Misinformation presented in courtroom
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orionquest
First time out of the vault
Here is digital proof from 2006 of the existence of disputed Fallout compilations prior to Bethesda buying the license:
http://www.nma-fallout.com/forum/viewtopic.php?p=350188
Bethesda's greed and arrogance is getting them in trouble which is nothing new and proof of when a company gets too big and ready for the bigger they are the harder they fall scenario.
Their statement of the non existence of the Fallout trilogy and Saga games prior to their purchase of the IP in 2007 are out and out indefensible lies. It is Bethesda that in fact wants us to believe in the alternate Universe where these games were not released until 2009 since they did not hit it big until now. All you have to do is look for these already released games used online at amazon and other places in bargain bins and even petition fans to send snapshots and even allow the release of the used products.
also they wanted an injunction since they believe Interplay is harming their market when Bethesda is actually taking steps to prevent Interplay from selling anything related to fallout which actually does and has and will continue to harm Interplay.
Bethesda was arrogant enough to argue Interplay's side as theirs. This is textbook bad lawyer 101.
The situation with Interplay's claim of fulfilling all the rights to keep working on the MMO seem clear cut but are not exactly since Bethesda prevented Interplay from advertising that they are working on the MMO. If a company was working on the MMO for a 150 million dollar selling game, there would be plenty of investors interested in buying debt convertible into discounted shares when the game is released and someone would have given them a 30 million credit line in exchange for a good cut of future company profits via clipped coupon rate of notes, bonds, loan.
Bethesda's gluttony for Interplay's piece of the pie prevented Interplay from saying anything to anybody in the investment world until the clock ran out just as Bethesda intended. This is clear and malicious intent to harm your contract partner.
It is Bethesda's immense greed that is completely unveiled in this case in that they will stoop as low as lying outright to the Judge(contempt of court anyone?) in order to coerce the courts to do something that negates the contract in essence. With no MMO and loss of back catalog rights, Interplay is left with a castrated contract. This is not what was signed in 2007.
Bethesda, Fallout IP owners or not, are attempting to write Interplay out of the contract while Interplay skirts the 30 million dollars raised issue.
What if they actually have the 30 million but have been playing possum? What would Bethesda do? Tell the judge 30 million prior to recent dollar depreciation?
I have not had the time to read the full rebuttal but if this is what Bethesda's counter claim is, then they are in deeper trouble than I thought.
Outright lying to a judge in the face of indisputable contrary evidence is a sign of desperation by Bethesda and utter incompetence by its overpaid lawyers.
Pride comes right before Bethesda drops and gives us 20.
http://www.nma-fallout.com/forum/viewtopic.php?p=350188
Bethesda's greed and arrogance is getting them in trouble which is nothing new and proof of when a company gets too big and ready for the bigger they are the harder they fall scenario.
Their statement of the non existence of the Fallout trilogy and Saga games prior to their purchase of the IP in 2007 are out and out indefensible lies. It is Bethesda that in fact wants us to believe in the alternate Universe where these games were not released until 2009 since they did not hit it big until now. All you have to do is look for these already released games used online at amazon and other places in bargain bins and even petition fans to send snapshots and even allow the release of the used products.
also they wanted an injunction since they believe Interplay is harming their market when Bethesda is actually taking steps to prevent Interplay from selling anything related to fallout which actually does and has and will continue to harm Interplay.
Bethesda was arrogant enough to argue Interplay's side as theirs. This is textbook bad lawyer 101.
The situation with Interplay's claim of fulfilling all the rights to keep working on the MMO seem clear cut but are not exactly since Bethesda prevented Interplay from advertising that they are working on the MMO. If a company was working on the MMO for a 150 million dollar selling game, there would be plenty of investors interested in buying debt convertible into discounted shares when the game is released and someone would have given them a 30 million credit line in exchange for a good cut of future company profits via clipped coupon rate of notes, bonds, loan.
Bethesda's gluttony for Interplay's piece of the pie prevented Interplay from saying anything to anybody in the investment world until the clock ran out just as Bethesda intended. This is clear and malicious intent to harm your contract partner.
It is Bethesda's immense greed that is completely unveiled in this case in that they will stoop as low as lying outright to the Judge(contempt of court anyone?) in order to coerce the courts to do something that negates the contract in essence. With no MMO and loss of back catalog rights, Interplay is left with a castrated contract. This is not what was signed in 2007.
Bethesda, Fallout IP owners or not, are attempting to write Interplay out of the contract while Interplay skirts the 30 million dollars raised issue.
What if they actually have the 30 million but have been playing possum? What would Bethesda do? Tell the judge 30 million prior to recent dollar depreciation?
I have not had the time to read the full rebuttal but if this is what Bethesda's counter claim is, then they are in deeper trouble than I thought.
Outright lying to a judge in the face of indisputable contrary evidence is a sign of desperation by Bethesda and utter incompetence by its overpaid lawyers.
Pride comes right before Bethesda drops and gives us 20.
