Duck and Cover has unveiled all the parts of the transcript Bethesda looked to have redacted. None of it is very exciting, and it probably got a lot of screentime now due to the wish to have it redacted rather than due to its contents. Some interesting bits. On Bethesda's MMO.<blockquote>Q. How do you know what an MMOG is?
A. One of the divisions of ZeniMax Media, ZeniMax Online Studios, is currently in production of an MMOG and has been in production for a number of years.
Q. Is it a Fallout MMOG?
A. It is not.
(...)
A. ZeniMax Online Studios is creating a triple A MMOG along the lines of, I mentioned earlier World of Warcraft. It is, you know, a world wide launch. There's close to a hundred people that are working on the game currently. The budget for that, you know, is tens and tens of millions of to dollars.
MR. GERSH: Your Honor --
THE COURT: Um hum.</blockquote>On the Fallout trilogy pack.<blockquote>Q. Okay. In the upper right-hand corner, just above the word "Fallout," it clearly identifies that this book contains three smash hits in one radioactive pack, doesn't it?
A. That's what it says.
Q. And right underneath the word "Trilogy," it also shows what's purported to be in that box, Fallout, Fallout Two and Fallout Tactics, correct?
A. That appears to be the case.
Q. And all three of those games are pre-existing games that Interplay has the right to distribute, correct?
A. Correct.
Q. And I believe that you testified earlier that there's no restrictions on Interplay creating compilations of its games of pre-existing works, correct?
A. So long as it met the specifics of that clause in the APA that required all packaging to be pre-approved by Bethesda.
Q. Is that all packaging to be pre-approved by Bethesda from the date of the agreement of April 7, 2007 to date?
A. All packaging means all packaging.</blockquote>On Interplay's right to change Project V13 from FOOL to "post-apoc MMO" if need be. This is part of the rather key if obvious argument that Interplay working on FOOL does not in any way directly harm Bethesda, which negated the immediate need for a preliminary injunction.<blockquote>A. Well, they have the exclusive rights to the Fallout Three license, but there is nothing, which is a post-apocalyptic game, but there is nothing that prevents them from doing a game in a post-apocalyptic setting, as long as it didn't trade on the assets of Fallout. You know, the themes, the vaults, the looks, the style, the things like that. But to do a Mad Max game in a post-apocalyptic world, there is nothing in there that prevents it.
Q. Correct. So there's nothing to stop Interplay from continuing to manufacturing their trade, their MMOG, even if it's a post-apocalyptic game version, so long as it doesn't trade, ultimately when it's completed, and not approved, I'm assuming, on the image and the likeness of the rights owned by Bethesda, correct?
A. Well, that's correct. And if that is the case, given that they didn't pass those two hurdles in that test, you know, I would want the rights back so that I would know what to do with my post-apocalyptic franchise in the MMO space. If they had chosen the direction that you're talking about and create a Mad Max post-apocalyptic world, yeah, they can do whatever they want. But, you know, there are two very specific tests that they have to get over in order to hang on to my brand, and continued development of my brand. So, fine. Go ahead. Do it.
Q. Bethesda hasn't started at all to do anything to make a Fallout MMOG yet, correct?
A. That is correct.</blockquote>And I thought I'd just pluck out another hilarious bit of browbeating.<blockquote>Q. Well, quality MMOGs can be created with a lot less people, can't they?
A. None that I can point to. I don't know if you point to any. If you can point me to some, I'd like to hear them.
Q. Who is Matt Frior [Firor - ed]?
A. Matt is the President of ZeniMax Online Studios.
Q. He created an MMOG that was critically acclaimed with 25 people in 18 months, didn't he?
A. I don't know that to be a fact.
Q. You don't? It's all over the internet.
THE COURT: Okay. Don't argue with the witness, please.
MR. MARBURY: Objection, Your Honor.</blockquote>
A. One of the divisions of ZeniMax Media, ZeniMax Online Studios, is currently in production of an MMOG and has been in production for a number of years.
Q. Is it a Fallout MMOG?
A. It is not.
(...)
A. ZeniMax Online Studios is creating a triple A MMOG along the lines of, I mentioned earlier World of Warcraft. It is, you know, a world wide launch. There's close to a hundred people that are working on the game currently. The budget for that, you know, is tens and tens of millions of to dollars.
MR. GERSH: Your Honor --
THE COURT: Um hum.</blockquote>On the Fallout trilogy pack.<blockquote>Q. Okay. In the upper right-hand corner, just above the word "Fallout," it clearly identifies that this book contains three smash hits in one radioactive pack, doesn't it?
A. That's what it says.
Q. And right underneath the word "Trilogy," it also shows what's purported to be in that box, Fallout, Fallout Two and Fallout Tactics, correct?
A. That appears to be the case.
Q. And all three of those games are pre-existing games that Interplay has the right to distribute, correct?
A. Correct.
Q. And I believe that you testified earlier that there's no restrictions on Interplay creating compilations of its games of pre-existing works, correct?
A. So long as it met the specifics of that clause in the APA that required all packaging to be pre-approved by Bethesda.
Q. Is that all packaging to be pre-approved by Bethesda from the date of the agreement of April 7, 2007 to date?
A. All packaging means all packaging.</blockquote>On Interplay's right to change Project V13 from FOOL to "post-apoc MMO" if need be. This is part of the rather key if obvious argument that Interplay working on FOOL does not in any way directly harm Bethesda, which negated the immediate need for a preliminary injunction.<blockquote>A. Well, they have the exclusive rights to the Fallout Three license, but there is nothing, which is a post-apocalyptic game, but there is nothing that prevents them from doing a game in a post-apocalyptic setting, as long as it didn't trade on the assets of Fallout. You know, the themes, the vaults, the looks, the style, the things like that. But to do a Mad Max game in a post-apocalyptic world, there is nothing in there that prevents it.
Q. Correct. So there's nothing to stop Interplay from continuing to manufacturing their trade, their MMOG, even if it's a post-apocalyptic game version, so long as it doesn't trade, ultimately when it's completed, and not approved, I'm assuming, on the image and the likeness of the rights owned by Bethesda, correct?
A. Well, that's correct. And if that is the case, given that they didn't pass those two hurdles in that test, you know, I would want the rights back so that I would know what to do with my post-apocalyptic franchise in the MMO space. If they had chosen the direction that you're talking about and create a Mad Max post-apocalyptic world, yeah, they can do whatever they want. But, you know, there are two very specific tests that they have to get over in order to hang on to my brand, and continued development of my brand. So, fine. Go ahead. Do it.
Q. Bethesda hasn't started at all to do anything to make a Fallout MMOG yet, correct?
A. That is correct.</blockquote>And I thought I'd just pluck out another hilarious bit of browbeating.<blockquote>Q. Well, quality MMOGs can be created with a lot less people, can't they?
A. None that I can point to. I don't know if you point to any. If you can point me to some, I'd like to hear them.
Q. Who is Matt Frior [Firor - ed]?
A. Matt is the President of ZeniMax Online Studios.
Q. He created an MMOG that was critically acclaimed with 25 people in 18 months, didn't he?
A. I don't know that to be a fact.
Q. You don't? It's all over the internet.
THE COURT: Okay. Don't argue with the witness, please.
MR. MARBURY: Objection, Your Honor.</blockquote>
. What do I know.
