Interplay hiring, court filings

Brother None said:
Morbus said:
Dilute shares altogether? What do you mean, they make them void? I don't understand. :\

If your share value is sky-rocketing, you can issue new shares - kind of to represent your company's growth - which dilutes the value of existing shared but also puts a lot more money in the company's coffers.

Morbus said:
The bold part is the heart of the matter, and something I did not quite get up until now. That's actually the very heart of the thing: Interplay is not Bethesda's competitor: they are they partners, and Bethesda, by trying to take them down (well, they try to take everyone down as far as I know, unless they are licking their butts constantly), they're basically saying they can't be trusted and they don't act in good will. If the press covers this "just right", Bethesda may find it very difficult to find partners in the future.

Bethesda is a media darling, though, and nothing that has been revealed has been particularly shocking or incriminating.

orionquest said:
Glutton creeper rights were inherent.

How so? The argument presented above is specious at best, and would probably not hold up in court.

According to court filed documents, Interplay stated that Bethesda knew of the Gluton creeper license and did not object to it when they signed the contract.

Interplay's lawyers are using it to show that its rejection after the contract was signed was the first step of multiple contract violating moves Bethesda enacted.

Interplay is showing the systematic contract violating steps taken by Bethesda almost immediately after they got hold of the rights.

By disallowing Glutton Creeper from going ahead and threatening Interplay's partners against allowing for the distribution of Interplay's Fallout games, Bethesda violated its end of the deal and in doing so, prevented their partner Interplay from reaping the full contract benefits that they were entitled to.

Basically, Bethesda lied about what Interplay has rights to.

Bethesda knew of the existence of various Fallout collection games that Interplay had released prior to the sale of Fallout IP.

Bethesda bought a product that already had the Fallout Trilogy, Fallout Collection and Fallout Saga released prior to their purchase.

This sets a precedence that these products were grandfathered into the deal since it specifically states in the contract that Interplay has the inherent right to sell these games without even contacting Bethesda and notifying them about them as long as they are not modified to new platforms and such.

Interplay continuously re released the games in question and when Fallout Trilogy finally became a top 10 selling computer game for an extended period of time, Bethesda objected and claimed intellectual property violation based on "possible confusion" by gamers/and or consumers who do not bother to read the box cover descriptions of games.

Bethesda is not allowed to do that since these were inherently allowed games per the 2007 contract that was signed between the contract partners Bethesda and Interplay.

Bethesda proceeded to defame Interplay when they told Interplay partners that Interplay did not have the right to sell the games when in fact Interplay did have the right to sell them as the contract states.

Bethesda lied in stating that these were "new" titles that they needed to approve and used this lie to disallow Interplay partners from either licensing the games or using the existing game world licenses.

They filed a fraudulent lawsuit claiming Interplay is detrimentally harming them when in fact they were the ones who were detrimentally harming Interplay in several ways and we'll get to the Fallout MMO way of harming them.

What Interplay is showing is actual proof that Bethesda has detrimentally harmed Interplay financially and its image and ability to conduct business with certain business partners.

Interplay sold the Fallout IP for peanuts knowing full well that they could piggy back the success of Fallout 3 into a successful Fallout MMO.

The Securities and exchange commission filing done by Interplay in the November of 2006 stating that they intended to raise funds to work on Fallout MMO caused their stock to skyrocket from a death bed market cap of 2 million to a market capitalization of over 30 million dollars.

Then Interplay began to earnestly work on the Fallout MMO( game design specs and concept art that was submitted in the counter lawsuit they filed)

Interplay also tried to but were unsuccessful in getting the approval of Bethesda to announce on their website and through press releases that they were indeed working on the Fallout MMO.

Bethesda's lawyers did not allow Interplay to post any new Fallout MMO art anywhere, leaving much doubt within the large Fallout fanbase as to whether or not Interplay was really working on Fallout MMO or pulling the fans' chain.

This doubt among the fanbase was even greater among the more important investor community since it is the investors who actually partook in paying a large portion of Interplay directors salaries via stock option grants which dilute the value of the investor shares by increasing the amount of shares available.

Investors skyrocketed Interplay's value to ~30 million dollars on the mere mention of the SEC "intent to develop Fallout MMO" filings.

