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Fallout Online lawsuit continues - financing and canon

Ausir June 8, 2011 User blog:Ausir
Bethesda vs Interplay

Even during E3, the long courtroom drama between Bethesda Softworks (the company behind Fallout 3) and Interplay (the company behind the original Fallout games) over the rights to Fallout Online continues. The Vault - Fallout Wiki has managed to acquire the latest court filings on the case.

Despite the latest 10-K filing not sounding optimistic for Fallout Online, Interplay still says that it does have adequate funding for the Fallout MMO. The company claims to have "satisfied its obligations under Section 2.3 of the TLA through a funding agreement with Interactive Game Group that provided up to $15 million and through a binding letter of intent for development services and subsequent agreement with Masthead Studios that provided approximately $20 million in development services and technology licenses".

Secondly, despite Bethesda's motion to dismiss Interplay's counterclaims on the basis of Interplay supposedly being only allowed to use the name "Fallout" and nothing else being denied, Bethesda has not abandoned this claim, and still repeats all of its arguments in support of such ruling in the new documents. However, despite Interplay allegedly not being able to use any elements of the Fallout setting, at the same time Bethesda complains that Interplay's game is not consistent enough with Bethesda's Fallout canon and thus is undermining Bethesda's work.

"In other words, Interplay intends to use the copyrighted Fallout artwork and backstory, which is undisputedly owned by Bethesda, to undermine the plot-line of Bethesda’s awardwinning Fallout 3 game. Obviously, this is intended to harm Bethesda’s reputation and that of the Fallout 3 game. Game players who follow the Fallout history will be confused and confounded by the sequence of events created by Interplay in its MMOG. For the Court’s convenience, the pertinent sections of the Interplay documents quoted above are reproduced in the images below."

For now, it's mostly people who follow the lawsuit that are "confused and confounded", I'm afraid. Who do you think should win? Or maybe they should just settle and let the game be made in peace? For the latest updates on the case, check out The Vault!

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