Interplay did not win preliminary injunction hearing

Discussion in 'NMA News and Information' started by Brother None, Oct 30, 2009.

  1. simdude

    simdude First time out of the vault

    57
    May 21, 2006
    With better dialogues, better story, more interesting locations, it could be an improvement to bethout 3.
     
  2. Khan FurSainty

    Khan FurSainty Look, Ma! Two Heads!

    332
    Apr 23, 2009
    Yes, but Bethesda has a twisted understanding in "better dialogues, better story, more interesting locations".

    They have the old car salesman logic:
    "It maybe rusty and unstable inside, but if it looks good on the outside, i can sell it!"
     
  3. TheWesDude

    TheWesDude Sonny, I Watched the Vault Bein' Built!

    Feb 25, 2005
    *sell* not sale
     
  4. MapMan

    MapMan It Wandered In From the Wastes

    170
    Feb 23, 2007
  5. Black

    Black Vault Senior Citizen

    Jun 21, 2007
    I don't care about improvement to that pos and neither I'll call it hope.
     
  6. UncannyGarlic

    UncannyGarlic Sonny, I Watched the Vault Bein' Built!

    Feb 6, 2008
    :rofl: :rofl: :rofl: :rofl: :rofl: :rofl: :rofl: :rofl: :rofl:
    Someone has failed to keep up, they've said in the past that they bought the franchise so that they can develop it, not to outsource it.
     
  7. UnidentifiedFlyingTard

    UnidentifiedFlyingTard Vault Fossil

    Mar 12, 2009
    I wont mind the mediocre gameplay if everything else is good (like the original fallouts).
     
  8. Ausir

    Ausir Venerable Relic of the Wastes

    Apr 20, 2003
    I just got Bethesda's lawsuit and it actually contains some utterly false claims, like:
    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.

    Recent months? It's been more than a year, ffs.
     
  9. orionquest

    orionquest First time out of the vault

    95
    Jun 26, 2004
    NAIL ON THE HEAD

    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.......
     
  10. UncannyGarlic

    UncannyGarlic Sonny, I Watched the Vault Bein' Built!

    Feb 6, 2008
    Re: NAIL ON THE HEAD

    Maybe they do, maybe they don't. Until I read the documented proof myself, I'm not going to say one way or the other.

    Again, maybe. It wouldn't surprise me in the least but I've not seen Interplay's proof so I can't say.

    What? They technically own the MMO and were merely licensing the rights to Interplay. I remember a Fallout MMO coming up a few times but I don't remember them saying anything definitive about developing one in-house.

    Like what? Interplay wasn't going to get $10 million from sales of Fallout 1, 2, and Tactics.

    Maybe but again we haven't seen the evidence.

    Do you even know what a Monopoly is? Here's a hint, sole ownership of a franchise != a monopoly. If it did then copyrights, patents, and trademarks would all be illegal unless multiple parties owned rights to every single one.

    Chances of that are poor, especially given his history with his staff (not paying them).

    They already got what was owed to them, that's what the lawsuit that forced Herve to sell Fallout did. If Interplay couldn't have afforded it then they would have had to declare bankruptcy and liquidated enough assets to do so.

    No.
     
  11. Per

    Per Vault Consort Staff Member Admin

    Apr 1, 2004
    Re: NAIL ON THE HEAD

    Ahahahaha.
     
  12. Hamenaglar

    Hamenaglar It Wandered In From the Wastes

    100
    Jun 2, 2009
    Re: NAIL ON THE HEAD

    +1
     
  13. orionquest

    orionquest First time out of the vault

    95
    Jun 26, 2004
    Re: NAIL ON THE HEAD

    Well I have and that is why I am commenting so thank you for your honesty and your ability to contradict yourself so succinctly by your way of your comments.

    Excuse me, Sir Garlic but Bethesda did sign a contract that does not allow them to license the MMO to anyone else including themselves until after the deadline expired and Interplay alleges that Bethesda already assigned the license to Zenimax online mere months after signing a document that says Interplay has exclusive rights to the MMO based on a deadline that was more than 18 months away.

    Interplay is building the case for "ill will bargaining" against Bethesda if you actually take the time to read Interplay's rebuttal with all the attached evidence documents otherwise you like to continue commenting from a position of ignorance which is fine if you are okay with it in addition to contradicting your own statements by doing so.

    I will repeat, for the umpteenth time, Interplay presented proofs that Bethesda violated the contract agreement first and that is why Interplay lawyers are asking the judge to address their grievance in addition to place an injunction on the Bethesda lawsuit.



    You are entitled to your opinion. There are also other avenues of raising money in the world of finance but Fallout Trilogy sales did crack the top 10 for several weeks which proves that they do have legs since these are reissues of the same Fallout trilogy that was released in 2005.


    If you understand the acronym OACS(Office Action Creation System) then you will understand why it is quiet funny you should make your USPTO statement since I supported them from the inside and the outside for more than a few years. The examiners and attorneys have a tendency to accidentally destroy their data due to their lack of knowledge of the way IT systems work never mind that they used a monster modification of MS Office normal.dot( 26kb to 9 Megs last time I checkec) to integrate the ability of processing Patent applications electronically.

