Bethesda reclaims Fallout MMO rights
Litigation ends in settlement between Bethesda and Interplay over massively multiplayer game; Interplay loses rights, but gets $2 million as "consideration."
The legal battle that began in 2009 between Bethesda and Interplay has finally ended. Bethesda parent company ZeniMax today announced that a settlement between the two companies has been reached, with Bethesda getting back rights to develop a massively multiplayer online game set in the Fallout universe.
The legal battle began in April 2009 when Bethesda opted to revoke the Fallout MMORPG rights just as Interplay had entered into a development deal on the project. The two publishers then sued each other, setting off a protracted legal battle.
According to a press release describing the settlement, the "license granted to Interplay to develop a Fallout MMO is null and void." Further, all rights first granted to Interplay are now reverted back to Bethesda, effective today.
Additionally, under the terms of the settlement, Interplay has no right to use the Fallout brand or any related intellectual property for future development. Further, Zenimax said it will pay Interplay $2 million as "consideration" in the settlement.
Lastly, the terms of the settlement note that Interplay is permitted to continue selling Fallout Tactics, Fallout, and Fallout 2 through December 2013. After that time, all rights to market those titles fall back to Bethesda.
Speaking about the end of the litigation, ZeniMax chairman and CEO Robert Altman said he is satisfied with the resolution.
"While we strongly believe in the merits of our suits, we are pleased to avoid the distraction and expense of litigation while completely resolving all claims to the Fallout IP. Fallout is an important property of ZeniMax and we are now able to develop future Fallout titles for our fans without third party involvement or the overhang of others' legal claims."
While I don't exactly want a Fallout MMO either, i would definitely appreciate if there was a sort of multiplayer, say like a Red Dead-esque type of online play. And I'm not sure why some of you hipsters are freaking out the way you are; Interplay didn't fulfill the requirements of the contract as specified, therefore the agreement was terminated. And you can say as much as you want that "Fallout 1&2 are better! The others aren't real Fallout games!." Fallout 3 (and to a lesser, irrelevant extent New Vegas) were still great games. Accept the fact that the franchise has changed, as have the times. I think any company would rather sell to the higher product market than the 48 hipsters who don't like the new Fallout games.
I just hope Bethesda gets going on this bad boy.
@supertom221 "Interplay CREATED Fallout" No, Black Isle Studios created Fallout. Interplay just marketed it, robbed BIS of the IP (also Balder's Gate), and then shuttered BIS b/c they're retarded and mismanaged. Then, Interplay themselves agreed contractually with Bethesda to produce (again - produce, not create) an MMO version of Fallout within a set timeframe and budget, which I felt and that Interplay must have felt was generous. If they didn't feel that way, then they wouldn't have signed up for it. In the end they did not meet their obligations, so they got what they asked for. As well, Interplay voluntarily sold the Fallout IP they stole from Black Isle to Bethsoft for a hefty sum - it's not like Bethsoft was like "imma take your IP" and just walked off with it - so Interplay has no one to blame but themselves for this.
I loved fallout 1 and 2, fallout tactics was lame, but I still love fallout 3 and fallout new vegas, sure they inperfections, but it still a good game and still has its merits, and Bethesada are prob one the best gaming companies going in my opinion, esp for pc gamers due to there 'mods'.... ie if they something you don't like, then the community can fix it! how many other gaming companies give the user that much power over there game!
if u were a real fan u would welcome any fallout that comes out even if it comes out as a RTS MMO FPS RPG
fallout 3 was nothing like fallout 1-2 wich these where hardcore games.... F3 was Oblivion in every single way just in a apocalyptic world.
@ Orpheus_Evo - So Fallout 3 isn't really a Fallout game? So does that mean Arkham City isn't a Batman game? Does that mean Call of Duty 3, World at War, Black Ops, and MW3 aren't Call of Duty games? I understand what you're saying, but the way you're saying it is making you look like an idiot. I wish I could strip the aforementioned shooters of their Call of Duty titles because they weren't developed by the core Activision team, but such is life. To counter that, though- I think Rocksteady Studios made two of the best Batman games we've ever seen. And consider Star Wars! If we adhere to your logic, wouldn't that exclude EVERY Star Wars video game from being genuine material, as it wasn't a product of the original creator? I think any Metal Gear game not made by Hideo Kojima is automatically reduced to garbage, but the fact of the matter is- he didn't start the series. Metal Gear 2 was merely a job he picked up.
