Bethesda's Claim Denied

[King of Creation]

<strong>[ Company -> Update ]</strong> - More info on <a href="http://fallout.wikia.com/wiki/Bethesda v. Interplay">Company: Bethesda v. Interplay</a>

<p>A few days ago, <a href="../../forums/viewtopic.php?t=24979">we reported</a> that Bethesda was countering Interplay's counter of a motion by Bethesda which sought to limit Interplay's use of the <strong><em>Fallout</em></strong> license to only the name. Bethesda claimed that Interplay, when the original deals were signed selling the <em>Fallout</em> IP to Bethesda, only reserved the right to make a <em>Fallout</em> MMO in name only - the rest of the IP/universe (ie. Supermutants, Brotherhood of Steel, Vaults, etc) could not be used. This motion has been denied, and, as one Interplay insider put it, was "laughed out of court." Here is the full text of the denial:</p>
<blockquote>
<p><em>Motion Hearing held on 1/14/2011 re [93] PARTIAL MOTION to Dismiss <em>Counts I and II of Interplay's Amended Counterclaim</em> filed by Bethesda Softworks LLC - Argued - "DENIED"; Interplay Entertainment Corporation has until February 7, 2011 within which to Comply with the Court's Ruling on Plaintiff's [70] Motion to Compel which was entered on 1/13/2011 (Paper No. 97); and the Parties will jointly advise the Court of any discovery disputes by March 1, 2011, all as stated on the record by Chief Judge Deborah K. Chasanow. (FTR - Derro - 2B) (td, Deputy Clerk)</em></p>
</blockquote>
<p>Our source further speculated on what course the court battle might take:</p>
<blockquote>
<p><em>At issue, will likely be the situation of Masthead saying that they are funding 20 million and I2G saying that they are funding 15 million, but it seems the money isn't all available up front but rather through the course of development. Bethesda argues that Interplay needed a 30 million line of credit up front to meet the contract. Interplay is saying, "No. it is just that we have to spend 30 million on the game through the course of development and have in place deals by the due date that will allow for this eventuality."</em></p>
</blockquote>
<p>Be sure to check out the wiki page detailing the background <a href="http://fallout.wikia.com/wiki/Bethesda_ ... >Interplay v. Bethesda battle</a> if you've forgotten what has led up to this point.</p>

[SenisterDenister]

And not a single fuck was given.

[Yonmanc]

I gave one

[Retlaw83]

This is pretty significant.

I see Bethesda thought out their legal strategy with the same skill they made Fallout 3's plot.

[Alister McFap II Esq.]

This is pretty significant.

I see Bethesda thought out their legal strategy with the same skill they made Fallout 3's plot.

AKA throw random shit at people, see what happens and hope for the best?

[Wolfman Walt]

This is pretty significant.

I see Bethesda thought out their legal strategy with the same skill they made Fallout 3's plot.

AKA throw random shit at people, see what happens and hope for the best? :?

I figured it was more like, "Copy everyone else's work, but somehow make it worse."

[hoochimama]

At issue, will likely be the situation of Masthead saying that they are funding 20 million and I2G saying that they are funding 15 million, but it seems the money isn't all available up front but rather through the course of development. Bethesda argues that Interplay needed a 30 million line of credit up front to meet the contract. Interplay is saying, "No. it is just that we have to spend 30 million on the game through the course of development and have in place deals by the due date that will allow for this eventuality.

No software house that I know of gets paid the total sum upfront, it's typically a much smaller % upfront and then through milestones, so that neither developer nor investor are ever down too much money.

Otherwise, claiming that 30 million would only be the initial payment, which would put the expected total funding at 9 digits, is even more absurd.

[Cimmerian Nights]

Who the fuck in their right mind would front Herve & Interplay 30M anyway?