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Default Interplay - Legal Drama with Bethesda Continues

March 6th, 2010, 19:23
Interplay and Bethesda's legal battle continues. Duck and Cover has the full story on this as they have acquired the latest court document pertaining to this case. Apparently, Interplay now wants Bethesda to pay Interplay's legal fees:
The document itself is 23 pages long, and I've gone through and highlighted the most relevant and interesting points. From what Interplay says, it seems that Bethesda opposed Interplay's first motion for court fee reimbursement, arguing basically the same things which the court struck down in the Preliminary Injunction hearing. For example, Bethesda said that Interplay did not deserve the fees because "Interplay had not secured any kind of financing for the [Fallout] MMOG…within the required two year period and its license automatically terminated." Interplay argues that not only had they already presented evidence of a financing arrangement that was made within the timeframe, but that the entire argument is without merit in this motion for attorneys' fees:
"In any event, Interplay's Motion is unrelated to Interplay's financing for the MMOG or Interplay's financial circumstances. The Motion is based solely on Interplay's successful defense of Bethesda's PI [Preliminary Injunction] Motion."
More information.
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March 6th, 2010, 19:23
Pretty straightforward… Beth should pay for Interplay's legal fees, AFAIK that's how it usually goes when the Plaintiff loses(barring appeal or something).
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March 6th, 2010, 22:43
*snore*

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March 7th, 2010, 21:19
Originally Posted by MasterKromm View Post
Pretty straightforward… Beth should pay for Interplay's legal fees, AFAIK that's how it usually goes when the Plaintiff loses(barring appeal or something).
No, I don't think so. I believe that's only dones when one side loses rather badly. Basically, if the judge thinks the loser was only dragging everything into court simply to force the other party to pay a lot of legal fees.
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March 7th, 2010, 21:43
Originally Posted by Zloth View Post
No, I don't think so. I believe that's only dones when one side loses rather badly. Basically, if the judge thinks the loser was only dragging everything into court simply to force the other party to pay a lot of legal fees.
Very true, I was wrong in my original statement, I should have been more specific…

When a huge corp like zenimax files suit and loses to a significantly smaller entity they *often times* pay the other sides legal fees. Look at it this way, if one group has nearly unlimited resources(by comparison) pursuing litigation could be a ploy(an abuse of their superior financial position) to further their own long term goals… Of course that is assuming that the Plaintiffs case was weak and/or frivolous.

Honestly, I was speaking more from where I'd like to see a change with respect to tort law. Any person/entity that files suit and loses should always be forced to pay the defendants legal feels(IMO).
Last edited by MasterKromm; March 7th, 2010 at 21:46. Reason: wording
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March 8th, 2010, 12:12
Originally Posted by MasterKromm View Post
Look at it this way, if one group has nearly unlimited resources(by comparison) pursuing litigation could be a ploy(an abuse of their superior financial position) to further their own long term goals…
Like Microsoft and Intel often do - at least against state authorities.

From that point of view on, what they did (MS, Intel), has become just common behaviour in other areas of legal issues.

"They do it, so why shouldn't we do it as well ?"

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March 8th, 2010, 17:52
its a stupid request that will never happen.

if there's one thing the court systems do is support the court system.

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March 9th, 2010, 10:38
All I wanted was a decent game… And what do I get? THIS!

*runs off to play Divinity II*
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