Interplay wants more money, Caen's statements unveiled

Caen really is a fucking weasel, isn't he?

 

Well, they had little choice but to sign the deal with Beth and now they can trick their way out of the situation by acting like they're the victims.

 

still, it was their (or his, if you know who I mean) own stupidity that forced them in such a situation in the first place.

 

Why doesnt interplay try...

making a game? I think that would solve most of their financial problems. I mean, I understand it's a hard thing to do if you only have like 12 years to do it.

They could release a 1920x1200 resolution independent styled, low tech game and put it on steam. Make themselves several hundred grand in a weekend for a 9.99 game.

This forum reminds me of mudcentral. Good, creative players who are fans await a company that is run like crap to release nothing. sucks.

 

Beats me. AFAIR they were to ressurect some of their old titles. Guess that with all the commotion around FOOL it won't happen anytime soon, or at all.

Also, few people actually wait for FOOL. It's more of a soap opera for us, watching Beth and Herve fighting for a franchise that should be long dead.

 

As a shareholder, I complained to Herve years ago that Titus as a gaming business was a dead end(due to lack of rabid fan base of their games) and he should focus on Interplay instead of using Interplay to keep Titus alive but he was stubborn in trying to continue to keep his and his brother's baby afloat using Interplay.

Only later on did Herve realize this and allowed Titus to go bankrupt and tried to salvage Interplay.

Sometimes, if one is not vociferous enough with their cogent thought, people do not listen.

It is human habit. Human beings have a distinct inability to listen.

As far as the "dumping" of 300k on Friday, I have succinctly stated on ragingbull what is a classic description of having a position liquidated to meet margin calls.

Many traders have been on a joy ride from March 2009 up until a couple of weeks ago when the artificially pumped up market stopped being so artificially pumped up and started tanking.

Some traders who only buy long positions(bets on price rises) instead of mixing in short positions(bets on price declines) got caught buying dips in stocks that never recovered from those dips and instead continued to go down.

The trade in questions happened over the span of 1 minute. That is a liquidation at market.

Not many of us where able to take advantage of the dip in price in order to accumulate more shares at a lower price.

Interplay is priced like an out of the money stock option. It is risky of course but the risk/reward ratio is risk going down vs reward of a 1500% skyrocket.

That is a good bet to make but means nothing when a broker forces a client to get within margin requirement compliance at the expense of whatever securities are held in cash by the client(IPLY has to be held in cash as would anything trading below a certain threshold usually $3-5.

The guy who was liquidated must have been pissed to see his position be liquidated and for the price to recover almost all the loss he saw.

Also the guy who bought the 5k shares at 6.28 cents is also pissed to see them quickly drop below and rebound but hey, you live and learn from your lessons.

As much as it is rigged by the big institutions, the market is a live beast that acts irrationally because it is made up of participants that are irrational.

How irrational?

Nobody wanted to pay 7 million to scoop up the obviously talented Blizzard cheaply but the same person who did not pay 7 million ended up paying 7 Billion for the company.

How's that for a busy ness decision?

This irrational behavior happens over and over.

The person that wouldn't have nothing to do with you one day suddenly wants to be your best friend the next.

There are much better arguments that Herve Caen can make that myself and others have previously brought up.

You hope that he is listening. Also, he needs to improve the MMO argument he is making by the following which was also previously mentioned:

Bethesda's COO testified that an MMO takes 4 years to make. Even if they win the MMO case which is still doubtful due to the ambiguity of the conditions of the contract, they can only release the Fallout MMO 4 years after their potential win of the case unless they want a lawsuit on their hands stipulating that they were already working on it before winning the lawsuit and they lied in their affidavit.

Bethesda's court based testimony has forced them into a no win situation as to getting Fallout MMO released prior to 4 years from at least now.

The most absurd thing is that both "genius" sides have not settled their disputes in order to act more like contract partners rather than tabloid couple fodder.

To both sides I say: Time is money, bitche$.

Which part of that basic reality don't you understand?

Let's hope the creative people working at these companies have a bit more business sense than these "busy ness" people or you can kiss both side's asses bye bye ala this:

http://www.youtube.com/watch?v=u2ZfnXeY0yM&feature=related

Hey at least this scene was more realistic. In another, the Fallout Baby is born smart enough to disarm a bomb.

How's that for unintentional humor in a humorless game.

 

If it is insiders then they are setting themselves up for a lawsuit + they would have to file stating they are selling which has not been released.