@supertom221 @StryderAR You're AWESOME. Can I be your friend? :) Bethesda SUCKS. They make CRAPPY games, for people with the "Videogame Culture" of a snail. The ONLY thing they have is TES... Why, in the name of everything that's sacred, people is still buying that piece of crap is beyond me... but that's the only thing is permitting them to keep doing all the things they do (like suing Interplay or Mojang). That damn "money-making machine".... @Diablo454545454 They CAN'T (thank God!). They don't have the rights. And they don't created Arcanum. And that's an OUTSTANDING thing, because that was an EXCELLENT game (although a little bit buggy), and I really don't want to keep seeing all the Great Games of my Past converted to an Oblivion-esque version of them. :( Because the only thing Bethesda knows how to make is The Elder Scrolls games... wait, did i say that already? My bad... ;) Bottom-line: Bethesda SUCKS. And FO3 ISN'T REALLY A FALLOUT GAME... it only has the same name. And Interplay SUCKS EVEN MORE... for selling THE BEST FRANCHISE OF ALL TIME to its Nš1 Competitor... it's very similar to what happened with 3DFX and Nvidia... they should have released "Van Buren" when they had the chance... maybe that way they wouldn't have crashed and burned when they did. Bastards.
I think this was a wise decision. Interplay has canceled so many Fallout games simply because they couldn't follow through. The developer they were using for FOOL looked pretty mediocre... Best leave it to Obsidian Games to develop Fallout Games for Bethesda from now on because they did it from the start as Black Isle Studios.
fallout 3 was weak sauce compared to 1 and 2 ... if you thumb me down you never played 1 or 2 ... dont get me wrong, fallout 3 was cool, but not a real fallout game.... tiny city populations with no real underlying politics beyond the main story, NO mature content compared to 1 and 2 (you could be a fluffer in porn movies in the classics if you so desired, and likely catch crabs as a result, there were drug addicts everywhere, etc etc, it was a true post apocolyptic future) the most mature thing i saw in fallout 3 were cannibals tormenting a 'town' of 4 families.... oooh cannibals, scary... bring back the scag addicts please
Up until this story broke. I had no idea Interplay was still a company.
Good news.
It really doesn't matter, as long as a Fallout MMO doesn't get made. :)
@supertom221 Sorry, but you're quite simply wrong. Interplay, in a desperate bid to stay afloat, sold the rights to the entire Fallout IP to Bethesda for $5,000,000. Bethesda then allowed Interplay to develop a Fallout MMO on the contingency that they met certain obligations. When Interplay failed in meeting these obligations Bethesda then moved to cease Interplay's development (or supposed development) of the Fallout MMO. As to your post below: no, Bethesda were completely in the right in this case. Oh, and they didn't win, they settled the case. A settlement is where a deal is struck up between two litigating parties and both parties agree to it. Don't blame Bethesda here. Blame Herve Caen and his crew for running Interplay, a major publishing house, into the ground after driving their own company (Titus Software) into oblivion. Bethesda/Zenimax have been completely fair and more than generous in this whole ordeal.
@worlock77 Read again please. Bethesda sued them the moment they got the rights, And I don't think they were allowed to develop it until the case was settled, for worse or for good.
Before tha fanboys go raging hard on me, here's a fun a fact: Interplay CREATED Fallout. Not Bethesda. Beth created TES and Fallout 3, which, while being a great game, is still not a real Fallout. So this isn't good news. If anything, this is a total screwup and the only reason Beth won this is because it was deep in the legal system's pockets with ZeniMax at their back. Surely ZeniMax would never give so much to have Bethesda win if it wasn't for Skyrim. Skyrim was a massive money-maker and a jackpot, so they helped Bethesda knowing they could make even more money out of a Fallout MMO. Such is ZeniMax, and all other money making corporations. Bethesda, you dissapoint me over and over again.
I really sorry for Interplay.
Bethesda fanboys giving thumbs down to every person that feels sorry for Interplay and loves old Fallout games. Great. The truth is: fallout 3 it's not a Fallout game. And bethesda is a den of trolls that sues people for one word.
We don't need a fallout-wow-clone, hope these rights are never used by anyone.
Bethesda + MMORPG == More bugs then a bee hive
I Wont be buying this on release.Please Bethesda do not finish the Fallout MMO, it's not needed and doesn't fit the game world. Regards A.N. MMOfan PS The Eldar Scrolls is a different matter all together
Remember Interplay?
please don't do ANOTHER MMO. kids today are already fat and don't go outside.
Best news i read since morning
Too bad many people from the old interplay left the company to go to other game developers. I loved the "old" interplay, the new interplay isn't the same as the old but if they can somehow regain they're reputation in the gaming biz then I'll be tremendously happy.
