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May 11th, 2007, 01:39
Originally Posted by CutLunch View Post
The boss was probably thinking that the transfer of IP has no effect on an existing agreement - and he'd be right. If Interplay today went and sold the Fallout license to Microsoft - would they suddenly be the owners and Bethsoft have to abandon everything? Would you be sticking up for MS so passionately?
The comparison is a little lacking because MS would have to know (and in the real world it would be expected of them to be in the know) about Bethesda's 3rd party involvement due to the fact that the news about the Fallout IP were plastered all over the web.
But if we assume a "lab-type" artificial experimental situation where Microsoft does not know about Bethesda's ownership of the IP then -yes- at least under Roman law (I don't know about English/Anglican/American case law but there should be similar provisions), MS would become the rightful owner of the IP. All that Bethesda could do then is to sue Interplay for damages but the property would be lost because of MS acquiring it in good faith.
It's like when someone sells you a car that he already sold but did not deliver yet to another guy. How are you supposed to know about the contract with the other guy, right? That's why you acquire the property of the car if you are in good faith and the other guy is left to sue for damages.
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