Had investors known for sure that Interplay was actually under a gag order by Bethesda in that Interplay was not allowed to even discuss anything Fallout related, Interplay's stock would have gone through the stratosphere since investors would have bid up Interplay shares to around ~100 million market cap knowing the tie in to a blockbuster selling game like Fallout 3 will generate revenue of at least 50 million in its first year and would garner the typical 2X revenue valuation that most public companies are usually granted by investors especially in today's generous valuation environment.

People who are not privy to the structured finance that is generated by Wall Street which greases the engine of the machine that is the United States need to understand something about why the US has lead the world in most innovations:

#1. The diversity of the cultures of the human beings working in the US.
#2 The amount of work put in by most of the population exceeds most other populations per capita.
#3. The financial innovation on Wall Street aids in the fulfillment of the creative productive output capacity of #1 and #2's combination


The side effect is an advanced Military Industrial Complex structure and its toll on the soul of human beings working in this Matrix and the bodies and souls of the real/perceived enemies of this Matrix.

If It wasn't for the #1,#2,#3 working hand in hand, the Country of Holland would have been under the oppressive control of the German Nationalist Socialist Party and website hosting/game playing and generally freedom loving individuals such as Brother None would probably not exist due to the Genocidal tendencies of the Global Hegemony seeking German NAZI( for short) party.

Instead we have an Allied based Global Hegemony but the Allied based Hegemony does not destroy human lives at the horrific rate that was being output by the NAZI party and Stalin's Goons.

For those that are unable to connect all the dots, we return to the Bethesda vs Interplay situation:

Bethesda is the Hegemony seeker in this case and they are using lawyers backed by wads of cash to twist contracts to their favor with the added flavor of outright 100% verifiable lying so they can continue to exterminate all creativity within the gaming world.

Following the bullet point modern day implementation of Joseph Goebbels' ideas, Bethesda is also using the cash starved gaming,retail and TV media as its propaganda tools and from the sales results, if you brainwash a multitude of average human beings enough, they will believe all your propaganda while mostly overlooking the bug infestation and the lipstick piggy paint job cookie cutter clones and hand over their cash for the pleasure of having your game crash over and over again until the next patch fixes one crash and created another.

This kind of Evil, in all its deceptive forms, must be resisted.
 
orionquest said:
If It wasn't for the #1,#2,#3 working hand in hand, the Country of Holland would have been under the oppressive control of the German Nationalist Socialist Party and website hosting/game playing and generally freedom loving individuals such as Brother None would probably not exist due to the Genocidal tendencies of the Global Hegemony seeking German NAZI( for short) party.

Instead we have an Allied based Global Hegemony but the Allied based Hegemony does not destroy human lives at the horrific rate that was being output by the NAZI party and Stalin's Goons.
We shall leave history and other things you conect it with out of any discussion as to say it that way the court and situation there is already complex enough without making rather qestionable conections or references to anything in WW2.
 
TwinkieGorilla said:
verevoof said:
I just want to see the results, cats, the results!

results.gif

cats.jpg

results.gif

Ha, ha, ha! You know all those times people write "I lol'ed" and you know they did not? Well I just lol'ed.

:clap: :clap: :clap:

In fact, this just made my day. Have not laughed that hard since the last Live at the Apollo show on TV ...

Thank you Twinkie <3
 
Crni Vuk said:
We shall leave history and other things you conect it with out of any discussion as to say it that way the court and situation there is already complex enough without making rather qestionable conections or references to anything in WW2.

Okay, now that you have chosen a unilaterally dictatorial decision for everybody on how this topic shall be discussed, care to add anything of substance?

You may see it differently but it is my opinion that the court situation gets less complex if people take the time to read enough court documentation and add a little moral clarity to it and sometime moral clarity does not occur unless eyes are opened via relating a court situation to a real world situation and I happened to relate this situation to the biggest of all macros: The corporate military industrial/financial machine and its side effects one of which is the ability for you and me to be here and state our opinions without worrying about whether or not our routines tomorrow are going to be interrupted by War.

On the receiving end of the rod of the military industrial complex, one does not have much time to sit around and ponder the intricacies of court papers and which way Fallout is headed.