    I also have dibs on all the expense accounts of congress members(some are quiet expensy) but that is a topic for another conversation and something about position of trust prevents me from revealing details.

    Isn't the IT world swell :-) but back to the topic at hand:


    Yes I do know what a Monopoly is. The question is: do you?

    http://en.wikipedia.org/wiki/Monopoly

    "In economics, a monopoly (from Greek monos / μονος (alone or single) + polein / πωλειν (to sell)) exists when a specific individual or an enterprise has sufficient control over a particular product or service to determine significantly the terms on which other individuals shall have access to it.[1][clarification needed] Monopolies are thus characterized by a lack of economic competition for the good or service that they provide and a lack of viable substitute goods."

    Bethesda tried to pull back catalog Interplay Fallout games off the shelves and wants the judge to agree that only Bethesda has the right to sell the games that Interplay currently has the right to which is a classic definition of what is termed: Monopoly.

    Sole ownership of a franchise is just that and not a Monopoly, unless you try to prevent a partner from selling games that they have an inherent right to sell per the agreement you have with them to allow them to sell the games they have a right to sell since there is something called an "agreement".

    Bethesda in this case is trying to monopolize the ability to sell Fallout games to itself because they don't want Interplay to have a detrimental effect on Fallout 3 + beyond sales.

    I will continue to repeat myself in order for this to sink in: What Bethesda has done in trying to prevent their partner from being able to sell what is their legal right to sell is a Monopolistic tactic since they want only Bethesda's Fallout games to sell and if they want their hands on Interplay's Fallout sales per their court request so in the literal sense of the world, they are asking the Judge to sanction their Monopoly tactic.

    That is the height of arrogance for a company whom arrogance is a virtue.

    Well you are entitled to your opinion but I'd like to see what the Interplay staff can do with Fallout since I know what Bethesda has done and it is an abomination to the 90's Fallout Universe fans.
     
  14. Ausir

    Ausir Venerable Relic of the Wastes

    Apr 20, 2003
    You do know that Interplay under Herve Caen is known for canceling the true Fallout 3 and releasing an even greater abomination? Sure, Chris Taylor is a great guy but I don't see why you trust the Interplay management so much.
     
  15. Sander

    Sander This ghoul has seen it all
    Staff Member Admin Orderite

    Jul 5, 2003
    By that definition, any company trying to maintain a brand in-house is guilty of building a monopoly.

    Sure, you could argue against the system of trademark and copyright, but that has shit-all to do with what a judge is going to say.
     
  16. orionquest

    orionquest First time out of the vault

    95
    Jun 26, 2004
    And you should know that I mentioned this fact that you mentioning but overlooked my mentioning of but I will give you a break since:

    I have the propensity to be overly verbose in my posts, most people cannot process all of what I say so I forgive them their little oversights of not paying attention to what is written by me.

    There's been quiet a stir on this board( and rightly so) about the inability to process plain as day language(hint unsigned letter!) and how some people miss what is obviously written on the screen in front of them as Frymuchan has been guilty of and having him be reprimanded continuously after he apologized several times.

    Now that we know other humans can be guilty of the same, we may understand how Fry could have committed the glaring oversight but by the simple fact that I wrote this much, most forum members' ability to process all the words has been much attenuated so the more I write, the less people can retain in what is written.

    But then again, everybody, including myself is guilty of not paying attention some of the time and some are guiltier than others and we call people who are unable to process most of the time idiots and retards but we digress.

    As for the next guy, I am not arguing against the system of Trademarks and copyright but I am arguing about a contract that allows two companies to sell one brand of games and it is monopolistic for one of the companies to say that the other is no longer allowed to sell the games that the contract allows them to just because they like to twist the legal system in their favor and the want to eviscerate the other company and grab the rest of the rights for nothing.

    We have a court system in place not to encourage corporate bullying of the weak and small by the strong but to prevent it, no matter how twisted life has become lately under the current Military Industrial Complex Matrix Reality that is our daily life.

    As V in "V for Vendetta" said: words retain their power and offer meaning to those that listen.


    As I have stated before, most people fall prey to submitting to the alpha male prototype bully even though the alpha male bully is in the wrong often if not always.

    That is why we call them alpha male prototype bullies.

    Most people do not have the courage to stand up to Tyranny whether it be of the corporate kind or the usual form of printed out of thin air monetary based enslavement that is the "ruler of this world".

    And the more myself and others rage against this ruler machine that enslaves us, the more we confront minions that suck off the teet of the enslavement system.

    Failure to connect those dots is a failure to mentally process obvious connections and it is a sad statement to make knowing the level of alpha wave receptive brain washing western society has become accustomed to that humanity willingly partakes in its own enslavement but I must be accused of being on drugs to talk about these things right?

    I Look but I see more machines than human beings and most machines don't even know they are machines for they lack the proper frame of reference to know the difference.

