Bethesda suing Interplay over Fallout MMO

by David Hinkle on Sep 11th 2009 8:30PM

Things weren't looking good for Interplay earlier this year and, uh, much hasn't changed since then. Even though the company had virtually no money, it still wanted to make the Fallout MMO, Project V-13. Well, Interplay's got another hurdle now: Bethesda. The Oblivion and Fallout 3 developer claims that Interplay infringed on its trademark, court documents show. Interplay disagrees, obviously, and says it still holds the rights to develop the title with Masthead Studios, even though it failed to commence the stipulated full-scale development by April 4, 2009.

Gamasutra has more info on the lawsuit, which also mentions Interplay's licensing of the original Fallout games for digital distribution through services such Steam, GOG.com and GameTap. Bethesda says this has caused "immediate, substantial, and irreparable harm." But, hey, it's not all frowns and sad faces. Above this text is a neat piece of concept art for Project V-13 from Natiq Aghayev. Man, we never thought post-apocalyptia could look so good.

Source - Court documents [Via VG247]
Source - Gamasutra

[image credit]

Tags: bethesda, Bethesda-Game-Studios, Bethesda-Softworks, bethesda-v-interplay, fallout, fallout-3, fallout-mmo, interplay, lawsuit, mmo, project-v13, RPG

Reader Comments (53)

DEV FIGHT!!

So Bethesda are suing the original creators (or publishers) for infringing on the trademark that THEY originally made?

Total dick move. I enjoyed Fallout 3, but if this kills my chance of playing a new traditional Fallout game (even if it has to be an MMO), they'll lose my respect - which carries about as much weight as an internet petition, but it's the principal of the matter!

Noo... reread the article, will you? The agreement was that they'd have access to the IP for an MMO as long as they started development on it by April. They haven't, so they forfeit the IP.

the creator of the IP doesn't matter, only whoever owns it. Interplay, btw didn't have to sell the IP to Bethesda, they chose to.

Interplay is not what they once were and should just disband already. If anyone thinks they will magically rise from the ashes, they are sorely disillusioned. Their time has come and passed.

Plus, total dick move by Interplay to make contracts and not follow through. I'm sorry but as annoying as it is to do court battles, Bethesda is in the right here, and im sure they tried to sort matters out with Interplay before filing, it is cheaper that way after all.

So it's a dick move to buy the rights to something, then be mad when the person who sold you the rights continues to act as if it owns them? I guess Bethesda should have just given Interplay a huge pile of cash to keep it afloat and expected nothing in return.

Now, I'm sure there's legal fine print here, but the whole point of buying something and negotiating a deal is that both sides are supposed to abide by it. Clearly, at least one of the two parties involved with this deal aren't abiding.

Go Bethesda

You're one of the most insufferable posters I've witnessed in this place.

I'd more readily propose that of you Discotheque

On what grounds my good man?

Ohhhh... I don't know, I'm just being a pain, I will proceed to down-vote myself. I have been shamed.

Now now Adam and Disco, let's not get a brawl going in the courtyard.

Settle this like gentlemen: A chivalrous duel with fencing rapiers.

Now now Master Jinsenken. The gentleman has apologized. All is well now.

Now if you two would be so kind as to join me in the smoking quarters, bring your pipes and tobacco of course.

If you ignore the trolls they'll get bored and fall asleep.

-Complete- dick move by Bethesda. They didn't even get fallout 3 right. Can't wait for New Vegas, which goes to show that at least Bethesda does one thing right: Pays another company to make a good game for them.

Also, big LOL's go out to:

"Above this text is a neat piece of concept art for Project V-13 from Natiq Aghayev. Man, we never thought post-apocalyptia could look so good."

Yeah, that's what a real PA game looks like, not Bethesda's regurga-tron-3000.

How did they "not get fallout 3 right?" Fallout 3 was a brilliant game, and one of epic proportions at that (I'm playing through my third time, and STILL finding new and interesting little details and areas. And I fail to see how this is a dick move. Bethesda legally owns the fallout license. Interplay messed up, they missed their deadline, and forfeited their rights. There is nothing arguable about this; this is numbers and laws.