You don't see waste wanderers deciding what role playing game to start as a wasteland business.

After all, the fallout universe does not exist without a war machine gone mad. There is a reason why War, War never changes( hasn't this time immemorial human phrase been copyrighted already by the Beast that is Bethesda?

INTEL tried to copyright the lowercase letter "i" but the US Trademark office wisely attenuated the audacity of such an egotistically inspired request.


Deciding which court case side to take( Large vs Small, Strong vs Weak, factual vs non factual, brutal monetary lawyer based strong arming vs setting a trap, precedence of causality in breaking a contract, understanding structured finance and the way capital markets work.... ) is in the eye of the beholder and would make for good plot devices for a metaphorical Fallout MMO side quest for the brainy fans of Fallout if properly integrated into the story line of surviving a post apocalyptic world.

Rebuilding a societal structure would be a goal for some participants that wander the wastes.

I know I streamed my consciousness into many varied topics but not everybody has a one track mind thought process and I cannot limit myself all the time just like some people do not have the inspiration to post anything past one liners.

Some of us did not get enough visual main stream media based Alpha brain washing waves and High fructose corn syrup Glutton Creeper induced processed foods to have succumbed to basic one track mindedness so I apologize for making people think a little.

But then again, isn't one of the reasons why Fallout 1/2 are so popular after all these years is because they make people think more than "what's my kill total and how many levels are left before the big boss"?

Some people are addicted to basic body attenuating substances and others like myself are addicted to experiencing and learning about lots of things and discussion of said things and doing so in a co relational way.

Personally, in a closed loop ecosystem such as the earth, I see everything as related.

Sometimes you cannot get deep insight without the related analytical extras.

Is it okay to express one's self this way or should we apply self censorship or succumb to being censored by the Propaganda thought police?

This is a forum after all and I'm still discussing the case as much as the next person so again I state:

care to add anything of substance?
 
I really have no clue what your fuss is with that "military industrial complex" and what it has to do with either Interplay or Fallout now ... seroiusly. Without offense.

I am trying with my limited skill in english to understand what this court thing is about anyway thus why I think any WW2 or other relation to the topic is more confusing then helpfull as it seems to me from what I can see all pretty far from the topic.
 
I'm sorry orionquest, but your ramblings of societal structure, Alpha brain washing waves, closed loop ecosystem, military industrial complex, and corporate military industrial/financial machine in a discussion about interplay and Bethesda make you sound like a brain dead lunatic with a tin foil hat.

Did you get permission to post this information from the Grays and/or the MIB?
 
Crni Vuk said:
I really have no clue what your fuss is with that "military industrial complex" and what it has to do with either Interplay or Fallout now ... seroiusly. Without offense.

I am trying with my limited skill in english to understand what this court thing is about anyway thus why I think any WW2 or other relation to the topic is more confusing then helpfull as it seems to me from what I can see all pretty far from the topic.

Crni Vuk, sorry for getting you confused there but my intent was not to confuse.
There are not that many people that are actually providing details and explaining the court case as they see it.

Many people are providing conjecture without having read some or any court documents.

I am one of several people who have read the majority of the court filings and have been following the saga for a few years being both a gamer( still got the original 90's game boxes :-) and an Interplay shareholder going on 7+ years.

Yes my opinion is subjective but there is very little objectivity that I see on these forums anyway.

There are hundreds of pages of legal documentation to go around and unless Bethesda and their lawyers have merged into our Universe from a parallel reality where the disputed Fallout games were not in existence, they have damned themselves to smithereens via a flat out lie that they have perpetrated against the court system in their response to Interplay's counter suit.

I am going to repeat again: You cannot submit a flat out lie as a court filing. You will be sanctioned for doing so.

Pretending that the Fallout(Trilogy, Saga, Collection) games in question did not exist until one of them hit the NPD top 20 for a month or so is a reprehensible lie that cannot be defended.

You have filed a complete lie as your rebuttal. The judge is going to legally kick your ass, do you hear that Bethesda?

Your lie will allow the judge to doubt your sincerity as well as your professionalism, do you hear that Bethesda Lawyers?

