Interplay wants more money, Caen's statements unveiled

Discussion in 'NMA News and Information' started by Brother None, Feb 2, 2010.

  1. Brother None

    Brother None This ghoul has seen it all

    Apr 3, 2003
    The first bit is Interplay demanding Bethesda pay all of their legal fees, including attorneys' fees. It's of no real interest unless you want to be reminded of how much money attorneys make.

    The longer, more interesting bit from our buddies at DaC comes from Interplay CEO Herve Caen's statements to the court. It doesn't really contain anything we don't already know, though.<blockquote>Interplay has not sub-licensed its rights to Masthead, but rather entered into a development agreement for Masthead to work with Interplay to develop the MMOG. Interplay has not assigned any rights in the Fallout mark or in its MMOG to Masthead or to anyone.
    The advanced state of Masthead's technology and Interplay's extensive pre-production phase resulted in a playable demonstration in March 2009. The demonstration is a portion of the post-apocalyptic game world, incorporating buildings, locations, objects, non-player characters, and controllable player characters. At the time of the hearing, or if requested by the Court prior thereto, we will submit the video demonstration of the game from March 2009.</blockquote>It also contains this highly specious argument.<blockquote>It is interesting that in or about August 2007, just four months after Interplay had entered into the TLA with Bethesda, Bethesda's parent compabny, ZeniMax Media LLC, announced the creation of its own MMOG development house, ZeniMax Online Studios. Based on Bethesda's subsequent conduct it thus appears that Bethesda never intended to permit Interplay to develop an MMOG under the terms of the TLA and planned from the outset to terminate Interplay's rights and grant them instead to affiliated ZeniMax Online Studios for a Fallout MMOG.

    Bethesda's attempt to terminate the MMOG rights undert the TLA is consistent with its overall conduct designed to interfere with Interplay's exploitation of rights granted undert the parties' agreements, including Interplay's Merchandising Rights to the Interplay-developed Pre-existing Fallout Games.</blockquote>In other news, Interplay's stock seems to have been ticked down a little bit as someone dumped 300k stocks into the market. Why? Who knows.
  2. Sicblades

    Sicblades Antediluvian as Feck
    Orderite Board Cop oTO

    Aug 28, 2008
    Caen really is a fucking weasel, isn't he?
  3. Brother None

    Brother None This ghoul has seen it all

    Apr 3, 2003
    In general; sure, I guess, though we could consider letting up the mudslinging and personal attacks at some point. We have no reason to like him and that hasn't changed.

    In this specific instance: no. His argument is specious because he has no proof for it, but in a non-legal sense it's "obvious" Bethesda has acted in bad faith and with full intent to recover the full Fallout license eventually. This was obvious from the moment Interplay signed that impossible agreement. Interplay acting the kicked puppy now is a bit odd, since they knew full well what they were getting in to, but it's hard to peg them as the bad guy.
  4. Ravager69

    Ravager69 Sonny, I Watched the Vault Bein' Built!

    Dec 21, 2007
    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.
  5. Crni Vuk

    Crni Vuk M4A3 Oldfag oTO Orderite

    Nov 25, 2008
    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.
  6. el_jefe_of_ny

    el_jefe_of_ny Still Mildly Glowing

    Jan 6, 2010
    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.
  7. Ravager69

    Ravager69 Sonny, I Watched the Vault Bein' Built!

    Dec 21, 2007
    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.
  8. Brother None

    Brother None This ghoul has seen it all

    Apr 3, 2003
    They have been releasing ports of their older titles to PSN/Xbox Live/WiiWare/whatever, not to mention re-releasing their PC games via outlets like GOG, and have been releasing new titles for the DSi, like T-Rex Rumble or even using Titus property batnapped to Interplay like Prehistorik for DSi's Prehistorik Man.

    So they're doing it. Just nothing big.
  9. orionquest

    orionquest First time out of the vault

    Jun 26, 2004
    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:

    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.
  10. Brother None

    Brother None This ghoul has seen it all

    Apr 3, 2003
    Yip. I agree with you that's possibly it, but it might also be an inside dealer fleeing before bad news. I don't really know, and it's note-worthy regardless.

    Hah. Good point.
  11. orionquest

    orionquest First time out of the vault

    Jun 26, 2004
    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.
  12. Ausir

    Ausir Venerable Relic of the Wastes

    Apr 20, 2003
  13. decline

    decline First time out of the vault

    Jun 14, 2007
    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...
  14. Sicblades

    Sicblades Antediluvian as Feck
    Orderite Board Cop oTO

    Aug 28, 2008
    Is it just me or does Herve actually have a chance vs Bethesda here...?
  15. Ausir

    Ausir Venerable Relic of the Wastes

    Apr 20, 2003
  16. Dude101

    Dude101 Vault Fossil

    Aug 3, 2005
    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.
  17. UnidentifiedFlyingTard

    UnidentifiedFlyingTard Vault Fossil

    Mar 12, 2009
    I have to smoke weed to understand this legal talk, which makes me wonder, what they are smoking.
  18. orionquest

    orionquest First time out of the vault

    Jun 26, 2004
    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.
  19. UnidentifiedFlyingTard

    UnidentifiedFlyingTard Vault Fossil

    Mar 12, 2009
    Bethesda are gluttons for punishment.
  20. Dionysus

    Dionysus Look, Ma! Two Heads!

    Oct 13, 2008
    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.