Enough with the kvetching about these fine hairs. Tactics was less of a game from the previous Fallouts in terms of not having solid RPG (it wasn't meant to) and in terms of having an overblown, needlessly-sprawling plotline. Fair is fair.
Other than that, it remains part of the Fallout IP. Whether as RP, or tactical-sim, is irrelevant. It's like Trek fans claiming that the movies ended during the opening credits for "Generations"...no one but Trekkies bloody well cares, especially not anyone with any power over the franchise.
It's much ado about nothing.
Now, the lawsuit, that actually means something, because it puts the mess of cards at least partially into the air, and we can hope at least that something good comes of it. Expect, no...but hope, yes.
Down to the brass tacks, then: I'm involved in an IP lawsuit myself. As a result, I've gotten a hard and fast course in the theory, law, and realpolitik of Corporate Wars. I won't suggest I'm a lawyer, but I have at least some idea of what I'm talking about.
So: It's been noted that the "Trilogy" thing is garbage. It certainly is, and it'll be thrown out readily enough when it comes to actual litigation. But even in a speedily-arranged case with a tight schedule (like the one I'm in), most of a year can pass before a Motion for Summary Judgement can be called to have the case thrown out. That eats time and resources --- even if it's just the gas money Herve will blow showing up in court sans an actual lawyer --- and Interplay doesn't have either to spare.
This applies pressure for Interplay to accept a settlement, which could include anything Bethesda might demand, if Interplay is sufficiently over the proverbial barrel.
Second, seizure of the original games doesn't just confer the ability to rework/resell them...it also confers all rights to the Content of those games. Notice the capital C there. Folks looking to develop an Intellectual Property in terms of novels or movies generally want the whole shebang, lock stock and barrel, to avoid any possibility of having to obtain permission from (and share profits with) any other potential owners of any part of the property.
To illustrate just how anal this can get, I and the company I'm suing had nearly reached a settlement where I essentially would have gotten nothing but some recognition and would even have provided free new work to the company. They were happy with that.
But then I said I wanted joint ownership of a character I'd been the primary developer of. Most of what had gone into print about this character came right from my typewriter, and he had sentimental value for me. He wasn't the least bit important to the IP's story or timeline...but the company balked, even though joint rights would mean I couldn't stop them from using that character if they chose.
When, many months later, they finally deigned to talk with me about why that deal fell through, it was exactly as I described...they feared the extremely remote possibility that a future movie or novel or game or whatever MIGHT include that ONE character, and then BAM, I'm co-owner of whatever that might be. Even if they forgot I owned the character and used him "by accident".
It's that kind of paranoia which rules in these rarified airs, folks.