Swaying the judge to see your side of the story in the "tit for tat" "he said she said" "which side is more wrong" is one thing but to to attempt to deceive the judge and the court system by telling them that games that actually existed and were bought and played by consumers all over the world "did not exist" until after you signed the 2007 sales document is an indefensible act of lying that brings into question the veracity of your frivolous lawsuit and everything you say.

If any of you actually look at the court case filings, they will see an overwhelming display of references to other cases primarily mentioned by Interplay's lawyers who make Bethesda lawyers look like amateurs that are backed by vast thin air monetary units and who proceed to enter lies as rebuttals.

The judge is going to be forced to read through a myriad of court case references and will be incensed to find out that Bethesda intentionally lied.

Here is why Bethesda's lawsuit is frivolous:

They are claiming that Interplay has damaged the sales of their Mega hit Fallout 3 by selling products that predated Fallout 3 in release but only became of interest to Bethesda's lawyer machine after hitting the top 20 in sales.

Interplay has shown the Judge that Bethesda broke the contract soon after they signed it by disallowing the previously unquestioned and signed upon Glutton Creeper product license and more importantly, Bethesda has defamed Interplay by telling Interplay partners that Interplay does not have the rights to sell the games that it actually has the rights to sell.

Interplay has shown the judge that Bethesda has materially harmed Interplay by monetary means in preventing revenue generating contracts from being executed and more importantly, Bethesda has harmed Interplay's standing in the gaming industry by making them look like they were breaking Trademark law when in fact Bethesda was breaking contract law.

And we have not even gotten to the point of Fallout MMO which is a whole can of worms that has involves the intricacies of structured finance tools invented by Wall Street, so sorry but I shall leave the subtleties of the Fallout MMO issue for another post since apparently my previous posts about it linked it to the overarching theme of the Bank and Warfare model and some people do not understand the important linkage since they are limited by their environment and or their biology in their lack of drive to want to link things, something that is crucial to many fields of discipline including the world of geopolitical sensitive structured finance.

Tin Foil, here I come....

Is my "Tin Tin and Milou" mental lucidity brain dreaded enough for some people or must I continue the extraction of a certain LEGION's nine inch nail from their cerebral cortex?

Let me explain further what was misunderstood by some:

I simply used the biggest macro reference of War as an analogy to link the machination of companies that grow large and powerful and how they end up mimicking power hungry Fascist war machines in many ways including strong arm legal tactics, media propaganda, having the world + dog go against them, then inevitably reach the tipping point where they attenuate themselves via unfettered acquisition and hubris.

Bethesda is manifesting all these symptoms right now and has been doing so for quiet a while. They've grown quiet lazy and have been busy replicating the same formula for quiet a long time, each time counting on a newer set of consumers to fall prey to their mass media tailored drivel.

Corith's response had it half right about our society. The majority of our consuming gaming public is effectively borderline brain dead.

I kid you not but the brain matter attenuating death is so severe that our US armed Forces are using XBOX and PS3 joystick controlled robotics as a quick way to train our soldiers in getting some of their duties accomplished.


The highly advanced forces of the world's military infrastructure are busy mimicking the late 90's Electronic Arts game "Nuclear Strike" in that they are using advanced military hardware hovering over and firing rockets and high caliber munition on severely less armed combatants who would be termed as armed peasants and or civilians who have had enough of foreign invaders desecrating their lands.

There are numerous Youtube videos that chronicle the societal ill where brain attenuating and heartless meat head soldiers laugh their way to obliterating their enemies like some real world video game.


Corith said:
I'm sorry orionquest, but your ramblings of societal structure, Alpha brain washing waves, closed loop ecosystem, military industrial complex, and corporate military industrial/financial machine in a discussion about interplay and Bethesda make you sound like a brain dead lunatic with a tin foil hat.

Did you get permission to post this information from the Grays and/or the MIB?

Corith,

thanks for posting the cliff's notes version of my previous post.

As far as lunacy is concerned, that would require some form of brain activity which would contradict the state of being brain dead.

I'm more partial to studying mad hatters than modern day tin foil subjects since mad hatters had to wear their hats as part of their of their job doing society's undesirable work.

Their descendants are a pandemic part of what is termed "The Age of stupid"

http://www.imdb.com/title/tt1300563/

I see too many tin foiled consumption addicts that were neglected as biological byproducts of dissolved unions.