Plus, insiders do not own as little as 300k shares. If I end up owning 5% or more in the company then I would also have to file so in that perspective it is not a good idea to buy that much in companies.

If it was insiders dumping then first they have to be arrogant or stupid enough to not expect a lawsuit and second, there will be millions of shares being traded to the downside and I am talking about several millions closer to 10 rather than 1 but you bring up a good point nonetheless.

The only people currently making any money over this mess are the lawyers and the market maker who stepped in and bought the liquidated guy's shares and several people who hopped on the ride.

300k on Wallstreet is considered illiquid and hence chump change but that does not mean that the market maker does not have person taking advantage of milking the chump change for all its worth.

 

Here's a summary with some more details, as well as quotes from correspondence between Herve and Bethesda's reps:

http://fallout.wikia.com/wiki/User_blog:Ausir/Herve_Caen's_court_statement_revealed
http://fallout.wikia.com/wiki/User_blog:Ausir/Interplay-Bethesda_correspondence_unveiled

 

amidst all the bickering and somewhere in the background is a little engine that could plodding along the tracks. i'm putting an ear to the track and wondering if the wasteland 2 will arrive...

 

Is it just me or does Herve actually have a chance vs Bethesda here...?

 

This stuff is better than any soap opera could hope to be. I am going to get my self some popcorn in preparation of the gripping conclusion.

 

I have to smoke weed to understand this legal talk, which makes me wonder, what they are smoking.

 

Yes, he does. His lawyer has entered into evidence proof that Bethesda Stonewalled Interplay in using the Intellectual Property it licensed to use per the agreement.

Bethesda basically stated in the emails that Interplay was not allowed to use the fallout trademark when Interplay tried to announce they were working on Fallout MMO.


Further, Bethesda's COO falsely testified in his affidavit when questioned if Interplay was working on Fallout MMO, stating that he had no idea that they were attempting to work on it when in fact he was privy to what was going back and forth in the emails entered into evidence.

Interplay had at least 1 gaming industry investment lined up to provide funding( IG2 games)

and they ended having Masthead Studio provide funding and workers to work for Interplay which is allowed as long as they do not sub license the Fallout IP license which they did.

Bethesda arrogantly thought that Interplay was going to die off and or not be able to find investors.

Not only did they find investors but they also found a company that has MMO technology that will work under the direction of Interplay to help make the game.

Interplay's lawyer has been showing that Bethesda does not understand the contract that they signed with Interplay and in a court of law, every little word in a contract is open for examination if not clearly stated.

The contract does not state that if Interplay does not have 30 million on deposit somewhere they cannot do any work on the game. It only states that 30 million in financing must be available by April 4th 2009. It does not state that 30 million already had to be spent on that date but the availability of the money must be there by that date.

The contract does not allow Bethesda to stonewall Interplayand prevent them from announcing that they were making the Fallout MMO game and from showing Fallout MMO art(They have the license to do that per the contract which supersedes the Trademark law lawsuit and therefor the insistence of Bethesda of Interplay not using the art of the trademark.

Bethesda has used their ownership of the Fallout IP to tell Interplay that they cannot use any artwork or make any announcement at all unless they get notify Bethesda of funding availability first.


Vague contract wording like "full scale development" "30 million financing" and how many people quantify as "full scale development" must be adjudicated by a judge and not just by what Bethesda's COO says even though he hires people who contradict his statements.

Had strictly defined explanation been worded into the contract that would one thing but it was not.

Also, Bethesda's lawyer tried to fool the judge when telling her that Interplay and Masthead's contract does not have the word binding and she rebuked him right away reading the word "binding" at the end of the document.

His called her a fast reader. She responded by saying no, she just started backwards.

He might have been counting on her not reading the word binding while he moved on to his next question but she caught him on his lie rather quickly and he responded by making a joke that he should approach the way he does things another way( as in backwards)

There was laughter in the courtroom but statements like that which are easily proven lies destroy your credibility in court.

Now Bethesda is going back for seconds with a new lawyer but the same judge already has in the back of her mind the fact that Bethesda's deposed employees and their lawyers have blatantly lied in their filings, in the affidavit and in front of her in court, thereby shaming her court for allowing this charade to have continued.

 

Bethesda are gluttons for punishment.

 

I think it's pretty obvious that they'll be able to continue publishing their old games (as long as they don't sell all the rights before it's all over). They will likely lose the rights to the MMO, and they are well prepared for that.