They are. The Bulgarian studio is largely providing the engine and technical assistance. Interplay has several developers working on FOOL, including Jason Anderson for a while, and now still Chris Taylor and Mark O'Green, all former Fallout devs. And Serge Suleiman, formerly of Obsidian (did the world art for Alpha Protocol).
Bethesda would still be allowed to produce Fallout 4 if the contract reverts. ZeniMax Online is presumed to be working on TES Online. And any further DLC for New Vegas would not be blocked regardless of contract status. I doubt the game is currently further licensed out for a spin-off.
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.
The right to distribute the pre-existing Fallout games is covered in the Asset Purchase Agreement, while the license to develop the MMO is covered in the Trademark License Agreement.
Exactly, Bethesda bought the rights to the old Fallout games but Interplay took it upon themselves to release a fallout 1 + 2 (and Tactics, I think) package a year or so ago, without Bethesda's permission.
EDIT: And I really don't see why everybody thinks that Bethesda is the "bad guy" here. Sure, they aren't going about it professionally but I seem to remember Interplay overstepping their legal rights before, with BioWare. They decided to license the Infinity Engine to somebody without BioWare's permission (I must add the required "iirc" here).
Exactly, Bethesda bought the rights to the old Fallout games but Interplay took it upon themselves to release a fallout 1 + 2 (and Tactics, I think) package a year or so ago, without Bethesda's permission.
I was under the impression that the Interplay team on the Fallout MMO would be handling the design part of the game, where as Masthead (the developer) would be handling all the rest, presumably after they complete their own MMO.
it's hard to know the exact division of labor from the outside looking in.
That's exactly the point, many players look at this case from what they know of each respective company, not from the case itself....
EDIT: And I really don't see why everybody thinks that Bethesda is the "bad guy" here. Sure, they aren't going about it professionally but I seem to remember Interplay overstepping their legal rights before, with BioWare. They decided to license the Infinity Engine to somebody without BioWare's permission (I must add the required "iirc" here).
That's exactly the point, many players look at this case from what they know of each respective company, not from the case itself.
Interplay haven't released any good RPG (or game?) since many years, when Bethesda have released the "wonderful" Oblivion (I think it's a crap) then the "amazingly fun" Fallout 3 (can't comment), so yeah they clearly win the case.
In term of law it's pointless to discuss this, at this degree of nonsense agreements they sign, common sense means nothing.
From a morale point of view it's quite clear that Bethesda want all and not pay more, ie they want the MMO for free. This lawsuit won't cost them that much if they fail and if they win it's a huge profit. The counter argument is that with Fallout 3 and FNV they resurrected the brand so they own it now no matter any previous agreements and so should own any Fallout MMO.
Even if I see the points of the second arguing, this lawsuit is so silly that Bethesda should stop this non sense and make a Elder Scroll MMO if they really want make a MMO.
You might be correct if you ignored the legal contract Interplay signed. They had 2 years to secure 30 million minimum to fund the MMO, they did not. So they lose the rights. No mutants allowed of course side with interplay on this, that however does not make interplay right.
In reality interplay is pissed bethesda made all the money they have off o f oblivion and now want a peice of the pie.
You might be correct if you ignored the legal contract Interplay signed. They had 2 years to secure 30 million minimum to fund the MMO, they did not. So they lose the rights. No mutants allowed of course side with interplay on this, that however does not make interplay right.
In reality interplay is pissed bethesda made all the money they have off o f oblivion and now want a peice of the pie.
Oh not this again. Didn't I read somewhere that they did get the money from investors, but Bethesda wouldn't accept it for some reason?
Or did I just dream that up