout fan who wants to see the MMO released then?

I hope that's not the case, otherwise that is a very shitty judge.

Since the reason is undisclosed, I am almost certain of a bribe. In this age of corruption, I would not doubt it in the slightest.
In court cases, there should be no such thing as undisclosed reasons for a judgement. If there is a reason, it should be known.

Crazycat690:
"Interplay fuck the game up"? Bethesda fucked fallout up!!! Fallout 3 isnt fallout!!! Its "Elder Scrolls: Apocalyptic Oblivion 2270"!

Yes, they changed the game, got a problem?
if it had the old combat system it would have been NO WHERE near as good in the terms of sales!
But really Interplay, grow up and either make said mmo or don't
Bethesda Make the mmo anyway you'd do it better anyhoo

About the issue of the 'Fallout Trilogy' not including Fallout 3...well, provided that you read the fron of the box you can pretty clearly see that it does indeed include the first three Fallout games (and thus technically isn't a lie), throwing Fallout 3 in there would be like including Alien Trilogy and Alien Resurection in the box when they release AVP3 (in other words, what would be the point?).

That's total bull. Interplay are just being greedy. How can you justify selling your rights for a game away, but then breaking the agreement and selling the game under the same name?

Oh, and they can fuck right off for marketing it as Fallout 3.

Fallout 3 is an atrocity and has NOTHING to do with either of the original (good) Fallouts. Fact is without the IP Bethesda wouldnt even gotten a fraction of the sales. All in all Fallout 3 should have been an original IP.

Stubee:
If Interplay fuck that game up.......lets just say i wouldnt want to be in their shoes (or at least using the email inbox)

Poor guy who would be is not going to havea happy time...

Oh dear god yes, there's still hope for another good Fallout! I'm so damn happy! :)

I have mixed opinions on the subject.

In general I feel Bethesda made a truely awesome game with Fallout 3, perhaps one of the best of all time. The problem was they made it part of a franchise they bought rights to and it really just didn't fit.

Interplay was in trouble, they sold it, and if they didn't the whole thing would have died a true death. Honestly though I feel they are probably the only ones who could do things "right" with the current technology. It's not so much how the game plays, but the atmosphere, etc...

I think Bethesda is being a whining little girl unless they have someone who is actually ready to begin MMO production.

I do not see the legitimacy of complaining about the Fallout Trilogy because *I* bought it given the age of my original Fallout games, and felt there was nothing unclear about it at all. I think basically Betheda is uptight about it because more people are playing those games and seeing the differances despite the age of the tech. One of their biggest problems having been the "No Mutants Allowed" crowd and it does sort of throw fuel on the flames. At least this is my guess.

My most major concern here is whether or not this will effect "Fallout: New Vegas". I play MMORPGs and really I am kind of up in the air about a Fallout one as there are already so many tough choices (and only so much time). A new single player game, using an improved version of Beth's engine, and having the right writers at the helm... well that was something to look forward to. Since I believe a lot of guys involved with "New Vegas" were from Interplay allegedly, I find this news a bit disturbing.

Judge Deborah K. Chasanow: I have decided that this court case is silly and I have no idea why we are doing this. Now if you don't mind I have to cash in this Cheque and retire early.

Therumancer:
I do not see the legitimacy of complaining about the Fallout Trilogy because *I* bought it given the age of my original Fallout games, and felt there was nothing unclear about it at all. I think basically Betheda is uptight about it because more people are playing those games and seeing the differances despite the age of the tech.

When I went to the store to pick up Fallout 3 (Game of the Year Edition) for PC, I noticed the Fallout Trilogy sitting right beside it. My first thought was, why don't I just pick up the trilogy and get all 3 games instead of just one for the same price. If I remember correctly, the covers looked very similar too. It honestly fooled me at a glance and it took me a bit to realize that it wasn't Fallout 3. I can guarantee the trilogy has been bought under false pretenses by more than a few people.

Stubee:
If Interplay fuck that game up.......lets just say i wouldnt want to be in their shoes (or at least using the email inbox)

To be honest, if Interplay were incapable of fucking up, they wouldn't be in the shit hole of a position they are in now.

VitusPrime:

Crazycat690:
"Interplay fuck the game up"? Bethesda fucked fallout up!!! Fallout 3 isnt fallout!!! Its "Elder Scrolls: Apocalyptic Oblivion 2270"!

Yes, they changed the game, got a problem?
if it had the old combat system it would have been NO WHERE near as good in the terms of sales!
But really Interplay, grow up and either make said mmo or don't
Bethesda Make the mmo anyway you'd do it better anyhoo

Agreed, I think Interplay already screwed enough up; look at Fallout Tactics or there 'fixes' to the European versions of Fallout 1/2 to comply with the 'no child death' rules. Their a bunch of lazy fuckups who got lucky with Fallout 1/2.

