Interplay vs. Bethesda Clarification

Post by **King of Creation** » Thu Oct 22, 2009 3:49 pm

[ Company -> Update ] - More info on <a href="#Bethesda Softworks">Company: Bethesda Softworks</a> | More info on <a href="#Interplay">Company: Interplay</a>

Interplay has filed an <a href="http://www.sec.gov/Archives/edgar/data/ ... 9.htm">8-K form</a> with the SEC clarifying the problems surrounding their arrangement with Bethesda. Read it for yourself:
On October 16, 2009, Interplay Entertainment Corp. (“Interplay”) answered the lawsuit filed by Bethesda Softworks LLC (“Bethesda”) in the United States District Court for the District of Maryland on September 8, 2009. In conjunction with its Answer, Interplay asserted Counter-Claims against Bethesda seeking affirmative relief, including for Breach of Contract, Declaratory Judgment, and other relief. Interplay alleges Bethesda breached the terms of Asset Purchase Agreement related to the sale of the FALLOUT® intellectual property to Bethesda.

Interplay’s counter-suit alleges that Bethesda interfered with Interplay’s business, including distribution of the previously released FALLOUT ®, FALLOUT® 2, and FALLOUT® Tactics games, by attempting to terminate Interplay’s distribution rights, among other acts. Interplay asks the Court to decide whether Bethesda’s attempt to terminate Interplay’s rights under the Asset Purchase Agreement results in nullification of the entire contract such that the Parties should be returned to the status quo under their former Exclusive Licensing Agreement. If the Exclusive Licensing Agreement is restored, Bethesda may owe royalties based upon sales of its FALLOUT ® 3 title. Interplay also seeks a declaration from the Court that it has not infringed upon the FALLOUT® mark and that it has satisfied the terms of a Trademark Licensing Agreement it signed with Bethesda related to Interplay’s production of a massively-multiplayer online game.

For its part, Bethesda seeks to cancel the Trademark License Agreement, which conditionally allows Interplay to use the FALLOUT ® brand in conjunction with its currently-in-production massively multiplayer online game. Bethesda claims that Interplay breached the trademark license agreement because it allegedly failed to commence full scale development and satisfy a funding requirement within a specified time frame. Bethesda also seeks to terminate Interplay’s rights with respect to Interplay’s distribution of the FALLOUT® back catalog of games. Interplay disputes these allegations. Although the potential damages are currently unknown, if Bethesda ultimately prevails, Bethesda could obtain a damages award and cancel the trademark license agreement. Interplay could lose its license to use the FALLOUT® brand with respect to its massively multiplayer online game, and also its right to distribute the pre-existing FALLOUT® titles.
I can't really comment on the lawsuit beyond my limited knowledge of their original contract, but from what everyone said at the time, Interplay sold absolutely everything to Bethesda except for the MMO deal. If only someone would <a href="mailto:kingofcreation@duckandcover.cx">email me the original contract</a>......Spotted @ <a href="http://www.nma-fallout.com">No Mutants Allowed</a>

MR Snake · Post by **MR Snake** » Thu Oct 22, 2009 4:41 pm

If Interplay would actually get royalities for Fallout 3 than that is that, Interplay is back in business.

SenisterDenister · Post by **SenisterDenister** » Thu Oct 22, 2009 4:59 pm

Well shit.

Wolfman Walt · Post by **Wolfman Walt** » Thu Oct 22, 2009 7:09 pm

If this works, and that's a big if, I might have to take back my opinion of Herve being the world's biggest moron.

VasikkA · Post by **VasikkA** » Thu Oct 22, 2009 7:46 pm

Since when did Interplay change their main line of business from fabricating bogus financial statements to the glamorous trade of suing and countersuing?

Ausir · Post by **Ausir** » Fri Oct 23, 2009 12:25 am

I can't really comment on the lawsuit beyond my limited knowledge of their original contract, but from what everyone said at the time, Interplay sold absolutely everything to Bethesda except for the MMO deal. If only someone would email me the original contract......

http://fallout.wikia.com/wiki/Trademark ... _Agreement
http://fallout.wikia.com/wiki/Asset_Purchase_Agreement

Megatron · Post by **Megatron** » Fri Oct 23, 2009 12:26 am

By gamers. For gamers.