@_Silent_Jay_ Sorry I didn't realize that the case is still in courts, my mistake. Yet I can't agree with you about Bethesda's concern. The word "scrolls" belongs to the English language, any party has the right to trademark it as long as it's the first to do so. Think, for example, how many games have the word "dragon" in their titles? If suits are gonna start flying because of "dragon" it will be chaos. Also, The title of Mojang own Minecraft bears a striking similarity to Blizzard's Warcraft and Starcraft, even more than that's of Scrolls to The Elder Scrolls. Yet Blizzard took no action against Mojang because it wouldn't make much of a sense.
@thrashmaster No, they were not working on it. If they were they would have had something real to show for it by now and they'd still have the rights to develop the project. Them being allowed to develop was dependent on this reaching certain development obligations within a certain timeframe. They failed to meet these obligations.
@worlock77 I have to disagree with you, although I don't feel that Interplay had the financial backing to produce a high budget/high quality MMO, they were working on it and were going to release it in 2012. If they didn't then the rights to the MMO would have gone to Bethesda automatically anyway. Unless Interplay was in fact going to release the Fallout MMO on schedule there would be no point in Bethesda paying Interplay $2 Million, they would have just waited for time to run out and gotten the rights regardless. But now I don't feel that Bethesda is going to do anything with it, if they would make an MMO it would be an Elder Scrolls MMO most likely.
@GAMERALL, the suit against Mojang was a lot more complicated than that. Mojang tried to trademark the word "Scrolls" across all media, and that's what got Bethesda concerned, as it would legally threaten their own trademark internationally. What made things worse was Notch acting like an idiot about the suit, and that pushed Bethesda into full litigation mode. Mojang didn't win the case, it's still before the courts, but they did win the injunction.
Glad things turned this way. A Fallout MMO would flat-out suck given Interplay's current state. On the other hand, I don't "strongly believe" in the merits of Bethesda/Zenimax suits. Suing Mojang over "scrolls" was totally ridiculous. They deserved to win the former case and totally deserved to lose the latter.
I hope Bethesda remake or makes a sequel to arcanum . It would be epic its like combining the elments of fallout and elder scrolls :)
>The last hope for that died with Troika years ago... Alas it is so.
It's a settlement. Not a "reclaim".
Honnestly, Fallout franchise died with Fallout 3... or should I say TES with guns... :lol: Seriously, Fallout 3 got absolutely nothing in common with Fallout 1 and 2... nothing at all.
@501stormtrooper What makes you think Interplay would've produced a game like Fallout 1 or 2? The last hope for that died with Troika years ago...
I don't particularly like Bethesda....But Herve Caen is like a cancer. I wish his 'Interplay' would just die already.
why dont interplay just release a spiritual successor mmo without the name fallout , they couldnt sue that
Don't feel bad for Interplay folks. They made their bed. They sold the Fallout franchise, were allowed the keep the right to make a Fallout MMO as long as they met certain requirements at certain deadlines, failed to meet those requirements and now they have to live by the deal they agreed to.
@thrashmaster No, the Fallout MMO was no in development. Not in any meaningful way. Yes they had a neat little project name for it, but they've had years to work on it and thus far all they've got to show for it is a handful of pieces of concept art. Interplay never would have produced a Fallout MMO. They simply don't have to bank to seriously undertake such a project. MMO's are expensive and risky undertakings for companies that are on solid financial footing, nevermind one that's living on credit to keep the lights turned on.
I feel bad for interplay. their "baby" is now in the hands of someone else.
Well, this pretty much put a bullet through Interplay's head. Fallout is pretty much their final hope and it's gone. Such a shame that we'll never see Fallout 1 & 2 style gameplay again. Not exactly saying that FPS Fallout is bad, it's really good.
I don't mind if they make a jump-in / jump-out single player world (similar to what Fable 3 / Sacred 2 has done - if the player allows it), however not a MMO where I have to pay more money per month.
damn, feel for interplay..wonder whay will happen now, the MMO was pretty much ready for beta.
Never tought that was a good idea. Fallout 3 while a great game is already thin on story. A Fallout mmo ........
the guys with better lawyers always win.
Sounds exiting,i keep my eye`s open for more news. To early to say anything about it.
Well Interplay got what they wanted... cash. 'cause I'm pretty sure Interplay can't make a game as good as Fallout 3 or New Vegas even if they had cloned an army of Steve Jobs and Bill Gates to make it.
Fallout mmo? Pass.
I will welcome a new Fallout with open arms :)
I have absolutely no idea what to make of this. While I am doubtful that the remains of interplay had the resources to make a serious go of a Fallout MMO. I am not really interested in Bethesda making one either. I guess we will have to wait and see.
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- Publisher(s): Interplay
- Genre: Role-Playing
- Release: Canceled (US)







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