Interplay v Bethesda court filings

I don't really care what the future Fallout games might be like. Fallout has been dead for over ten years already and Bethesda and this New Vegas stuff have managed to water down the whole thing. It's a Star Wars situation. You can try to ignore the prequels and remastered editions, but they are there and they will remind you of Darth Vader used to being a nosy kid who raced against computer-animated cereal characters when he wasn't building C3PO.

But, one thing's for sure. If someone has to reap money from it let it not be Bethesda. Not just for what they did to Fallout but because of the overall image of the company and ZeniMax.

The judge is going to decide on behalf on Interplay and orders burning down all copies and all accessories, including bobbleheads, of Fallout 3. :clap:
 
It's funny how people quickly change their opinions... Not long ago the same people that wanted Interplay to "just die already" are cheering it now :].
Personally I would love Bethesda to lose much money and get choked on Fallout.
 
Goral said:
It's funny how people quickly change their opinions... Not long ago the same people that wanted Interplay to "just die already" are cheering it now :]
Well, when it comes down to it:

Interplay is the lesser of two evils. Yes, Herve Caen doomed Fallout when he ordered to release Brotherhood of Steel and cancel Van Buren, also dooming the title to be passed on to Bethesda.

But Bethesda on the other hand, have ruined the Fallout series altogether with their Oblivion with Guns. Now seeing the success of Fallout 3, they will most likely reap for First Person Shooter style again with Fallout 4 and 5 (which they have the rights for). Not to mention Fallout 3 is a sequel to the main games in the franchise but Brotherhood of Steel was a Spin-Off (which are usually considered un-canon, in this case, it is un-canon). So Bethesda plan to make (supposedly) 2 more games just like Fallout 3 because they know it'll make them money.
 
It is a hard decision. Do I want to see HC go completely bankrupt, Interplay to be sold off, perhaps to be bought up by Obsidian or InExile (owned by Brian Fargo)? Sure.

But on the other hand, I don't believe in revenge, which is quite honestly what Bethesda seems to be going for. I don't think Bethesda has been treating interplay the way it has out for simply business reasons; I think for them it is personal. I think this is true judging mostly by the past two years worth of news postings to the NMA main-page, and all the stories about how much they hate HC.


So perhaps we're looking at this the wrong way. On the one hand, Bethesda is trying to kill Interplay and ruin HC, which is what many have hoped for. On the other hand, it doesn't seem as if we have the stomach for it, after all.
 
the hate for hervie boy is for a few reasons. some justified, some not.

1) he pushed BOS for consoles rather than focusing on PCs where the IP started

2) he cancelled the 3rd incarnation of the IP because he couldnt afford to keep all the teams going, giving preference to console titles over what kept BIS alive which was PC titles.

3) numerous shady business practices which while strictly legal, are not very altruistic

4) numerous shady business practices which were illegal and landed him in court for numerous issues such as unpaid back wages.

5) due to losing enough money to keep them a productive studio, they could not finish FO3, and had to sell FO IP to another studio who went very retro for everything other than graphic technology.

im pretty sure there are more, i just cant seem to remember them off the top of my head
 
Let's not how HC screwed over his own employees by changing their payroll methods.


Corith, anyone?
 
Ausir said:
I'm surprised Corith hasn't appeared in this thread yet, actually.

He probably can't use his computer right now, what with the shaking hands and the frothing at the mouth and all.

Pinky said:
Me too, I would love to get his thoughts on this.

His thoughts are "Interplay is going to lose, Herve still sucks and had it coming, lying backstabbing untrustworthy bastard."

There you go.
 
Also, "Bethesda had it coming for thinking they could deal with Herve, no one can, he's a volcano of deceit that erupts and floods your village with flaming vipers."
 
I don't consider frymuchan a reliable source of information on IPLY. Too much of it is wishful fulfillment. He's got a long history of stating things as fact when they are not; claiming his opinion is truth. Only believe what you read in court documents.

That being said,
I warned Bethesda, several of us did. Like the movie Ocean's 13, Herve is a less intelligent Willie Banks in that he's cheated on every business deal, and Beth is playing the part of Rhuben - thinking their little scraps of paper were iron clad.

Bethesda was very foolish in cutting that 6 million deal - but hey, I got my money.

And, I stand by my view, that even if Herve won a 200 million power ball lottery, and owned the rights to fallout lock, stock, and barrel, he's still hose it up. He has no game knowledge and his arrogance precludes him from letting others with such knowledge override his decisions.
 
What took you this long? You're normally one of the first to comment on news like this.

Anyway, I have read the actual court documents and Interplay's claims are basically what frymuchan says they are (if you remove all the biased comments about how IPLY is surely going to win etc.). How much basis there is for these claims is another matter.

An excerpt:


Interplay and Bethesda entered into an Asset Purchase Agreement (“APA”) (...) Pursuant to the terms of the APA, Interplay transferred the Fallout mark and related intellectual property to Bethesda, in consideration for a certain monetary payment and most importantly the exclusive, perpetual, royalty-free, worldwide, right to continue manufacturing, have manufactured, sell and distribute, the Pre-existing Fallout Games (...) The APA does not provide that Bethesda could terminate same or Interplay’s rights thereunder. (...) Bethesda only retained the limited right to review and approve Interplay’s packaging and marketing materials to ensure that they do not exploit “any Fallout games or products...developed by or for [Bethesda]” or “trade upon the look and feel” of the Fallout gamesdeveloped by Bethesda. The APA does not contain any provision that allows Bethesda to terminate Interplay’s Merchandising Rights in and to the Pre-existing Fallout Games or otherwise cancel, rescind, or void the APA.

Bethesda sent a letter to GameTap LLC (...) In the letter, Bethesda published false statements to GameTap, including statements that Interplay materially breached its agreement with Bethesda and that Interplay did not possess the rights to distribute or sell the Interplay-developed Fallout game titles.
 
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