TheWesDude
Sonny, I Watched the Vault Bein' Built!
dio, actually if iply can prove they were prohibited from advertising and getting backers due to being unable to provide full disclosure to investors...
and that is a legal requirement... if you do not provide full disclosure to investors, you are liable for their losses... if the contract with beth for the mmo prevented iply to provide full disclosure to potential or actual investors, then as that would be part of the MMO contract, the judge could address that issue any way he wishes...
and that is a legal requirement... if you do not provide full disclosure to investors, you are liable for their losses... if the contract with beth for the mmo prevented iply to provide full disclosure to potential or actual investors, then as that would be part of the MMO contract, the judge could address that issue any way he wishes...
That doesn't make sense to me. IP inked a deal with a third party behind Beth's back to develop the MMO. If Beth didn't stop that, then how could they stop them from recruiting investors? I don't know that IP is even accusing them of such a thing. I've only heard that IP is complaining that Beth tried to prevent them from selling the old games online.TheWesDude said:
Most of us saw this court case coming when we knew the details of the deal a long time ago. IP got the license to make a game that they had no capability of making. It's not surprising that they couldn't raise 30 million. In fact, I would have been shocked if they did manage to meet the benchmarks set in the contract, especially considering the recent state of the global economy.
orionquest
First time out of the vault
Dionysus,
Bethesda prevented Interplay from displaying any of their work on Fallout MMO to the gaming media, investors and possible creditors.
This lead to the discrediting of Interplay's Fallout MMO effort by everybody including myself. We all had doubts in the back of our minds, thinking that it might be a ruse.
This breeds uncertainty which is a killer for a public company since it effects perception of the company and its net worth via the sum total of its outstanding common stock.
Had investors and creditors seen actual screen shots and demos and proof of concepts and seen the buzz generated by the media that rides the coat tails of the Mega Selling Fallout 3, Interplay's stock would have easily soared from where they are to about a dollar for example.
This would have taken the value of the company from about 6-7 million to a 100 million plus market cap.
The way the public markets work is you can issue a secondary to enthusiastic investors and be able to raise more than 30 million dollars easily since the revenue generated from Fallout MMO will dawrf the current market cap of Interplay by more than 10 times.
Some are missing the point of how public markets work. Companies issue secondaries all the time. The Global banking system temporarily saved its hide from a meltdown by having the individual banks and insurance companies and GM dilute their shareholders in raising more cash in the capital markets in order to get back on their feet and prosper.
Raising cash this way happens all the time. But investors need a good reason the fork over 30 million in money in exchange for convertible bonds and discounted shares and warrants.
What Bethesda did was stonewall Interplay's chances of getting vital buzz generated to attract investors and creditors to fork over a measly 30 million dollars for a project that could generated 50-100 million in revenue in its first year alone.
Bethesda has savvy executives who actually know how the capital markets work and they made sure Interplay never had their chance to even announce they were actually working on Fallout MMO when all signs point to yes all along.
The deadline for the availability of 30 million for the project was in April of this year but Interplay had been working on the project for more than 1.5 years and they could have raised 30 million had Bethesda allowed them to say they were working on it.
Companies that are going down the drain were able to raise billions of dollars( GM anyone? It needs around 30 billion per year of tax payer money just to say they are break even broke)
The Federal Reserve even extended their aggressive lending program to anyone and everyone( It's easy when you run the banking system and can print money out of thin air and monetize it when no one can buy the bond collateral but I digress since that is for another forum....)
Interplay could have actually applied for a loan from the FED in exchange for collateral which would have been convertible notes that allow them to provide equity in return and or Fallout MMO proceeds.
Bethesda's deliberate intent of not giving Interplay the smallest chance to be able to even announce their project is clear intent to harm their contract partner and run the clock out and claim the rights back.
Bethesda would be less guilty in the eyes of the court had they allowed Interplay to announce the product, show the concept art, show video of a playable demo to everyone including the media to generate enough buzz to skyrocket the stock on hopes of riding the coat tails of the sales of Fallout 3 so that big investors can step up to the plate and buy a 30+ million dollar secondary offering.
Interplay's market cap went from 1 million to over 30 million alone on the 2006 announcement of the Fallout MMO project( Investor presentation)
Now that we know that they have the goods for the MMO and Bethesda did not allow them to even post anything about it on their site and even tried to say that Project V13 violates their trademark when they do not own a Project V13 trademark,
This will be seen as very damaging to the Health of Interplay by the courts. The last thing we need is for a judge to sanction the crushing of a small company with mouths to feed by a greedy conglomerate hell bent on global gaming domination.
The atmosphere of working people losing their jobs in the millions is very bad right now for Bethesda's position, even with their Nazi style tactics "protecting" the intellectual property they got for little more than a song from a struggling company.
Our court system has to be a beacon of light for the little guys since 15 million in the USA alone lost their jobs since 2007 with the prospects of only 3 million new jobs to fill a small part of the gap.
The rest of the jobs are gone forever and only new industries and subsidies can create jobs in new fields.
