Bethesda Says They’ve Been Consistent With Interplay Claims – Or Have They?

The drama continues as the future of the Fallout MMO hangs in the balance.  More legal documents have been poured over and it looks as if Bethesda may have been caught with their pants down.

Just yesterday we reported that Interplay had called Bethesda’s claims that they were only given the Fallout “name” and not allowed to use any elements from the Fallout universe, “Absurd”  Well today, this is what Bethesda had to say:

Ignoring these determinative facts, Interplay seeks to create confusion and ambiguity where none exists. Interplay’s opposition is in its entirety based on the unsupported contention that the term “FALLOUT-branded MMOG” is somehow “ambiguous.” Interplay seeks to introduce extrinsic evidence to alter the clear language and terms of the parties’ agreements. Parol evidence, however, is neither permitted nor warranted here. The term “FALLOUTbranded MMOG” is plain and clear on its face – it means an MMOG named FALLOUT. Bethesda gave Interplay a license to call its MMOG “Fallout” if it met the conditions of the TLA. (See Bethesda Mem. at p. 5.) Nothing else was licensed to Interplay. The APA and TLA also contain undisputed, unambiguous integration clauses prohibiting admission of extrinsic agreements or understandings.

Now this seems reasonably iron clad based on the legal language – so let’s just assume for a second that Bethesda had NO IDEA Interplay planned on making a Fallout MMO that would actually take place in the Fallout universe.  Are we all imagining that?  Good.  However – concept screenshots submitted as court evidence back in 2009 clearly show Interplay developing a game that contains Super Mutants and Nuka Cola.  Two very persistent elements of the Fallout universe.

Yep, that's a Super Mutant alright . . .

Refreshing Nuka Cola.

According to TheVault:

“Bethesda only recently learned of Interplay’s multiple infringements from Interplay’s public marketing materials”.

Interplay actually started releasing official materials using Fallout assets in June 2010, over 6 months before Bethesda made this claim. And proof of concept screenshots with super mutants and Nuka-Cola were admitted as court evidence back in 2009.

So why now Bethesda?  You really had no idea Interplay was going to make a Fallout MMO set in the Fallout Universe?  You never saw those concept screenshots that were submitted as court evidence that even ‘we’ have seen?

Bullshit.

Source: TheVault (Thanks as usual to Ausir)

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  • http://twitter.com/realgamernewz Jon Ireson

    This is complete bull, I heard about the details of their contract they were supposed to raise and spend at least 40 mill on production and have the game out by a certain date and if that all went smooth the deal is on. Bethesda has to honor that if they remained in those stipulations. And why shouldn’t they? A Fallout MMO is going to be fantastic and pave the way for an Elder Scrolls MMO.

    Not to mention this looks way better than I originally expected Interplay to pull off when I first heard about it. At least it’s not some top-down crap!

    I Officially HATE Bethesda now…

    Why are you trying to stop the Fallout MMO which YOU commissioned to be created? It looks great! What the hell is the problem??

    • Dave Oshry

      I wouldn’t go so far as to say hate. But I really don’t see what the big deal is. What are they on about? Why don’t they just let them try to make a good game. If they fail, then they fail – at least they gave it one last shot. I still have faith in Interplay.

      • http://www.myspace.com/deathstrikevirus DeathStrikeVirus

        Don’t forget, that the remains of Black Isle (Interplay) got in trouble with Zenimax when they released the Fallout Collection. It had Fallouts 1 and 2 and all the expansions. They sued because they claimed that Black Isle didn’t have the rights to any part of the franchise anymore and that they were capitalizing on Fallout 3′s success. This happened shortly after FO3′s release.

        Bethesda ALSO knew about the MMO back when they sued Interplay over the Fallout Collection. They threatened to try and stop development if the game wasn’t released quickly enough.