Falout 3 wasn't a bad game, it just wasn't Fallout.

"Falout 3 wasn't a bad game, it just wasn't Fallout."
I disagree, I saw it more as an evolution of Fallout. Fallout 3 couldn't exist without Fallout 1 & 2- the story, mechanics, and themes were all in it. It was just first person.

No I agree, Fallout 3 was not as good as 1 and 2. I really wanted to see Interplay's version of Fallout 3 before it was sadly canned and Bethesda took this franchise.

The majority that say that 3 is brilliant have never played the first two games, I'd like to hear from those that played the first two games and see what they think of 3.

I really want to see New Vegas as its being made by some of the original team of 1 and 2, show Bethesda how its done!

I am a huge fan of Fallout and Fallout 2, never really got into Tactics much, I even played Fallout: Brotherhood of Steel on the PS2, which is a really good example of a bad Fallout game.

I personally LOVE Fallout 3. It has the tone and feel of the originals in spades. I always have Fallout 2 installed and play it constantly, but Fallout 3 is a fantastic evolution of the series. It may take away the third person isometric view and replace it with first person, but I am playing the game for the story, people and locales. There are things I would like to see done better, but I think Bethesda has the respect for the series to carry it forward, hiring Obsidian to do the next installment was a good idea and I look forward to that as well as the next "full" game.

@RKN: I played through both Fallout 1 and 2 when they were released 10+ years ago, and I loved them. However, I thoroughly enjoyed Fallout 3.

I don't think it would have been realistic to expect 3 to be anything like 1 and 2, considering the RPG genre has changed a lot since that type of isometric perspective (although Fallout: New Vegas could bring that back).

Fallout 3 suffered from becoming way too easy and not taking advantage of effects of radiation levels, broken bones, etc. (of course the mod community soon remedied all that for the PC, thus making it an even more incredible game. That and the Cube DLC from SureAI is the best DLC mod I've ever played).

Anyway, you asked so I answered :).

I personally wanted to see a continuation of Fallout 1/2's settings in California, the West Coast. I am very disappointed by the lack of towns in 3 (Megatown and Rivet City pretty much it) when 1 and especially 2 had many to explore. It takes place many years after 2 and yet your setting makes it look like the nuclear war just happened a short time ago, there is much less development and life in the Capital Wasteland than California.

Fallout 3 and Broken Steel also had a bad ending, not much closure, what happened with the Mutants, Talon Company, etc? I liked the closure of when you defeated the Master and mutants in the first game and they just come back in 3 via a Vault experiment and are much more stupid and backwards than in 1/2?

Fallout 3 is not a bad game, I have wasted many hours of it, but it fails to have the magic of the first two. I cannot wait to see what Obsidian will cook up. I personally feel that Bethesda should stick to Elder Scrolls and let someone else do Fallout, just my opinion.

I hope Bethesda loses the case and has to pay a bunch of money to Interplay, simply so they don't have so much of my money, which I willfully handed over to them for a lunch box and DLC, and that money I intend to give them when I want the rest of the DLC I haven't yet purchased.

They deserve it for not bringing it over to PS3.

I shouldn't take it personally because you guys have proven yourselves, time and time again, to be complete morons, but to thumb me down for making a bad joke about giving Bethesda all my money... right.

"If Bethesda prevails, Interplay would lose the rights to develop the Fallout MMO."

Are they actually truly SUING Interplay (for money), or is this more along the lines of a cease-and-desist?

Not all lawsuits are about monetary exchanges.

"Not all lawsuits are about monetary exchanges."

I lol'ed.

Seriously dude, you're diluted. Yes they are. Money is ALWAYS the reason for lawsuits. ALWAYS. Period. Even if they aren't the supposed main reason they will still seek money damages to cover attorney fees and wet their beak.

