Interplay still alive and suing people

[King of Creation]

<strong>[ Company -> Update ]</strong>

<p>In what is most certainly the longest running case of a zombie company, <strong>Interplay</strong> is back in the news. This time, we get a little taste of the court battles between Bethesda and Interplay. From the old-time vocal IPLY investor <strong>Frymuchan</strong>:</p>
<p style="padding-left: 30px;"><em>Interplay argued that they purposefully retained the rights to the original Fallout games when selling the Fallout license to Bethesda knowing full well (as did Bethesda) that Interplay was going to exploit the original Fallout games upon release of Fallout 3. Why would Interplay keep the original Fallout rights and sell Fallout for so cheap unless this was built in as part of the package deal? The original Fallout games are only worth something in relation to sales generated from the release of FAllout 3. Therefore, Interplay did not harm Bethesda in any way by selling the original Fallout games. Interplay has a right per this deal to exploit the original Fallout games and to not see this as unfair competition with Bethesda. Also, Bethesda under their initial agreement did not have any rights to determine how Interplay chose to exploit selling their Fallout games. Bethesda had the right to inspect promotional material/marketing that Interplay used with their original games ONLY to make sure that Interplay wasn't unfairly trying to confuse their game with Interplay's. However, a key component of that provision was that Bethesda could not UNREASONABLY WITHOLD their approval, which Bethesda seems to be doing in this case. Most importantly, however, Interplay did not produce any promotional material or marketing for their Fallout games, which is the only statement that is made in the original agreement (the original agreement regarding the original Fallout games only covered marketing and promotional material, of which Interplay had none. None of the other complaints that Bethesda made against Interplay were a part of the original contract, and are thus null and void). Interplay sold the original Fallout games with very little in the way of packaging materials (a very basic instruction manual), and Interplay did not spend any money on marketing, which can be verified in their 10-K. I remember saying how odd it was that Interplay suddenly had a statement on their website that they were selling Fallout games at Best Buy and that there was no promotional material or marketing for this. Interplay was simply complying with the contract. It all makes perfect sense now in hindsight.

Also, VERY, VERY interesting is that Interplay is COUNTERSUING Bethesda. Interplay said that they did disclose the Glutton Creeper deal with Bethesda and Bethesda suddenly terminated the deal with Glutton, which resulted in Glutton suing Interplay. Interplay wants that money back that they had to pay Glutton and legal fees from this. Interplay also claimed that Bethesda materially damaged their name and business by falsely telling Gametap and other companies that Interplay was not allowed to sell Fallout games on their site, per the original agreement. This is clearly a very dirty underhanded strategy by Bethesda to stop Interplay from exploiting Fallout and trying to take it away from Interplay. Bethesda is going to get very, very bad press about this one if this goes to court. Fallout fans are going to be ticked off to hear that Bethesda has been trying to mess with Interplay every step of the way and not allow Interplay to exploit the previous Fallout games, despite this being part of the original agreement. Interplay is seeking damages for this irreperable harm that was done to them (all you have to do is check out every magazine and website that posted that Interplay is being sued to see how Bethesda hurt Interplay's name with all this. Also, as I pointed out earlier, Bethesda representatives have been making cocky commments for quite some time about how they really feel like Fallout is theirs and that Interplay will very soon no longer have the rights to make it(almost implicitly taking credit for creating the franchise), and totally discounting Interplay's rights to make the MMORPG and back catalog games. Interplay also stated that Bethesda sent other companies statements trying to blacklist Interplay from being able to make deals with other 3rd parties.

In regards to the Fallout MMORPG, Interplay is stating that they fulfilled all rights of the agreement and told Bethesda such in a letter that posted prior to the agreement date in April of 2009, but Bethesda suddenly told Interplay, for no good reason, that they can no longer develop Fallout MMORPG. (Thus, Interplay is implicityly acknolwedging that they raised the requisite 35 million, which is very, very good news). Interplay was not allowed to sublicense the Fallout MMORPG out, as part of the original agreement, but Interplay craftily avoided this by not assigning any rights to Masthead Studios. Masthead studios is simply a technology and finance raising venture. Masthead does not get any rights to Fallout and was not sold Fallout MMORPG (sublicensing).

