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January 22nd, 2011, 22:13
Originally Posted by Brother None View Post
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.
It may be a different document but I didn't see anything that says Interplay has the rights to release the older fallout games - only to develop the MMO. I think that was actually one of the turning points in the Interplay-Bethesda relationship. The only thing that I can find is that Bethesda is the sole owner of anything with the name Fallout or a concept derived from the game universe. So, I agree with you that Bethesda must have some amazingly inept lawyers.

@skavenhorde: Actually, it would greatly benefit Bethesda to let Interplay do the MMO. They would get 12% of all profits. From a business standpoint, I think 12% of something that did not require any initial investment (besides buying the franchise of course) is a solid win. The fact that Bethesda doesn't want to continue with Interplay tells me that they found their faith misplaced in Interplays ability to produce anything.

Don't think I'm some blind Bethesda fanboy. I was disappointed when I heard that Bethesda was making Fallout 3 and even more so when they bought Fallout. But, I have grown quite tired of Interplay's ridiculousness.
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