Interplay: Bethesda knew Fallout Online was set in Fallout universe
As Interplay continues to battle Bethesda to make a Fallout MMO, a new filing from the faltering publisher dismisses Bethesda's claims that it only ever licensed the name "Fallout" itself, not its post-apocalyptic world.
The legal battle between former Fallout property owner Interplay and current caretaker Bethesda is continuing its descent into arguing silly points. The latest development revolves around Bethesda's claim that it only licensed the "Fallout" name itself to Interplay for its Fallout MMO.
Bethesda made this unusual claim in December 2010, saying Interplay had no right to use any of Fallout's setting, characters, or story in Fallout Online, only the name. In a new filing this month, dug up by Gamasutra, Interplay insists Bethesda well aware that Fallout Online was based upon the post-apocalyptic RPG and never objected before.
"For at least four years, Bethesda has known that Interplay interpreted its right to create the Fallout-branded MMOG to include copyrighted content from the Fallout universe in order to make the MMOG a recognizable Fallout game," says the June 23 court filing. "Bethesda never objected and did not seek an injunction because it knew Interplay was doing exactly what the parties intended under their agreements."
Bethesda's claim that Fallout Online would "confuse and confound" players of Fallout 3 due to plot conflicts is turned back around on Bethesda. "This is ironic because Bethesda contends Interplay should have created an entire game of incompatible story, characters, and art and labeled it Fallout only in name," Interplay says.
It certainly is difficult to believe that Bethesda thought the Fallout MMO would be Fallout in name alone. However, ultimately it'll come down to the exact wording of the contracts, which both parties doubtless interpret differently.
Interplay had retained the right to make a Fallout MMO when it licensed, then later sold, the Fallout IP to Bethesda. The MMO agreement required Interplay to enter "full-scale" development with a minimum of $30 million in funding by April 4, 2009. There were also a number of clauses that'd allow Bethesda to vet the game's quality. Bethesda claims that the conditions were not met and so Interplay's license was automatically cancelled, which Interplay naturally contests.
Fallout Online is being developed internally at Interplay in conjunction with Earthrise dev Masthead Studios. Interplay has said that it'll enter public beta testing in 2012, then launch in the second half of 2012. Assuming it survives this legal battle, of course.
-
Alice O'Connor posted a new article, Interplay: Bethesda knew Fallout Online was set in Fallout universe.
As Interplay continues to battle Bethesda to make a Fallout MMO, a new filing from the faltering publisher dismisses Bethesda's claims that it only ever licensed the name "Fallout" itself, not its post-apocalyptic world.-
-
-
-
-
Come on Bethesda! Interplay created these wonderful post-apoc games! You made a deal with them and put your loving stamp on them and created great successors to the setting in exchange for letting the original developers and creators to move the game into an online MMO, and now you try and cockblock them? For Shame!
-
-
-
The contention from the filing is that Interplay was not working on the Fallout MMO. They had targets to meet. Here they are:
Specific requirements were stated in the agreement that if not met, Interplay would immediately lose and forfeit its license rights for Fallout. Development must have begun within 24 months of the date of the agreement (April 4, 2007), and Interplay must have secured $30 million within that time frame or forfeit its rights to license. Interplay would furthermore need to launch the MMOG within 4 years of the beginning of development, and pay Bethesda 12 percent of sales and subscription fees for the use of the IP.
The problem comes with not only did they not actually start development (they signed a deal to have Masthead develop the game on April 2, 2009, 2 days before the contract term expired), in their later financial filings they admitted that they did not have enough money to fund development, and worse, only had a team of 12 part-time workers on the MMO.
So that's why they're rightfully being sued.-
Here's some more backstory: http://www.escapistmagazine.com/news/view/110516-Fallout-Online-Threatened-By-Interplay-Financial-Woes
All of which is unfortunate for the once-mighty Interplay but not necessarily of any great interest to gamers. What is of interest, however, is summed up in one short, succinct sentence near the top of page 5. "We may not be able to successfully develop a Fallout MMOG," it says.
The company has no credit agreement or credit facility and admits that it will probably take a beating on any new deal it does manage to put together; it may be forced to raise money through equity offerings or debt financing, which will probably result in a "substantial dilution" of value for current shareholders; it may be forced to seek bankruptcy protection. The list goes on.
-
-
-
-
-
-
-
-
-