As for Fallout 3, well, it was NEVER going to be the same as 1/2, and frankly I think Bethesda did a good job. The only thing that bugged me about Fallout 3 was...well, it was supposedly 200 years since the nuke, and STILL looks like that? Bloody hell. Also, I wish there where more town hubs/populated areas. But overall, I think Fallout 3 was good; perhaps as good as Fallout 1/2 back in its day! There, I said it

Yay, the Fallout MMO lives to see another day... I love all of the Fallout games, even Tactics... The only one that I didn't like was that crappy action RPG console game Brotherhood of Steel... Who made that POS? It wasn't Bethesda or Interplay, if I recall...

Sparrow:
That's total bull. Interplay are just being greedy. How can you justify selling your rights for a game away, but then breaking the agreement and selling the game under the same name?

Oh, and they can fuck right off for marketing it as Fallout 3.

They didn't sell the rights to a game, they sold the rights to the Fallout franchise, which didn't include the Fallout games Interplay had already made. They are still selling the Fallout Trilogy, which is Fallout 1, Fallout 2, and Fallout Tactics. They have never marketed it as Fallout 3, Bethesda's argument was that the name "Fallout Trilogy" was to mislead people into believing it included Fallout 1, 2, and 3. In reality, the Fallout Trilogy has been available since 2004 under the same name, far FAR before Fallout 3 was released so there's no way Interplay's got that kind of agenda.

They also said that "the licensing contract requires all advertising, packaging and other promotional material to be sent to them for approval first, which, according to the lawsuit, was never done by Interplay regarding neither the Fallout Trilogy pack, nor any of the releases through Good Old Games, Steam and other digital distribution platforms." which is also ridiculous for the same reason.

Bethesda are just being a bunch of greedy fucks in my opinion, trying to acquire the rights to the Fallout MMO using dirty legal action which they were contractually obliged to give to Interplay. (Bethesda: OOPS)

Personally, I'm glad Interplay is doing the MMO. Bethesda is rather famous for poor, poor quality control.

Yog Sothoth:
Yay, the Fallout MMO lives to see another day... I love all of the Fallout games, even Tactics... The only one that I didn't like was that crappy action RPG console game Brotherhood of Steel... Who made that POS? It wasn't Bethesda or Interplay, if I recall...

Developed and produced by Interplay

Fallout Trilogy existed long before F3. And the art/style of latter resembles art/style of first games, not the other way around. Fallout Trilogy is better than F3 anyway. So Beth, STFU!

Bethesda is bullying. And that out of the way, i wish that Interplay make a good MMO. Although many people that contributed to making first games are no longer in Interplay, i think they should have a chance. I have no respect towards Beth for re-skinning Oblivion with Fallout universe - I don't like thier vision. Maybe Interplay would do better.

Corruption. Get a new judge, because this one has obvious bias.

And 'undisclosed reasons'? You need a reason to deny a case.

As a player I'm only worried about Interplay's motives in this. If they are fighting to make Fallout into what it was before Bethesda took it over, I'm cheering up.

Interplay made Fallout as story driven character rich world where violence was always a choice made by the player. You could beat it without firing a shot or by slaughtering everything that moves. Each character had a personality, even those without animated portraits. Most importantly, it made you feel involved.

Bethesda just used Oblivion as the base for a completely different game, as a result Fallout 3 excels as an exploration game, nothing more. I would go further and say that Fallout 3 is just a simplified Oblivion with guns. Oblivion had better story line and some of the side quests were great. In Fallout 3 most of the story is so bad you just abandon it for the side quests which run out pretty fast, leaving you alone to explore the world aimlessly, filling your pockets with guns and ammo.

However, if Interplay's motives are only to feed on the revived franchise and just mount it on the MMO train, I would rather leave it in Bethesda's hands.

They shouldn't have sold Fallout in the first place. Maybe then it wouldn't have become a simplified shooter with stats. Maybe that explains the bias too.

Amnestic:

Yog Sothoth:
Yay, the Fallout MMO lives to see another day... I love all of the Fallout games, even Tactics... The only one that I didn't like was that crappy action RPG console game Brotherhood of Steel... Who made that POS? It wasn't Bethesda or Interplay, if I recall...

Developed and produced by Interplay

D'oh! Ok, they fucked that one up pretty bad and should be punished...

Slider2k:
Fallout Trilogy existed long before F3. And the art/style of latter resembles art/style of first games, not the other way around. Fallout Trilogy is better than F3 anyway. So Beth, STFU!

It is the first games. Have you played them recently? They have extremely bad graphics, the combat system is fairly dated and the time limit on the first game is just stupid.

Slider2k:
Bethesda is bullying. And that out of the way, i wish that Interplay make a good MMO. Although many people that contributed to making first games are no longer in Interplay, i think they should have a chance. I have no respect towards Beth for re-skinning Oblivion with Fallout universe - I don't like thier vision. Maybe Interplay would do better.

