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Off-Topic Discussion => Gaming Discussion => Topic started by: Topgun on September 12, 2009, 07:53:30 pm

Title: Bethesda sues Interplay
Post by: Topgun on September 12, 2009, 07:53:30 pm
Quote
Three years after licensing the Fallout intellectual property in 2004, Bethesda Softworks bought it outright for $5.75 million from Interplay, which created the franchise. Under the terms of the deal, Bethesda licensed the rights to make a Fallout massively multiplayer online role-playing game back to Interplay, with the caveat the fallen publisher had to start full-time development within two years. That deal imploded in April, when Bethesda, dissatisfied with Interplay's efforts, revoked the Fallout MMORPG rights.

Bethesda contends that Interplay's unsanctioned sales of games like Fallout 2...

This week, the Bethesda-Interplay disagreement was elevated to a legal level, when Bethesda filed suit in federal court in Maryland. The suit accuses Interplay of 10 counts of breach of contract and trademark infringement by not abiding by a trademark license agreement (TLA) it had with Bethesda. The first was in relation to the Fallout MMORPG, which stipulated that Interplay had to have raised at least $30 million in funding for the project by the end of March 2009. As evidence such fund-raising did not occur, Bethesda points to a June 30 filing with the Securities and Exchange Commission which said Interplay had $2.54 million in debt and only $16,000 in cash assets.

Bethesda's complaint also claims that, 11 days after being informed the Fallout MMORPG license had been revoked and it could not enter into a deal with any third parties, Interplay formalized a deal with Bulgarian studio Masthead to develop the MMORPG Project V13.

The second part of the suit accuses Interplay of riding the coattails of Fallout 3 by re-releasing and repackaging older Fallout games without permission. Specifically, it says that the company was selling a compilation of Fallout, Fallout 2, and Fallout Tactics as boxed products called "Fallout Trilogy" and "Saga Fallout." The packaging of any such new boxed product needed to be approved by Bethesda, which claims it never did so. Bethesda also feels the name "Fallout Trilogy" was deliberately misleading consumers into thinking the compilation contained Fallout 3.

...diminished the Fallout 3 brand.

Finally, Bethesda accuses Interplay of entering into deals with several online game distributors without its consent, violating the licensing agreement yet again. GameTap, Good Old Games (aka GOG.com), and Valve Software's Steam service are all named as outlets which sold Fallout products without any permission from Bethesda, in violation of the licensing agreement.

Bethesda is demanding the court formally declare Interplay no longer has any rights to the Fallout name or trademark. It also wants the court to place a preliminary and permanent injunction on Interplay to stop it from selling any Fallout-branded products. It also wants Interplay to submit in writing a declaration that it no longer has any rights to the Fallout brand. No monetary damages are being sought.

http://www.gamespot.com/news/6217290.html?tag=latestheadlines;title;1
Title: Re: Bethesda sues Interplay
Post by: Locutus of Borg on September 12, 2009, 08:30:31 pm
 :jaw:
Title: Re: Bethesda sues Interplay
Post by: Blue Lion on September 12, 2009, 08:53:57 pm
Who would give Interplay anything nowadays?
Title: Re: Bethesda sues Interplay
Post by: Rhymes on September 12, 2009, 10:03:03 pm
Okay.

As of this moment, Interplay is dead.  Really.  Even if they're still around right now, they won't be for long.  If they lose the suit, they're toast, and if they get a lawyer good enough to win the suit, they'll be completely broke anyway. 

They are, in every way possible, ****ed.
Title: Re: Bethesda sues Interplay
Post by: Scotty on September 12, 2009, 10:04:59 pm
Does this mean the FS license is going to be up for grabs?

Just asking.
Title: Re: Bethesda sues Interplay
Post by: Stormkeeper on September 12, 2009, 11:28:36 pm
Does this mean the FS license is going to be up for grabs?

Just asking.
You really should learn not to ask about stuff like that. It's good to hope, but I doubt that Interplay will let go of it so easily. Unless it's dissolved as a result of this.
Title: Re: Bethesda sues Interplay
Post by: BlueFlames on September 13, 2009, 12:45:06 am
Quote
As of this moment, Interplay is dead.  Really.  Even if they're still around right now, they won't be for long.  If they lose the suit, they're toast...

Quote
No monetary damages are being sought.

Seems to me that Interplay will likely liquidate another IP, if they get terribly desperate for money again, while they work on pulling a game out of their collective ass.

Interplay is a beast that refuses to be buried.  Remember when the entire Black Isle staff got fired?  Didn't kill Interplay.  Remember when Interplay got bought out, and the parent company dissolved?  Didn't kill Interplay.  Remember when California chained the Interplay office doors closed, because the employees weren't being paid?  Didn't kill Interplay.  A lawsuit that doesn't seek monetary damages?  That's pretty small fry, compared to the other hurdles that have stood before the publisher.

