SuAside said:
so what's the strategy here? let the courts take this, drag it out for as long as possible until he has something to show for it. and then try to convince Beth to allow them to release it while settling in court?
Judging from past experiences . . .
Herve won't have a real stratgety. "Zeez stupee Americahns, I own ze Fallout, no?" He'll fume and wheedle, claiming the lawsuit more than what it appears, if that. He'll beg for more time, file some extension requests, and hope he can get his FO:OL project of the ground and making money, "Zen, Evreebody will see, I am ze master, no?"
Beth's strategy is pretty clear. Continue to bring to the court's attention Herve clear breach of contract rules. Let Herve own incompetence tanks his deals, and then deploy World of Fallout (or what ever they use for a title).
You see, its pretty clear cut, Herve doesn't own Fallout anymore. It is no longer an Interplay product. All of it belongs to Beth, just as if they developed from the get-go. They allowed Herve to develop a single new product (FO:OL) using their intellectual property. Herve, in his arrogance, decided to sell Fallout Stuff without checking with Beth. Yet again, his arrogance and inflated sense of self-importance tanks a deal.
Herve had no more right to sell fallout product that he does to sell Warcraft.
Where the terms of the Beth deal harsh? Yes. But, they had to be. With Herve's track record of squandering money and foolish business actions, Beth wanted to limit the nonsense Herve could do. All he had to to do was stay focused on FO:OL, yet he didn't.
Could Herve have completed FO:OL under the Beth contract? Herve? No, I don't think so. However, IPLY could have. If Herve stepped down and became just a major stockholder, then with out this moron sticking his fingers in the pie, investors might have been wiling to risk money. With him and the helm, nobody is going to be that foolish, not even the french.
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