Bethesda aren't bullying them, interplay have an agreement that states they have to have the fallout mmo released by 2011 with development started in 2010 or they lose the licence, interplay have just got out of debt and still need a lot of money to make the mmo.
Also none of the people who made the first games are in interplay they fired them all in 2003 and 1, maybe 2 of them might be working on the fallout mmo

Bored Tomatoe:
I honestly think that this is better off in the hands of Interplay, Don't get me wrong, I loved F3, and I love Bethsoft, but I don't think that their buggy releases would go over well with an MMO...

Yes because every other MMO is released perfectly bug-free and never has anything wrong with it ever, right? Just saying

Also to all the "hurr hurr Oblivion with Guns" comments, 2007 called and it wants its unfunny joke back. Bethesda had a huge task continuing a game in a universe as deep as the Fallout one and I for one think they succeeded in staying true to the universe while putting their own spin on it. I know my opinion isn't everyone's but surely there's more you guys have than "Oblivion with Guns". I guess we might as well have called all other First-Person RPGs after 2001 "Deus Ex with *insert different weapon or concept here*", right?

Crazycat690:
"Interplay fuck the game up"? Bethesda fucked fallout up!!! Fallout 3 isnt fallout!!! Its "Elder Scrolls: Apocalyptic Oblivion 2270"!

Indeed, good sir, indeed.

I'm confused, does this mean they're going to go ahead and keep working on the MMO or is that dream over now? I'm just glad I picked up the FO trilogy a few months ago for a ridiculously low price.

Interplay messed up their own universe with Tactics and BoS. Even so, I couldn't care less about Interplay having the rights to create a Fallout MMO. The very concept of an MMO set in Post-Apocalyptia is almost as ridiculous as the concept of MMOs in the first place.

Oh and those of you that want to see Fallout returned to the "good ol' days", that's not going to happen, sorry. We are well into the 21st century, get a game that reflects that. If you want to play your outdated games pick something up that actually stood up to the test of time (e.g. Super Mario Bros.) but don't tell us modern gamers that a game made to today's standards and done well is not as good as your precious games that didn't garner nearly the same attention (in sales or critical recognition).

Rayjay06:
Interplay messed up their own universe with Tactics and BoS. Even so, I couldn't care less about Interplay having the rights to create a Fallout MMO. The very concept of an MMO set in Post-Apocalyptia is almost as ridiculous as the concept of MMOs in the first place.

Oh and those of you that want to see Fallout returned to the "good ol' days", that's not going to happen, sorry. We are well into the 21st century, get a game that reflects that. If you want to play your outdated games pick something up that actually stood up to the test of time (e.g. Super Mario Bros.) but don't tell us modern gamers that a game made to today's standards and done well is not as good as your precious games that didn't garner nearly the same attention (in sales or critical recognition).

It is a good idea to always speak for yourself, unless you are some kind of a politician.
Also it wold be nice for you to be so kind and describe what is the difference between a modern gamer and the rest them shady types?
Are you also trying to say that quantity always supports quality?
I'm confused, sorry.

Rayjay06:
Oh and those of you that want to see Fallout returned to the "good ol' days", that's not going to happen, sorry. We are well into the 21st century, get a game that reflects that. If you want to play your outdated games pick something up that actually stood up to the test of time (e.g. Super Mario Bros.) but don't tell us modern gamers that a game made to today's standards and done well is not as good as your precious games that didn't garner nearly the same attention (in sales or critical recognition).

Dude, before Bethesda stepped in, the Fallout games were cult classics. That means their fanbase was relatively small and diehard. You can't argue with people like that, so don't bother. I enjoyed the original Fallout games, despite admitting that even I found the battle system to be a little clunky, but I love Fallout 3 and I think Beth did a great job. They obviously put a lot of love and hard work into making it accessible to a new generation, and tried their best to keep to its roots as much as possible for the already established fanbase. At least the general consensus of critics is "Oblivion with guns", and not "Halo with Super Mutants", or somthing awfully derivative like that.

OT: I'm not too familiar with the politics of the case, but if Interplay had an agreement that they violated then Bethesda was in the right. Even if Interplay retain the rights to make the MMO, are they even going to have the funding they need to complete it? Do they expect Bethesda to cough up now just so the MMO can be made? Even if they continue with the project, I doubt it will see the light of day for a long, long time.

Amnestic:

Yog Sothoth:
Yay, the Fallout MMO lives to see another day... I love all of the Fallout games, even Tactics... The only one that I didn't like was that crappy action RPG console game Brotherhood of Steel... Who made that POS? It wasn't Bethesda or Interplay, if I recall...

Developed and produced by Interplay

I'm surprised. I knew Interplay were full time fuck-ups, but that just takes the biscuit and craps on it.

 Pages 1 2 3 NEXT

Reply to Thread

Log in or Register to Comment
Have an account? Login below:
With Facebook:Login With Facebook
or
Username:  
Password:  
  
Not registered? To sign up for an account with The Escapist:
Register With Facebook
Register With Facebook
or
Register for a free account here