    But I like challenges therefore like the youtube "thank you mask man", I will make trouble, because I'm geared for it and I must have a thank you mask man at all costs :D
     
  17. Briosafreak

    Briosafreak Lived Through the Heat Death

    Dec 18, 2003
    Orion is also still around? wow
     
  18. MrBumble

    MrBumble Vault Fossil

    Jan 17, 2006
    Yes but we, here at NMA, usually care less about companies fighting each other than the Fallout IP itself.

    Sure, I don't think most of us would mind if Interplay managed to get Fallout back from Bethsoft's greedy hands ( mainly because Bethesda is an insanely arrogant company ) but the truth is that it really wouldn't be in better hands with IP.

    To put it in a nutshell, Interplay is the one who killed Fallout.
    Bethesda just revived the corpse and raped it...
     
  19. TheGM

    TheGM The voice of reason

    Aug 19, 2008
    Bah....I would say they skinned it's rotted corpse and put it over a Goblin, then gave him a hat, a beard, and a gun, then forgot to play test it.

    But I digress. your statement still stands.
     
  20. orionquest

    orionquest First time out of the vault

    95
    Jun 26, 2004
    What we have here is a clear choice:

    Have Bethesda continue to rape the Fallout franchise in ever increasingly bug infested and obscene violations of Fallout cannon since they now "own" it so they can destroy what they vehemently want to protect as IP by continuing to release this year's emperor has no clothes game of the year edition of the buggiest paint job pig lipschtick of the engine that never dies but rather multiplies and metastasizes into a corporate military industrial monstrosity hell bent on mushing the brains of the masses hulu style so they can create a children of the High Fructose Corn syrup nightmare that even Christopher Reeves would turn over in his grave to look away from.

    What ever happened to using one's brain, you know back when you had to edit autoexec.bat and config.sys and flip the overclock switch so you can play the intelligent "insert your own genre here" game you've been dying to play since shelling out $50 in less devalued money back in the day?

    Today, most people are deluded into thinking that they are living in the digital lifestyle age and are therefor technical because they can press a bottom and follow the simplified color coded joystick interface schematic.

    I have seen many a friend, relatives(some even with advanced highly specialized technical degrees) fall prey to the console brain matter dissolving devices since it's way cool plus it's convenient to become a couch potatowee American idle to the point that story and plot devices become wasted appendages to the kill kill kill everything that moves as we give you more brain washing to kill kill kill the cloned replicas of everything that moves and attenuate any sort of story or intelligent game design out of your system and when you get bored and tune out, we'll have little johnny ready to take over for you so make sure to keep popping those suckers out of the vaginal tract every minute ala Fallout 3 video ad montage.

    That, in a nutshell, is the Zenimax Ethos ideal for a good game playing footsoldier of the NWO. A robot that does not ask any questions of authority for fear that the authorities will disconnect its XBOX Live account.

    This is how you make a slave race out of willing and eager easily alpha brain washed people so you can turn them into cows and tip them over without them noticing that they've fallen behind the curve and they cannot get up let alone catch up.


    Maybe they need soylent green people.

    Well, over my dead cold hands in the MOSESessts of voice overs I say they finally did it. damn you damn you all to HELL!

    End Heston detour. focus back on topic....

    okay, or you can give Interplay a chance again knowing that there is a high probability that things could go financially wrong again and you end up with no product or a mismanaged product or a half released product that finds its way to the internet someday or maybe, just maybe instead of putting lipstick on the pig, we can make it fly and see an end product that can get us back to Fallout 2 so we can take over online and destroy our own environment and then start flaming the developer and blame them for their mistakes and ours.


    I'll take my chances with the second choice and if it happens, I'll be there for I will have enough money to spend some time doing the hulu to me brainee.

    Yes, Briosafreak. I've been lurking as a dormant watcher all these years while I've been very busy working very long hours for many a year traveling every few days( up to 31hrs in a row at Bethesda Naval Hospital doing a vital Network Upgrade, 150 hrs in 9 days in San Diego. Not in a row of course. That's inhuman right? I only worked 17.5 hrs every day but it was San Diego and my pillow location over looked the pier but I digress as people wonder where do I get the energy to process, type, write and speak so fast let alone play sports in a hyper chroniac way( check youtube for "web bots" if you want to know what I am talking about or if not, per the Dark City STRANGERS: SLEEP)

    Many of us are inputting information at a geometrically accelerated rate as an unintended consequence/side effect of having to read more in one year than most people read in their life in order to keep up with the constantly changing technology demands of our fields.

    Let's just say, we are online and becoming very aware and when we rise up, things will be different. End Terminator analogy, back to topic at hand.

    Wait a minute, I'll just telnet to the brains of the mushed up Skynetoidal Bethbosses and minions and insert a virus made up entirely out of words that wring the ear or the brain matter for that matter.


    The key, per "DISTURBING BEHAVIOR"'s janitor character, is to make them think that you are crazy, and U2 will be thought of as a "headache in a suitcase"