NAIL ON THE HEAD
Ausir said:
I just got Bethesda's lawsuit and it actually contains some utterly false claims, like:
Upon information and belief, Interplay began packaging, advertising and promoting the sale of "Fallout Collection" and "Saga Fallout" after Bethesda's launch of "Fallout 3"
Both Fallout Collection and Saga Fallout compilations in fact predate even the original Exclusive Licensing Agreement for Fallout 3, and Fallout Trilogy was first published before the Asset Purchase Agreement. I actually think IPLY has pretty good chances with the rights to sell pre-existing games. Not so much with FOOL, though.
In recent months, Bethesda has become aware that Interplay entered into a licensing agreement with a third party, Good Old Games, for the digital distribution of the Pre-existing Fallout Games
Recent months? It's been more than a year, ffs.
Ausir,
you've hit the nail on the head. This is what I've been saying all along but people have ignored me either because they think I am too biased or because I write way too many words for most people to bother to read or because I have not posted enough on these boards. Well, there is a reason for that and it is because I have been working my ass off for more than a few years flying all over the US and the world in order to stay ahead of the economic collapse tidal wave and try to get out of mouse wheel so I can spend more time playing some games and having fun and doing helpful things full time.
Anyways, to repeat what I stated before and what you are corroborating, Bethesda has filed a lawsuit to includes completely and factually incorrect claims that are easily verifiable by products that predated the Fallout IP sales agreement with Interplay.
Bethesda broke the covenants of the Fallout IP sales agreement long before Interplay's deadline to put up or shut up with the 30 million.
Interplay has documented proof of Bethesda breaking the agreement as early as a few months after Bethesda purchased Fallout in 2007.
I don't care if people believe what I'm about to say or not but according to contract law, Bethesda is in deep trouble.
Enough trouble to nullify the whole sales contract and return the full Fallout rights to Interplay based on bad faith actions and premeditated unlawful acts to prevent Interplay from taking advantage of their legal rights to sell the games they had in existence per the terms of the contract.
When two parties violate the terms of a contract, the contract's status is up in the air.
The key here is that Bethesda violated the terms of the contract prior to Interplay and Bethesda's violations were deliberate and quantify as acts of malice that can be clearly seen in a court of law.
You are not allowed to arm twist a company after you sign a deal with them that prevents them from being able to get the basic benefits of the contract that you signed with them.
This is malicious and bad faith contracting with intent to harm and swindle in order to bankrupt and disallow Interplay from being able to meet the later parts of the contract.
Whoever tells you other wise is either not paying attention, is a Bethesda stooge or is blinded by hate for Interplay.
The fact that Bethesda was talking about Fallout MMO as theirs more than a year before the expiration of the deadline for Interplay to be able to deliver is not allowed by the law.
Bethesda setup Interplay to fail by violating the contract way before the Interplay MMO deadline and their violations deprived Interplay from being able to achieve vital revenue streams and even announce that they were working on Fallout MMO so they can raise money for it.
It is ridiculous what Bethesda has done to prevent Interplay from getting their end of the deal and now the whole thing is up in the air due to Bethesda's greed which is their ultimate undoing.
Interplay has a very strong case for winning the counter suit outright, let alone losing anything to Bethesda.
The Court system is setup to not allow you to twist the law in order to destroy a company. This is monopolistic behavior that is against US Monopoly statutes of law.
Bethesda does not know how much trouble they got themselves in with their goof ups in bringing up this lawsuit and their draconian and unlawful behavior with Interplay.
They basically set themselves up to fall into their own trap. This is stupider than anything Herve Caen has ever done at Interplay and this is quiet a statement to make knowing how he managed the company into the gutter( FBOS over F3 anyone?)
Interplay has a very strong case of actually winning back all of Fallout and getting royalties for Fallout 3, 4, 5 and additional punitive damages as payment for Bethesda's malicious attempt to destroy Interplay.
Let us hope that Herve can just let the right people continue to develop Fallout MMO and use his college education for something the he is good at: being a Lawyer. That was his original role as a co-founder of Titus with the his brother.
Someone else should be in charge of deciding project development.
Herve needs to sue and raise money. That's his expertise.
I have a long history with the man in terms of rebuking him at all the mistakes that he has done and I have even personally spoken to him. Just go back and see my early history of posting about Interplay.
I still have all of the original boxes of most of their games including obscure games such as Realm of the Haunting(1996) back when Brian Fargo ran the company.
The franchise that put them on the map is one of the meanings of my last name.
Anyways, wouldn't it be great if Interplay wins everything and reconstitutes Black Isle Studios and pays back all the lost wages of the employees including interest?
That way Corith and the gang can finally have some peace and Herve and the Gang can atone for their sinful mistakes.
In fact, if the markets drop Interplay's stock price enough, we could all pitch in and buy enough shares to have majority then we can run Interplay via our majority vote. The shares held by FPD will have to be available since they are about 60% of outstanding shares.
Wouldn't it be cool to say that not only is Interplay by gamers for gamers but also owned by once disgruntled gamers?
You never know what you can do in life if you apply yourself enough to do it.......