They usually cry for help silently by waiting in line for days on end waiting for Star Wars sequels to open and sometimes frigid hours for Post Thanksgiving Black Friday store door openings to save a few dollars since apparently they have not figured out how to generate enough thin air printed monetary units.

If only the two units called biological mother and father actually stayed around long enough to parent them, maybe they would not behave so irrationally but then again, without such happenings colorful slice of life short stories are impossible.

Now excuse me but I must get back to the real world where there is a Pagan sun deity worship day linked Christmas tree that must be placed into service so little ones can enjoy their short stay in the happy fantasy land that is the life of some blessed children.

Wish all children can experience all the blessings that a normal life would have provided had their parental units not attenuated their relationships and effectively behaved like petulantly selfish children in grown up bodies.
 
Interplay filed court papers earlier today asking for the lawsuit to be dismissed on grounds that the court does not have jurisdiction over contract law disputes since Interplay believes this is a contract law dispute rather than a Trademark dispute.

They also asked the Judge to strike from the record the Affidavit of Zenimax Chief Operating Officer James Leder because it is based:

Begin Quote:

" "largely on Information and belief" rather than personal knowledge and is affirmed entirely on information and belief. Further, much of the Leder Affidavit is speculative and contains unfounded conclusions. The entire Affidavit should be stricken because it is incompetent and inadmissable under the Federal Rules of Evidence"


End Quote.

In cinematic terms, this was a

http://www.imdb.com/title/tt1212974/

by Interplay Lawyers of Bethesda Execs and its lawyers.

They also asked the judge to strike entire sections if she will humor Bethesda and allow parts of the Affidavit to be entered as evidence.

Interplay is arguing that Leder has no right to say that the Fallout Trademak is "inherently distinctive" to thinking of Bethesda in consumer's minds.


Basically, when most of us think Fallout we do not think of Bethesda's abomination of desolation that is Fallout 3 but of Interplay's Fallout 1/2

Leder also alleges that Interplay was using the codename Project V13 for a completely different game than the Fallout MMO and that is a Trademark violation.

We all know that is not true based on Interplay's evidence filings.

To quote V for Vendetta screenwriters: Basically the Bethesda COO Leder is lying through his Ulcered Sphincter of Asserica by alleging that Project V13 is not Fallout MMO.

I guess he doesn't think the submitted as evidence "evidence emails" do not repeatedly ask for permission to advertise Fallout MMO on Interplay's website and through a press release announcing the beginning of development of Fallout MMO.

Interplay asked over and over if it okay with Bethesda to publish that they are working on Fallout MMO but Bethesda lawyers refused over and over in printed out and submitted as evidence emails.

Also design docs, concept art, screen shots, demos all depicting a Fallout MMO are just a mirage I guess.

Fallout released compilations never existed before Bethesda thought they existed and on and on and on.

The gist is this:

According to Bethesda: space/time causality does not exist, a parallel universe exists with non existent Trilogy/Saga/Collection games prior to Fallout 3 , Tangible evidence is not really evidence but Bethesda Allegations and hearsay are actual Bethesda Alternate non causality based universe evidence.


This charade is getting quiet ridiculous to say the least.

I wonder how long the judge will allow this.

Maybe she's got a fetish for alternate Bizzaro world reality type postulates.
 
orionquest said:
Basically, when most of us think Fallout we do not think of Bethesda's abomination of desolation that is Fallout 3 but of Interplay's Fallout 1/2
yes, that counts for many "here" (probably).

But letz be serious and honest for a min. what does it mean to the millions of players out there that bought and loved Bethesda games most important "Oblivion". What will the big part of gamers think in 4 years (or so) for the case Fallout 4 is made.

Exactly. Bethesda made it. Just how many people today think Todd and his peeps made "The Elderscrolls" with Oblivion or Morrowind or something. Which is neithe really correct.

*Edit
It might be not far to say that Fallout might see the same fate as the Ninja Mutant Turtles that have been in the begining not the kidz friendly cartoon they are today and where "old" fans of the series feel ashamed to even get mentioned with the Turtles in the same sentence. You know I heard some old turtle games contained even necrophila for the characters or something.
 
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