So, overall, Interplay's case seems pretty strong to me. It seems pretty clear that Bethesda was getting way too GREEDY. Bethesda tried to mess with Interplay and tried to stop Interplay from selling their old games on Gametap and other sites by sending unlawful and untrue letters that Interplay did not have the right to sell the back catalog Fallout games. Interplay had every right to sell their old games (that's the whole point of the original deal. The basic deal breaks down as such: I give you (Bethesda) Fallout to make new games for. You get a proven brand name. We (Interplay) get to keep the old Fallout games, which allows us to exploit this deal some in the future too by rereleasing the old games, and we get to make a Fallout MMORPG of which YOU MAY NOT UNREASONABLY MESS WITH US. THIS WAS WRITTEN INTO THE CONTRACT IN NUMEROUS PLACE) and there was no agreement that Interplay had to check with their daddy (Bethesda) about deals that they entered into that were not covered in the original agreement.
(...)
What really blew me away was that Interplay argued in their court documents that Bethesda breached the contract and messed with Interplay every step of the way (such as sending letters to everyone that Interplay tried to sell the original Fallout games to) to such an extent that the contract is now null and void and therefore the former contract is in effect which states that Interplay owns the Fallout license and Bethesda sublicenses it and only has rights to Fallout 3 and Fallout 4 and Fallout 5. Instead of Interplay oweing Bethesda royalties from Fallout MMORPG, Bethesda should pay Interplay royalties from Fallout 3, in excess of 15-20 million (estimated) as well as damages to Interplay's name, etc. What an amazing, brilliant legal stroke that would be if Interplay pulled this off and REGAINED the Fallout license (AMAZING LEGAL SWITCHAROO) and to boot got a huge, huge settlement from Bethesda to use toward remaking their old games and/or toward Fallout MMORPG.</em></p>
<p>Now, correct me if I'm wrong, but didn't Interplay sell ALL rights and properties for the <em>Fallout</em> series to Bethesda, except for the MMO <em>Fallout</em> game that had to have been in a solid state of funding and development by a certain date which Interplay failed to meet? Frymuchan seems wholeheartedly, and rather sadly, confident in IPLY's ability to pull off this legal "SWITCHAROO," as he states, but it seems a bit of a stretch.</p>
<p>There are two posts over at the Raging Bull forums, <a href="http://ragingbull.quote.com/mboard/boar ... 6">here</a> and <a href="http://ragingbull.quote.com/mboard/boar ... <p>Spotted @ <a href="http://www.nma-fallout.com">No Mutants Allowed</a></p>

[VasikkA]

Interplay is like the proverbial roach you can't kill.

[SenisterDenister]

I'd love to see them get the rights back for the Fallout Franchise if this goes to court.

[Dogmeatlives]

hmmm.... I'm doubting Interplay's ability to win this one, but when I look back at the past news items related to Interplay vs. Bethesda it seemed like we got most of the details from Bethesda so maybe we've really only been told one side of the story... possible? No?

[King of Creation]

Not really. I'm basing my backing of Bethesda in this legal case on IPLY releases stating they've sold everything Fallout to Bethesda - the IP, all resources, everything. IPLY only retained the right to make a Fallout MMO, but they had to have raised a certain amount of funding and progressed on the project a certain amount by a certain date, which they blatantly failed to meet.

[Ausir]

I've read the actual court filing (don't ask me how I obtained it), and I think that Interplay might actually win the part regarding the rights to continue selling the original Fallout games. Bethesda will likely win on all other counts, though.

[SenisterDenister]

Blast and damnation.

[jetbaby]

Who do you root for in a fight between two combatants, both of whom you want to die painfully?

[SenisterDenister]

The underdog.

[Wolfman Walt]

Every time I read the word "exploit" in that article, I suddenly feel very cold inside.

[Manoil]

Interplay is like the proverbial roach you can't kill.

Interplay checks in but it don't check out


because they have no intention of paying the bill.

[VasikkA]

Who do you root for in a fight between two combatants, both of whom you want to die painfully?

It's like deciding whether your only daughter should marry or .

[POOPERSCOOPER]

I think this was pretty much expected, you know Herve is a slippery little douche bag so you can expect him to find anyway to back stab and try and get money.

[cazsim83]

11 years is a lifetime.

October 20, 1998 - It's a post-apocalyptic party, Interplay style, as the company today announced a special launch party for its roleplaying game Fallout 2. While launch parties are common in the computer game industry, they are usually reserved for the employees and the press. But Interplay's party is unusual--it's throwing the doors open and inviting in all the fans.

The party will be held in the courtyard of the Triangle Square, at 1870 Harbor Boulevard in Costa Mesa, California. The date is Friday, October 30th, beginning at 8:00 PM and lasting until "the early morning hours", according to Interplay.

The entire Fallout 2 team will be in attendance, as well as a band to be named later. Guests are encouraged to dress in Fallout-inspired post apocalyptic costumes, with prizes given out to the best dressed.

edit - also, I thought this was relevant - you'll notice IPLY stock dropped 50% or so over the last year - party time!

[darkknight]

Interplay defeated the preliminary injunction imposed by Bethesda. Interplay also released a bunch of new concept art as part of their legal case for Fallout MMORPG made by Serg. They showed the first picture on their website: Here's the link: http://www.interplay.com/forums/viewforum.php?f=50 Interplay also confirmed that they have Fallout MMORPG already up and running in a demo format.

[SenisterDenister]

There, saved you guys time that would be otherwise wasted.

[VasikkA]

Interplay also released a bunch of new concept art as part of their legal case for Fallout MMORPG made by Serg.

So this piece of concept art is Interplay's ace in the sleeve in the lawsuit against Bethesda?

Herve never fails to amuse.