The US consumer has been powering over 72% of the US economic GDP.
Just look at the recent 19% decline in the NPD game sales figures for October in what is supposed to be a recession proof industry.
10% declines are official depression statistics.
a 19% decline from last year's staring into the abyss October meltdown "bottom" is 6% from a Great Depression statistic.
Wake up people. You may be scoffing at this but you will fully understand what I am saying when it's your head under the sword if you are your loved ones are either out on the street or stop playing games when you only have enough money to buy your daily bread.
Massive and well funded Conglomerates are trying to crush out the middle class majority to make everybody their servant in their Fascist corporate fiefdom anti nirvana Hades realm.
Bethesda prevented Interplay from displaying any of their work on Fallout MMO to the gaming media, investors and possible creditors.
This lead to the discrediting of Interplay's Fallout MMO effort by everybody including myself. We all had doubts in the back of our minds, thinking that it might be a ruse.
This breeds uncertainty which is a killer for a public company since it effects perception of the company and its net worth via the sum total of its outstanding common stock.
Had investors and creditors seen actual screen shots and demos and proof of concepts and seen the buzz generated by the media that rides the coat tails of the Mega Selling Fallout 3, Interplay's stock would have easily soared from where they are to about a dollar for example.
This would have taken the value of the company from about 6-7 million to a 100 million plus market cap.
The way the public markets work is you can issue a secondary to enthusiastic investors and be able to raise more than 30 million dollars easily since the revenue generated from Fallout MMO will dawrf the current market cap of Interplay by more than 10 times.
Some are missing the point of how public markets work. Companies issue secondaries all the time. The Global banking system temporarily saved its hide from a meltdown by having the individual banks and insurance companies and GM dilute their shareholders in raising more cash in the capital markets in order to get back on their feet and prosper.
Raising cash this way happens all the time. But investors need a good reason the fork over 30 million in money in exchange for convertible bonds and discounted shares and warrants.
What Bethesda did was stonewall Interplay's chances of getting vital buzz generated to attract investors and creditors to fork over a measly 30 million dollars for a project that could generated 50-100 million in revenue in its first year alone.
Bethesda has savvy executives who actually know how the capital markets work and they made sure Interplay never had their chance to even announce they were actually working on Fallout MMO when all signs point to yes all along.
The deadline for the availability of 30 million for the project was in April of this year but Interplay had been working on the project for more than 1.5 years and they could have raised 30 million had Bethesda allowed them to say they were working on it.
Companies that are going down the drain were able to raise billions of dollars( GM anyone? It needs around 30 billion per year of tax payer money just to say they are break even broke)
The Federal Reserve even extended their aggressive lending program to anyone and everyone( It's easy when you run the banking system and can print money out of thin air and monetize it when no one can buy the bond collateral but I digress since that is for another forum....)
Interplay could have actually applied for a loan from the FED in exchange for collateral which would have been convertible notes that allow them to provide equity in return and or Fallout MMO proceeds.
Bethesda's deliberate intent of not giving Interplay the smallest chance to be able to even announce their project is clear intent to harm their contract partner and run the clock out and claim the rights back.
Bethesda would be less guilty in the eyes of the court had they allowed Interplay to announce the product, show the concept art, show video of a playable demo to everyone including the media to generate enough buzz to skyrocket the stock on hopes of riding the coat tails of the sales of Fallout 3 so that big investors can step up to the plate and buy a 30+ million dollar secondary offering.
Interplay's market cap went from 1 million to over 30 million alone on the 2006 announcement of the Fallout MMO project( Investor presentation)
Now that we know that they have the goods for the MMO and Bethesda did not allow them to even post anything about it on their site and even tried to say that Project V13 violates their trademark when they do not own a Project V13 trademark,
This will be seen as very damaging to the Health of Interplay by the courts. The last thing we need is for a judge to sanction the crushing of a small company with mouths to feed by a greedy conglomerate hell bent on global gaming domination.
The atmosphere of working people losing their jobs in the millions is very bad right now for Bethesda's position, even with their Nazi style tactics "protecting" the intellectual property they got for little more than a song from a struggling company.
Our court system has to be a beacon of light for the little guys since 15 million in the USA alone lost their jobs since 2007 with the prospects of only 3 million new jobs to fill a small part of the gap.
The rest of the jobs are gone forever and only new industries and subsidies can create jobs in new fields.
The US consumer has been powering over 72% of the US economic GDP.
Just look at the recent 19% decline in the NPD game sales figures for October in what is supposed to be a recession proof industry.
10% declines are official depression statistics.
a 19% decline from last year's staring into the abyss October meltdown "bottom" is 6% from a Great Depression statistic.
Wake up people. You may be scoffing at this but you will fully understand what I am saying when it's your head under the sword if you are your loved ones are either out on the street or stop playing games when you only have enough money to buy your daily bread.
Massive and well funded Conglomerates are trying to crush out the middle class majority to make everybody their servant in their Fascist corporate fiefdom anti nirvana Hades realm.