Bethesda loses Interplay court battle

Fallout 3 publisher/developer fails to stop Interplay selling older games

Bethesda Softworks has failed in its attempt to have an injunction served against original Fallout 3 license holder Interplay, as a US District Court Judge finds in Interplay's favour.

According to court documents discovered by fan website Duck and Cover the judge's decision will mean that Interplay is still free to publish the original three PC titles (Fallout, Fallout 2 and Fallout Tactics) and the Fallout Trilogy compilation.

Interplay will also be free to continue work on its massively multiplayer online version of the franchise, currently known as Project V13.

Eric Caen, brother of Interplay boss Herve Caen, referred to the decision on Twitter by commenting: "I love justice!"

Bethesda had claimed that Interplay had broken the licensing agreement between the two companies, dating back to August 2007, when it failed to consult the company over the packaging design and marketing for Fallout Trilogy.

Making the compilation available via Steam and other download services has also angered Bethesda, who claim that customers could become confused between the compilation in particular and 2008's Fallout 3.

The status of Project V13 has also been a bone of contention, with Bethesda claiming that because full scale development on the project has not yet begun the rights to make a Fallout MMO should revert to them.

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Latest comments (1)

Mat Bettinson Business Development Manager, Tantalus Media8 years ago
As I understand it the licensing agreement specifically mentions that a Fallout MMO project needed to be in "full production" by the 4th April 2009 and to "secure certain funding for the MMOG". If they lost this in court I guess it came down to the court believing that the MMO was in fact in production on that date.

And miraculously on the 3rd of April Interplay announced they had funding for "Project V13" from Masthead Studios. These Bulgarian dudes must have deep pockets to be funding both the V13 and Earthrise MMOs!
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