Bethesda vs Interplay hijinks continue

[Brother None]

The Vault has the transcripts of the court's denial of Bethesda's motion to dismiss Interplay's counter-claim. That's confusing, yes. This isn't: Bethesda's claim of "they can use only the name" is ridiculous, and even the judge openly says so.<blockquote>But is the value of that -- unlike Walt Disney I do not necessarily agree that there is an equation here between Fallout and Walt Disney. There may be an equation here between Walt Disney and either Interplay and Bethesda as opposed to Snow White and Fallout. So, let's set that aside.

(...)

Let me ask you this about your analogy, what if someone was allowed to use the mark Snow White but none of the characters or pictures or storyline or anything else, so what they did is they labeled it Snow White but you look at it and it is Donald Duck?</blockquote>

 

[UncannyGarlic]

Let me ask you this about your analogy, what if someone was allowed to use the mark Snow White but none of the characters or pictures or storyline or anything else, so what they did is they labeled it Snow White but you look at it and it is Donald Duck?

Only their Walt Disney's version of Snow White is copyrighted/trademarked, the story itself is public domain, so it's a flawed comparison for the Judge to make, though the point is clear.

I question that if it never granted iNterplay the right to use any of this intellectual property there would be no need and no reason to have the return of it contained in the agreement and I do not think we are to read a contract so as to render nugatory or ineffective any other provisions.

That's probably the nail in the coffin for this legal argument, even though the judge does say that she would be willing to hear more arguments about this in the future. I really hope that this is the end of this retarded legal argument though.

 

[ReedTFM]

I question that if it never granted iNterplay the right to use any of this intellectual property there would be no need and no reason to have the return of it contained in the agreement and I do not think we are to read a contract so as to render nugatory or ineffective any other provisions.

Yeah, basic contract law. The document controls and gaps are filled with implied terms. One provision will not be interpreted to negate another provision of the same document, else why mention it?

But, it's such a mess now anyhow, I'm not sure how professional their relationship will be even if FOOL moves forward using the IP.

Excuse me, I'm going to write an amicus brief on why the court should place the IP in Obsidian's hands until this is sorted out.

 

[IMissLark]

...the story of Fallout is Public Domain? Or did I complete misread what you said, UncannyGarlic? Cause surely there are copyrights stamped all over that shit.

 

[Niektóry]

You did misread it. He meant the story of Snow White is public domain and Fallout's isn't, and that's why the analogy between them is flawed.

 

[Diospyros]

In the end isn't this really all about who can make a bigger mess out of the Fallout IP?

 

[Goweigus]

In the end isn't this really all about who can make a bigger mess out of the Fallout IP?

who deserves to*

 

[Beelzebud]

This case should be resolved in a Thunderdome.

 

[Deleted member 53669]

Todd vs Caen?

Hopefully no-one leaves.

 

[Grey_Ghost]

Todd vs Caen?

Hopefully no-one leaves.

Hardy Har Har!

I'm not being sarcastic, that's just the way I laugh.

 

[Trank]

dude its fucking interplay they made the game. they should be able to use the name if they want to.

 

[Little Robot]

Trank, part of the issue is how badly IPLY has abused the Fallout name. Tactics and POS, in particular.

The really good Fallout guys are at Obsidian, including members of the original team and some of the people who were working on Van Buren.

Just because Interplay used to make the games, it doesn't necessarily deserve the rights.

 

[Ausir]

Chris Taylor and Mark O'Green are at Interplay.

 

[Elven6]

Trank, part of the issue is how badly IPLY has abused the Fallout name. Tactics and POS, in particular.

The really good Fallout guys are at Obsidian, including members of the original team and some of the people who were working on Van Buren.

Just because Interplay used to make the games, it doesn't necessarily deserve the rights.

Tactics was a good game (especially in the face of BOS), it had some canon issues but largely it was still a pretty good game. Brotherhood of Steel had little to do with Fallout and gameplay wise was pretty hit or miss.

 

[Little Robot]

Chris Taylor and Mark O'Green are at Interplay.

Yeah, I know. I know. But that doesn't mean that IPLY will do good things with the Fallout name-- I'm sure that Chris Taylor and Mark O'Green were there when they made BOS as well.

Tactics was a good game (especially in the face of BOS), it had some canon issues but largely it was still a pretty good game. Brotherhood of Steel had little to do with Fallout and gameplay wise was pretty hit or miss.

I'm not a big fan of Tactics.

 

[Ausir]

I'm sure that Chris Taylor and Mark O'Green were there when they made BOS as well.

Then you are wrong. You know that these things are quite easy to check, right?

 

[Little Robot]

Oh, oops. Sorry, Ausir.

Actually, I don't know how to check the 2004 employment records of Interplay. I apologize for my ignorance-- see, this is why you have a Wiki and I don't.

 

[Ausir]

Actually, you have a wiki to check this info at as well. It's all there.

 

[C2B]

Trank, part of the issue is how badly IPLY has abused the Fallout name. Tactics and POS, in particular.

The really good Fallout guys are at Obsidian, including members of the original team and some of the people who were working on Van Buren.

Just because Interplay used to make the games, it doesn't necessarily deserve the rights.

Tactics was a good game (especially in the face of BOS), it had some canon issues but largely it was still a pretty good game. Brotherhood of Steel had little to do with Fallout and gameplay wise was pretty hit or miss.

It was really miss. Even for an action-rpg on console it was infinitly worse than the Dark Alliance or Champions games.

 

[C2B]

Trank, part of the issue is how badly IPLY has abused the Fallout name. Tactics and POS, in particular.

The really good Fallout guys are at Obsidian, including members of the original team and some of the people who were working on Van Buren.

Just because Interplay used to make the games, it doesn't necessarily deserve the rights.

Tactics was a good game (especially in the face of BOS), it had some canon issues but largely it was still a pretty good game. Brotherhood of Steel had little to do with Fallout and gameplay wise was pretty hit or miss.

It was really miss. Even for an action-"rpg" on console it was infinitly worse than the Dark Alliance or Champions games.


Edit: Ahh, sorry. Doublepost.