Bethesda Softworks files lawsuit against Interplay over Fallout IP

Aol | Mail | You might also like GameDaily, Games.com, PlaySavvy, and Joystiq

BIGdownload

Send Feedback

Main Downloads Games News MMO Hub

Breaking Stories

Bethesda Softworks files lawsuit against Interplay over Fallout IP

Posted Sep 11th 2009 5:00PM by John Callaham
Filed under: Biz, MMO

Things have apparently come to a head between Interplay and Bethesda Softworks over the Fallout game license. Bethesda's parent company Zenimax Media bought the full Fallout rights several years ago but allowed Interplay to proceed, with certain conditions, with their plans for a Fallout-based MMO. Last April Interplay warned that Bethesda was planning to " . . . to terminate the trademark license agreement . . . for the development of FALLOUT MMOG" because those conditions were not met.

Now Gamasutra reports that Bethesda Softworks has filed a lawsuit against Interplay this week, alledging that Interplay violated Bethesda's Fallout IP rights when Interplay released Fallout Trilogy, a collection of the first two Interplay made Fallout RPGs along with their spin-off title Fallout Tactics. Bethesda claims that while Interplay has the rights to sell those games, it must send over all promotional and packaging artwork to Bethesda for pre-apporval. Bethesda says Interplay did not fullfill this requirement and also made agreements to sell the games via digital download sites without Bethesda's approval.

Bethesda claims Interplay's actions have caused Bethesda "immediate, substantial, and irreparable harm" since they claim consumers would confuse Fallout Trilogy with Bethesda's own Fallout 3. Bethesda is seeking the termination of their previous MMO agreement with Interplay and that Interplay pay for damages and fees. They are also seeking an injunction against the sale of Fallout Trilogy and all of Interplay's back catalog of Fallout games.

Tags: bethesda-softworks, breaking, fallout-3, fallout-mmo, fallout-trilogy, interplay, zenimax-media

Reader Comments (Page 1 of 1)

Hmm...interesting. I didn't know the Fallout Triple Pack (FO1,2, & Tactics) were being re-released until a few months ago I was in Target & saw it in the PC gaming section. The packaging of the game says that Bethesday owns the rights...but as this article states it could be confusing if Interplay indeed did NOT contact Bethesda ahead of time regarding packaging design. I'm sure it all comes down to what exactly was in the clause/contract regarding packaging even though they were allowed to continue to sell the original FO games.Posted at 6:51PM on Sep 11th 2009 by NintendoJunkie

normally I side with the little guy, but this is just stupidity on their part, Zenimax has a in-house publisher, so why did Interplay publish the triple pack through a different publisher, (I'm guessing they did, i doubt at their size they can publish and manufacture themselves) instead of going to their parent company and ask them to publish it?

Interplay has used this last-chance that Zenimax gave them very poorly, and it sadly reflects a lot of game development studios that were amazing in the 90's, now. They are unable to adapt to newer technologies, so they cheat, steal, and lie their way around to get food on the table, and never deliver a tangible product. This is true for a lot of studios, 3D Realms...etc. Remember the guys limbo of the lost? They were a big deal when it came to point and click adventures in the last decade, now their stealing others work just to finish their game!

I really hope this trend doesn't continue with the studios that are now at their prime...one of them being Bethesda.Posted at 2:53AM on Sep 13th 2009 by Sam