We reported earlier on Bethesda's renewed motion for a preliminary injunction, which continued to focus on their (in my opinion ridiculous) argument that Interplay could only use the Fallout name. Unsurprisingly, Interplay counter-filed to shoot it down.
"For at least four years, Bethesda has known that Interplay interpreted its right to create the Fallout-branded MMOG to include copyrighted content from the Fallout universe in order to make the MMOG a recognizable Fallout game," the filing reads.
"Bethesda never objected and did not seek an injunction because it knew Interplay was doing exactly what the parties intended under their agreements," the document continues.
Interplay also takes issue with Bethesda's argument that a Fallout MMO would "confuse and confound" Fallout 3 players because of alleged plot conflicts between the games.
"This is ironic because Bethesda contends Interplay should have created an entire game of incompatible story, characters, and art and labeled it Fallout only in name," the document says.