C.R.EA.MN

Post by **King of Creation** » Fri Oct 23, 2009 6:09 am

Ausir wrote:
I can't really comment on the lawsuit beyond my limited knowledge of their original contract, but from what everyone said at the time, Interplay sold absolutely everything to Bethesda except for the MMO deal. If only someone would email me the original contract......
http://fallout.wikia.com/wiki/Trademark ... _Agreement
http://fallout.wikia.com/wiki/Asset_Purchase_Agreement

Right, didn't know they were public. Cheers

Ausir · Post by **Ausir** » Fri Oct 23, 2009 4:56 pm

Can't find a copy of the 2004 Exlusive Licensing Agreement, though, which could also be useful.

Post by **Manoil** » Fri Oct 23, 2009 7:52 pm

In all honesty, litigation drama has never been so... interesting.

Redeye · Post by **Redeye** » Tue Oct 27, 2009 9:42 am

Wolfman Walt wrote:If this works, and that's a big if, I might have to take back my opinion of Herve being the world's biggest moron.

balls and stupid luck do not make intelligence

Wolfman Walt · Post by **Wolfman Walt** » Tue Oct 27, 2009 9:45 am

Redeye wrote:
Wolfman Walt wrote:If this works, and that's a big if, I might have to take back my opinion of Herve being the world's biggest moron.
balls and stupid luck does not make intelligence

No, but you have to admit that this seems just ABIT too well planned for it to be random luck. I don't believe in coincidence and it's not coincidence that Interplay starts marketing the "FALLOUT TRILOGY" to capitalize on Fallout 3's success and then trying to make their whole deal annuled and receive a huge sum of money. It's like Herve's garage is now some sort of League of Injustice and he's a real life Lex Luthor that fails at almost every turn.

MR Snake · Post by **MR Snake** » Tue Oct 27, 2009 5:26 pm

Wolfman Walt wrote:
Redeye wrote:
Wolfman Walt wrote:If this works, and that's a big if, I might have to take back my opinion of Herve being the world's biggest moron.
balls and stupid luck does not make intelligence
No, but you have to admit that this seems just ABIT too well planned for it to be random luck. I don't believe in coincidence and it's not coincidence that Interplay starts marketing the "FALLOUT TRILOGY" to capitalize on Fallout 3's success and then trying to make their whole deal annuled and receive a huge sum of money. It's like Herve's garage is now some sort of League of Injustice and he's a real life Lex Luthor that fails at almost every turn.

I for one am for it. As much as we hate Herve, the fucker knows how to make Fallout right. Bethesda assraped the fallout brand and should have to pay tons of money for doing so. Right? So while there is injustice, there is justice.

Post by **Manoil** » Tue Oct 27, 2009 5:52 pm

I just want my Gauss

VasikkA · Post by **VasikkA** » Tue Oct 27, 2009 6:29 pm

MR Snake wrote:As much as we hate Herve, the fucker knows how to make Fallout right.

No.

MR Snake · Post by **MR Snake** » Tue Oct 27, 2009 8:25 pm

VasikkA wrote:
MR Snake wrote:As much as we hate Herve, the fucker knows how to make Fallout right.
No.

yes

darkknight · Post by **darkknight** » Wed Oct 28, 2009 4:19 am

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.

Stainless · Post by **Stainless** » Wed Oct 28, 2009 5:15 am

MR Snake wrote:
VasikkA wrote:
MR Snake wrote:As much as we hate Herve, the fucker knows how to make Fallout right.
No.
yes

?

Amis · Post by **Amis** » Wed Oct 28, 2009 8:24 am

Marketing. A big black guy and a hot redhead chick with guns.

Wolfman Walt · Post by **Wolfman Walt** » Wed Oct 28, 2009 10:17 am

Fallout MMO. Herve knows jackshit about making a Fallout game and proved as much as soon as he cancelled Van Buren in favor of trash. Just because we have a more recent evil, doesn't mean we should forget the ones of the past.

Duck and Cover

Interplay vs. Bethesda Clarification

Interplay vs. Bethesda Clarification

Interplay defeats the preliminary injunction