UncannyGarlic said:
orionquest said:
That is the generally accepted viewpoint that has been established by those who have not read the whole 218 pages of court transcripts.
Link us to them or your blowing smoke.
It's called Piece meal for a reason, the information will be released gradually.
Most people do not have the discipline to sift through 218 pages in one sitting, especially hyperactive gamers like us.
There's more where that came from.
All I will say for now in terms of release:
"That would be great."
The Goliath that is Zenimax and their subsidiary Bethesda will not win the appeal of the preliminary injunction, regardless of how much dirt their next in line lawyer is working on throwing hoping it sticks.
What they may do is reveal the uncertainty of enforceability of the APA parts they are arguing for due to their ambiguity.
Bethesda's now deposed lawyer likes to talk about Public companies and disclosure and all but they were warned not to go down the path they are going since it is detrimental to their organization but they had to take the case to court and based on their actions that were unlawful and which have caused the tarnishing of Interplay's name in the market place, there is precedent for damage relief.
Bethesda has argued that Interplay's actions harm Bethesda financially.
Interplay has argued for and presented actual evidence of unlawful actions(based on the wording of the APA/TLA) that Bethesda has actually damaged Interplay financially.
There are no specifics in the contract that ban digital distribution of assets that Interplay developed and is selling.
Via "legal" arm twisting and sheer size of Bethesda and their horde of lawyers, Interplay partners were stopped from allowing Interplay to sell Interplay's Fallout Games digitally.
This was done before the April 2009 Deadline for the start of "full production" and securing 30$ million funding on Fallout MMO.
Full Production terms are not defined at all in the contract.
How the $30 million dollars is actually secured and whether or not the money must be available in a bank account, as a line of credit, does it have to be paid all at once(ask yourself, or does anybody ever pay developers up front fees for work? or weekly, biweekly or monthly?)
I will not yet disclose something myself and others consider very important that was discussed in the court transcripts, no matter how many times I am accused of blowing smoke or grand standing.
Ask yourself(in a Peter Lynch kind of way) when you are first to put forth the effort to find out publicly available information that is not known about by more than a few, would you easily shout it from the roof tops?
What would be the point?
All Interplay needed was a White Knight, and in a convoluted way, Bethesda's taking Interplay to court is that White Knight.
By unlawfully suing Interplay in a court of law on clearly indefensible grounds not in the contract, Bethesda has materially harmed Interplay and they are liable for damages and we have not even gotten to the Fallout MMO issue yet
After the appeal is tossed out in the court of law, the parties can proceed to a contract court of law and not a Trademark one.
There, Interplay will argue that Bethesda violated many terms of the APA agreement before Interplay's arguable violations and in terms of contract violations, those who violate earlier set a precedence to the validity of the contract.
