Interplay - Bethsoft fails to win Preliminary Injunction
NMA writes that Bethsoft has failed to win a preliminary injunction against Interplay to stop them selling back catalogue Fallout products and working on Fallout Online. This is, of course, not the main suit and we only have Interplay's side of the argument, so bear these points in mind.
NMA's piece outlines their four main arguments, such as this bit on the funding of FOOL:
Then Interplay argues the 30 million USD in the TLA is not defined as having to be held in Interplay's account, or that "the entirity of the funding must be received in a single installment or a single line of credit", and that "no provision of the TLA requires Interplay to spend US$30,000,000, or any other amount, to create the game. Thus, the funding requirement serves no material purpose." Hence Interplay claims the funding requirement served only a quality control function, and Interplay's arrangement with Masthead satisfied the financial conditions.
If you recall, Interplay was required to have $30m in funding and commenced full production earlier this year.
As a result of the action, some concept art for FOOL has been released, which you can also find at NMA.