        • http://twitter.com/realgamernewz Jon Ireson

          Yeah but Black Isle didn’t have the rights from what I can tell. This MMO is a different story, it’s a contract Interplay agreed upon…

          • http://twitter.com/realgamernewz Jon Ireson

            Meant to say *Bethesda, after all they own the Fallout IP in its entirety now.

        • Belchfast

          No need for more uninformed bullshit, we’re getting enough from bethesda’s lawyers.

          Interplay has the rights to sell fallout 1, 2 and tactics. Bethesda claimed that Interplay’s marketing was misleading, which is open to debate, as the package they were selling with both fallouts and tactics they had titled, “Fallout Trilogy”.

          Interplay retains the rights to sell these games and has since changed the packages name to “The Fallout Collection”

          • Dave Oshry

            Now now, be nice to our readers Belchfast. You can educate with eduhate. :-)

            He is correct btw Jon.

          • http://twitter.com/realgamernewz Jon Ireson

            @Dave

            Ahh, thanks that clears that up, but what about Fallout Online? I’m gonna lose sleep over this, I want my Fallout MMO!

          • Dave Oshry

            Fallout Online is what this is all about. We’ll just have to wait and see what happens.

  • Komradius

    oh and thanks for rogue warrior bethesda… that was a good move.

    • Dave Oshry

      Ouch.

  • Syphon_Filter5

    I don’t no why these companies keeps fighting and fighting. They should come along and develop a great game.

  • mark

    Interplay has no rights in this case, they sold the franchise and all rights and agreed that their MMO could only be made under certain conditions.

    Not Bethesda’s fault you signed, now deal with it.

  • http://www.gamercoffee.com Seth

    I love how Bethesda says that the contract terms were unambiguous but then has to give its own meaning as to what the contract meant. The Contract was obviously written poorly enough to be for them to make that argument, but anyone would understand a contract selling the Fallout franchise but retaining the right to make a Fallout MMO means a Fallout Universe related game.

    Bethesda is grasping at straws trying to give their own meaning to terms and then say that it was “unambiguous”, when the obvious meaning to the language is the OPPOSITE to what they are saying.

    • http://twitter.com/realgamernewz Jon Ireson

      This is how I see the issue as well and it’s honestly sad because they could just let the game release and everybody makes money and goes home happy, then proceed to do w/e they want thereafter.

      My guess is that they may be worried about the reliability of Interplay to run this game and worried they might ruin the Fallout image (which is much bigger now thanks to Bethesda) however they should have thought about that before signing the contract! It’s too late to change your mind now…

      • http://Www.gamercoffee.com Seth

        Bethesda is playing a dangerous game because if interfering with Interplay this way is found to be a breach of the contract with Interplay, they stand to lose a LOT. Namely: the rights to a franchise they recreated into a power house. Just imagine the egg on their face if that happened. Heads would roll… and should.

  • Siedem70

    It’s actually pathetic that  Fallout: Online is not going to be on consoles (PS3, XBOX…)
    I wasted my time waiting for it…an anyway, from what i read on the other sites, it will be isometric…what the..? i’m a newbie in Fallout series, the first game of the series i own and played is Fallout: New vegas, i was amazed, the best game i played! i think i would have to say it has to beat GTA4 ;)

  • Siedem70

    It’s actually pathetic that  Fallout: Online is not going to be on consoles (PS3, XBOX…)
    I wasted my time waiting for it…an anyway, from what i read on the other sites, it will be isometric…what the..? i’m a newbie in Fallout series, the first game of the series i own and played is Fallout: New vegas, i was amazed, the best game i played! i think i would have to say it has to beat GTA4 ;)

  • Siedem70

    It’s actually pathetic that  Fallout: Online is not going to be on consoles (PS3, XBOX…)
    I wasted my time waiting for it…an anyway, from what i read on the other sites, it will be isometric…what the..? i’m a newbie in Fallout series, the first game of the series i own and played is Fallout: New vegas, i was amazed, the best game i played! i think i would have to say it has to beat GTA4 ;)