Bethesda Sues Interplay

[Sliver]

http://www.gamasutra.com/php-bin/news_index.php?story=25226

Fallout rights holder Bethesda Softworks has made good on its threat to sue developer Interplay for allegedly failing to hold up its end of agreements inked in April 2007.

The plaintiff said because of the alleged trademark infringement, consumers have become confused between the makers of the pre-existing Fallout games and Bethesda's more recent Fallout 3 -- a situation that Bethesda wanted to avoid.

What consumers are confused by this? Like one of the comments says: Any gamer worth their salt is going to know the difference between the companies and the styles of each of the games.

 

[Barnz]

Screw both of them. They both want to milk Fallout to death.

 

[Asknoone]

Bethesda is an immeasurably poor developer and publisher, though Interplay isn't exactly squeeky-clean. Perhaps they can destroy each other? Though I abhor the former far more for their worthless entry in the franchise.

 

[Absinthe]

Bethesda also accused Interplay of breaching the trademark agreement by signing licensing agreements with digital distribution sites like Steam, GOG.com, and GameTap to sell older Fallout games. The company claimed Interplay's alleged actions have caused the studio "immediate, substantial, and irreparable harm."

Are you ****ing serious?

 

[LoneWanderer]

Bethseda's just being a bitch. What irreparable harm can be done by releasing FO 1 and 2 out to the public?

 

[Gunner]

Bethseda's just being a bitch. What irreparable harm can be done by releasing FO 1 and 2 out to the public?

Apparently they will play the original fallouts and realize just how bad Bethesda ****ed over the fallout franchise.

 

[Absinthe]

Despite my dislike of various aspects in Bethesda's treatment of the Fallout series, part of me thinks that Interplay just needs to be put down already. It's not like they were churning out gold with it after Fallout 1 and 2 any way, and I doubt they've made any kind of substantial progress on the MMO.

 

[Kadayi]

Bethesda would be better served in not going down this route, no one likes a bully.

 

[Sedako]

Despite my dislike of various aspects in Bethesda's treatment of the Fallout series, part of me thinks that Interplay just needs to be put down already. It's not like they were churning out gold with it after Fallout 1 and 2 any way, and I doubt they've made any kind of substantial progress on the MMO.

Not until I get a proper Earthworm Jim 3!

 

[Apocalypse89]

After reading some of the comments in the article, I have to admit that Bethesda may have a point in the "Fallout Trilogy" issue. Someone who isn't familiar with the series but has heard about FO3's recent success would see Interplay's Fallout Trilogy and assume it contains Fallout 1, 2, and 3, when it doesn't.

It may sound like a stupid mistake to gamers like us who closely follow the gaming press, but 90% of customers don't do much research on a game before buying it and most of them are probably completely unaware about the drama surrounding Fallout's IP.

 

[Kadayi]

Interplays Fallout Trilogy was on sale before Fallout 3 was even announced though. Admittedly it was a mistake to sell it as such bundled via Digital portals, but there is equally an argument that Bethesda could of called Fallout 3 Fallout: (insert tag name here) rather than gone with the 3 (which traded off 1 & 2), given the interplay bundle was already out there.

Personally I'm hoping the judge throws this out tbh, as its a financial shakedown by Bethesda to try and force Interplay to relinquish the Fallout MMO rights they still hold.

 

[Apocalypse89]

I wasn't aware of that(the comments made it sound like the Trilogy was something Interplay had recently released), so I guess you're right.

 

[DEATHMASTER]

Are you ****ing serious?

Sounds like a load of shit.

 

[Emporius]

Bethseda's just being a bitch. What irreparable harm can be done by releasing FO 1 and 2 out to the public?

It's the fact that Bethesda owns the rights.

 

[Krynn72]

It's the fact that Bethesda owns the rights.

The rights to fallout 3, not FO 1 or 2.

 

[Emporius]

The rights to fallout 3, not FO 1 or 2.

Wikipedia:

Fallout 4 is a future game that will be created and published by Bethesda Softworks after Fallout 3 (2008). Initially, in 2004, Bethesda licensed the rights to create and publish three Fallout games from Interplay. However, in 2007 the company purchased the entire franchise, with Interplay licensing the rights to a Fallout MMORPG from Bethesda.

Bethesda's Pete Hines said: "The whole reason we went out and acquired the license and that we now own Fallout is that we clearly intended to make more than one." He also added: "This is not something we're going to do once and then go away and never do it again. When that will be or how long that will be God only knows, but we acquired it specifically because we wanted to own it and develop it and work on it like we do with The Elder Scrolls."[9]

 

[Saturos]

I thought Interplay went under and gave up the ghost years ago?

 

[TheOneFreeMan]

Bethesda have done some great things for RPG immersiveness.

As a company, they're a bit of a prick.

 

[MorganFreeman911]

Apparently they will play the original fallouts and realize just how bad Bethesda ****ed over the fallout franchise.

This.
Oh god, this.

 

[LoneWanderer]

Interplay should only exist to release Van Buren. I don't think they could make Fallout MMO given to their obsolete budget.

 

[Acepilotf14]

This.
Oh god, this.

Not like anyone new will really play them.

Halo gen 'gamers' won't like them.

 

[Jintor]

This.
Oh god, this.

That, oh gods, that.

 

[Krynn72]

Wikipedia:

They still dont own the actual FO1 or 2 products. It just means Interplay can't do any new shit with the franchise.

I think.

 

[Kadayi]

The problem principally centres around the use of the word 'trilogy' with respect to packaging and online distribution. Its not much of a leap of imagination to think that some people might expect that something labelled 'The fallout Trilogy' would contain Fallout 3, rather than just fallout 1 & 2 + the tactics standalone. These sorts of misrepresentations are fairly common place, especially in the retail market place. The problem in this case is that Interplay were selling the Fallout Trilogy before Fallout 3 came out, so its debatable as to whether Bethesda they have a leg to stand on in forcing Interplay to withdraw the 'Trilogy' from retail, however there is an argument for a reclassification with respect to how the games are being sold digitally. They could just call it something like 'Classic Fallout pack'.

 

[LoneWanderer]

Yeah. You are right.


Bethseda is being too hard on Interplay though. Interplay is faring really bad and this isn't helping them. And selling Fallout as a trilogy of FO 1,2 and 3 wouldn't make much sense because 1 and 2 are much different from 3.

 

[lame-o]

Bethesda sucks, all their games are exactly the same just with different costumes, and they're not even fun. So **** em.

 

[Kyorisu]

Screw Interplay. As a company they are dead.

 

[Paulaner]

Wow, I don't understand the hate for Interplay. I have very fond memories of Interplay as a publisher. That name and that logo are tied to beautiful games. Also, aren't they dead already? Let's have some respect for the dead.

 

[VirusType2]

<3 Bethesda, <3 Interplay

 

[Xaxor]

Would this situation even exist if Interplay's upper management was smarter? No need to sell the franchise if you're making money, right? I know that contracts are often filled with legalese to spare, but if you're not following it, you're not following it. Can it be any simpler? I don't *hate* (or *love*) Bethesda or Interplay, but acting like assholes isn't the right thing for anyone to do.

 

[Combine Hybrid]

I thought Interplay was already dead? I had no idea they were still around.