Originally Posted by Brother None
You misunderstand their claim. Interplay sold all rights to Bethesda while licensing back the right to sell the old Fallouts and to produce a Fallout MMO. Bethesda claims Interplay has not lived up to its end of starting production on the MMO and has thus waived its rights (well possible, but not proven conclusively in court). Interplay, however, claims Bethesda has been interfering in both Interplay's right to sell the old Fallouts and in its work on the Fallout MMO.
If Interplay's latter claim is proven in court, Bethesda has been acting in bad faith and the contract is annulled. This is extremely unlikely, but it is not impossible, and that's what Eric Caen is referring to. If this contract is annulled, we revert to the previous (licensing) contract, and Bethesda is considered to have producted Fallout 3 and New Vegas under license, with Interplay holding full ownership of the Fallout license. Bethesda would have to retroactively pay 12% of revenue to Interplay and would be allowed to produce only one more Fallout (Fallout 4).
Again, it is extremely unlikely (from the outside looking in), but from a legal viewpoint, it's not impossible.