Sad to see Bethesda bulling an old weaker developer. Bethesda is full of a bunch of lazy arrogant twats. They have the nerve to blame their half assed animations on the game engine they licensed when MMO’s using the same game engine have better.

Bethesda is not seeking any monetary gains from this lawsuit, only to strip Interplay of all rights to Fallout.

I repeat, Bethesda is not seeking any form of monetary gain from this lawsuit.

"Seriously dude, you're diluted."
Well you're damn near homeopathic!

"Seriously dude, you're diluted"

I lol'ed, too.

Whoops. Serves me right for going afk and not hitting "refresh" before I posted my comment. I got scooped!

Bethesda has made two of the best games this gen, so I side with them for almost everything. Now that they have id, they can fix the few problems with their games and be next to perfect. So go Bethesda!!

I agree, with id Software maybe Bethesda can fix their choppy animations.

On topic: Sounds like Bethesda is right.

They can't fix the generally ugly texture issues... ID has the same problems. Both devs need better texture artists, and modelers.

It's the gta effect. You're not gonna get top notch graphics with as much going on technically as these games have. That's why technically simpler games like fps' and racers tend to have better graphics. And that's ok by me.

@LegendaryRedass,

I take it you've only played Bethesda games on consoles then? There are modders who have retextured their games on PC and they look astounding. Not new models, and I believe the textures are even the same size as the originals... they just don't look crappy.

There are also modders who have done model replacements in addition to retexturing, and some of those look absolutely phenomenal. No, your reasoning might be an excuse from the developers, but it's a bullshit answer.

Also I should note that I'm a longtime Bethesda fanboy, and never once have they been noted for texture skills; it's been a problem for them as long as they've been making games.

After reading a similar arcticle on Big Download, it seems that a few months ago when Interplay re-released Fallout 1, 2, & Tactics it was ok as per their agreement w/ Bethesda, however what was ALSO an issue is the fact that they didn't contact Bethesda to APPROVE the graphic design on the packaging. Bethesda also didn't want anyone to confuse the packaging w/ Fallout 3 on retail shelves & buy it instead of FO3.

Although it may seem that Bethesda is being unreasonable about it, if Interplay broke any contract/agreement, Bethesda has every right to do what they did. Interplay sold the IP to Bethesda. It's THEIRS now. Bethesda could have made a game about candy canes & lollipops & still could have called it Fallout 3.

So even though they didn't have it approved it's really up to the customer not to be a idiot and read the label.
If that really was the case the judge would most likely say no that's not a good enough reason to sue.

I don't care who sues who, someone here needs to stop whining and give us a good Fallout MMO...

Although the gameplay is hard to get into these days (I didn't enjoy it that much), Interplay's work on the story and moral choices easily eclipsed Bethesda's work. Much more deep and disturbing. In a perfect world we would get Id doing the shooter work, Bethesda doing open world (with somebody polishing animations and bugs out), and Interplay in charge of all story and character aspects.

Because if there's one thing that Bethesda is heavily flawed in (bugs withstanding) it's the damn story aspect of their games. Also their characters. So shallow and boring.

Yeah that bit seemed a bit ridiculous to me as well. I can see why they would say that, but on the other hand the box art of each separate game(s) looks NOTHING like each other. The only exception being the type of font used in the Fallout logo.

That was in response to Joey.

Said "irreparable harm" is letting people who only played Fallout 3 have a chance to see how badly Bethesda butchered the franchise by playing the two good ones.

Exactly! Its a shame many of those that have played 3 never got a chance to play the first two and which now look too dated for them to play.

Wow, where is all this faith in Interplay coming from? They PUBLISHED Fallout 1&2. Black Isle made them, and whats's left of them are working on Fallout: New Vegas.

I guess everyone here really must have REALLY liked Fallout: Brotherhood of Steel.

Your post should be required reading.

stop talking sense!

Hahaha. You're right. I can't believe I didn't realize that until now. That's what makes me so excited for Fallout: New Vegas.

It should be much more compelling in the narrative.

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Bethesda suing Interplay over Fallout MMO

Reader Comments (53)

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