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We interrupt your regularly scheduled apocalypse to bring you some breaking news.
The much maligned Project V13, once known as "Fallout Online" is not as dead as some feared. Eagle eyed spotters might have noticed that Interplay had left its release as TBA...
Well, here's the skinny on what Project V13 is going to be now...
- Project V13 (PV13) is the first planned Black Isle Studios release in years, a post-apocalyptic strategy RPG. You will create a character to represent yourself within the game world. Your character will be a hardy adventurer from a variety of backgrounds; one of the last remaining humans, a new breed mutant, or a technologically advanced cyborg. The choice is yours.
- Once you have determined your character's backgr…
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FALLOUT® MMO RIGHTS RESTORED TO BETHESDA SOFTWORKS® IN INTERPLAY LITIGATION
All Fallout® Intellectual Property Rights Belong Exclusively to Bethesda
January 9, 2012 (Rockville, MD) –ZeniMax® Media Inc. today announced that a settlement had been reached in the lawsuit filed by its subsidiary, Bethesda Softworks®, against Interplay Entertainment Corporation in 2009, Bethesda Softworks LLC v Interplay Entertainment Corp., seeking cancellation of the license granted to Interplay to develop a massively multiplayer online game (MMO) based on the Fallout brand. Bethesda maintained in its complaint that Interplay had failed to meet the conditions for the license and the license was therefore of no continuing validity.
Under the terms of the settlemen…Read more >
I've received a partial transcript from the 12th of December hearing in the Bethesda v Interplay Case. As you may expect it includes legal antics from both sides, as well as a few tidbits from [Fallout Online]. Due to the nature on how my source received these, they are difficult to read, so I may have missed some points - I'll update this posting with anything else that comes to light.
The part transcript seems to be an argument about the admissibility and relevance of one of Interplay's pieces of Evidence - an internal wiki. In part it gets rather humorous as the concept of a wiki is explained to the court (This was at her honours insistence that this be described for the court, although I have a feeling this was more for completeness …
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So, in response to yesterday's news of Bethesda's motion in limine against Interplay, they have countered with their own. Pasted directly from Duck and Cover (it's lazy journalism on my part but some serious browser issues are preventing me from writing out my own interpretation as I usually would, apologies):
Now Interplay has fired back, filing their own motion in limine in order to try and stop Bethesda from producing new evidence in the form of an expert witness that was not at discovery. The expert witness is Thomas Bidaux, former Director of Product Development at NCSoft Europe and now a founding partner at consulting firm ICO Partners. Interplay's lawyer, Mr. Gersh, has attempted to work out an arrangement to depose Bidaux, but Bethe…Read more >
Duck and Cover reports that Bethesda has filed a motion in limine against Interplay. Only a fragment of the complete document is available, but it appears as though the "trademark and copyright license" claim is being used to bring up the "Fallout name only" argument once more.
Wanting proof of funding and development is fine, but then "They must present evidence, but they aren't allowed to present evidence".
Make your own assumptions, but this fragment of the filing paints a strange picture indeed.
UPDATERead more >
Bethesda Softworks's second motion for preliminary injunction in the Bethesda v. Interplay lawsuit over Fallout Online rights was rejected in August and the company appealed from the ruling.
United States Court of Appeals has now determined that Bethesda "failed to establish a likelihood of irreparable harm" and rejected the appeal. Looks like we'll learn about further development of the legal struggle after the trial by jury in December.Read more >
It looks like the legal fight over the rights to Fallout Online no longer consists only of the Bethesda v. Interplay case. Gamasutra reports that Bethesda Softworks has also sued Fallout Online co-developer Masthead Studios, but has just been denied a restraining order against the Bulgarian company. Here's a quote:
- This week, U.S. District Judge, the Honorable John F. Walter, denied the temporary restraining order requested by Bethesda against Fallout MMO co-developer Masthead, even before Masthead offered up an opposition to Bethesda's request for a temporary restraining order.
- "[Bethesda] has not demonstrated that it will be irreparably prejudiced if the requested ex parte relief is not granted, or that it is without fault in creating the cris…
Legal war never changes. After Bethesda Softworks' motion for preliminary injunction against Interplay Entertainment was denied again, Bethesda now appeals the court ruling on that again as well. Here's a quote from the latest court filing:
After their previous motion for preliminary injunction was denied, Bethesda first fired their law firm and hired a new one, and then dropped the appeal. Will history repeat itself again in these regards as well?
As a reminder to those who are not well versed in legal terms, a preliminary injunction would prevent Interplay from continuing its work on Fallout Online and its sale of the original Fallout games, including the Fallout Trilogy pack until the final verdict on the Bethesda v. Interplay case is made. Even …
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Back in June, we informed you that Bethesda Softworks filed for preliminary injunction against Interplay for the second time in their Bethesda v. Interplay litigation, this time, among other things, claiming that Interplay was guilty of breaking Fallout canon, while at the same time claiming they had no right to use any of the canon at all. If the injunction was granted, Interplay would need to immediately stop their work on Fallout Online.
However, it looks like preliminary injunction was denied again. We were not able to access the whole thing, but here's a summary:
While it doesn't mean that the future of Fallout Online is entirely safe (Bethesda might still win the lawsuit as a whole), Interplay can, for the time being, continue working on t…
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Duck and Cover has been able to obtain court documents from the Interplay vs. Bethesda court case which gives new details on Fallout Online.
That's larger then the state of Wisconsin, or in game perspectives, larger then Elder Scrolls II: Dagger Fall. Read more >