I think that the company continues to exist to spite us, and they feed off the suffering of the fans of their catalogue.
Title: Re: Bethesda sues Interplay
Post by: JGZinv on September 13, 2009, 12:47:33 am
If I were them... I'd just give in the what Bethesda wants if they actually have solid footing.
It sounds pretty fair to be honest, not asking for financial damages and all.
Title: Re: Bethesda sues Interplay
Post by: Mongoose on September 13, 2009, 01:50:16 am
Something rings strange about this whole suit.  I can't see Interplay putting the games up for sale/play on GameTap, GOG, etc. unless they were certain they had the rights to do so.  Interplay sold the series rights over to Bethesda before they made Fallout 3, but did that ever include the right to sell the games that Interplay themselves created?  And even if it did, why would Bethesda wait so long to file suit, considering just how long the titles have been up on these services?  (I know that GameTap, at least, has had Fallout 1 and 2 up for well over a year, and maybe over two.)  Something's just off...
Title: Re: Bethesda sues Interplay
Post by: Dark Knight on September 13, 2009, 03:18:26 am
I can't see Interplay putting the games up for sale/play on GameTap, GOG, etc. unless they were certain they had the rights to do so.  

Interplay have a history of this. I remember when Interplay got into a hell of a lot of trouble for releasing Star Fleet Command: Neutral Zone,  a cut down version of the original Star Fleet Command that was created by Interplay by removing the models and certain other game assets from the files without the permission of the IP holder (viacom I think at the time) and then keeping the profits without giving the IP holder their cut. Also, as I recall Freespace 2: Colossus, a similarly cut down version of FS2 that ended when the Colossus defeated the Repulse was created without the permission or knowledge of Volition and resulted in a law-suit as once again Interplay didn't pass on the profits or seek the permission from V who owned parts of the IP. As If I remember correctly this was a contributing factor to the V/Interplay split.
Title: Re: Bethesda sues Interplay
Post by: karajorma on September 13, 2009, 08:31:45 pm
Now I'd never heard that story about Colossus before.

But it wouldn't surprise me in the least.
Title: Re: Bethesda sues Interplay
Post by: Stormkeeper on September 13, 2009, 09:00:29 pm
I guess this confirms that Interplay is kinda desperate for money ... I mean, selling a cut-down FS2 under a different name? That's just wrong. Especially if they charged the same price as the full FS2.
Title: Re: Bethesda sues Interplay
Post by: Scotty on September 13, 2009, 09:10:10 pm
It came free with Logitech joysticks.
Title: Re: Bethesda sues Interplay
Post by: karajorma on September 13, 2009, 09:21:42 pm
I guess this confirms that Interplay is kinda desperate for money

This was over 8 years ago.
Title: Re: Bethesda sues Interplay
Post by: CP5670 on September 13, 2009, 10:17:50 pm
I guess this confirms that Interplay is kinda desperate for money ... I mean, selling a cut-down FS2 under a different name? That's just wrong. Especially if they charged the same price as the full FS2.

Actually, that was pretty common practice back then. Many games had these OEM versions that were something between demos and full games, which were bundled with computers and various hardware. They weren't sold by themselves.

But yes, I have heard of Interplay doing this kind of thing more than once in the past.
Title: Re: Bethesda sues Interplay
Post by: BloodEagle on September 13, 2009, 11:06:59 pm
I guess this confirms that Interplay is kinda desperate for money ... I mean, selling a cut-down FS2 under a different name? That's just wrong. Especially if they charged the same price as the full FS2.

Actually, that was pretty common practice back then. Many games had these OEM versions that were something between demos and full games, which were bundled with computers and various hardware. They weren't sold by themselves.

But yes, I have heard of Interplay doing this kind of thing more than once in the past.

A very annoying practice. I actually thought that I had the full version of Descent for ten years before I bothered to read the fine print at the end.  :ick:
Title: Re: Bethesda sues Interplay
Post by: CP5670 on September 13, 2009, 11:24:01 pm
A very annoying practice. I actually thought that I had the full version of Descent for ten years before I bothered to read the fine print at the end.  :ick:

Yeah, in some cases it was very difficult to tell the difference between the OEM and full versions if you hadn't played the latter. Incoming was a good example of this. All of the Descent games had OEM versions, but they at least had different names and branding than the retail ones.
Title: Re: Bethesda sues Interplay
Post by: Dark Knight on September 14, 2009, 01:33:46 am
Star Fleet Command: Nuetral Zone wasn't OEM tho, u could actually by that one in the shops and they got into a LOT of trouble because of that.
Title: Re: Bethesda sues Interplay
Post by: Stormkeeper on September 14, 2009, 02:27:26 am
Well, no monetary damages aside, this could really destroy Interplay. Bethesda taking it to task in such a public manner could further tarnish its name such that it won't be able to sell games anymore.
Title: Re: Bethesda sues Interplay
Post by: headdie on September 14, 2009, 03:26:37 am
companies like interplay dont die they just get broken down and sold off only for the name holding chunk to buy itself out in 5 years time and start the cycle again, just look at Atari, they died, disappeared off the radar for 5 years then stormed back onto the scene
Title: Re: Bethesda sues Interplay
Post by: Stormkeeper on September 14, 2009, 03:41:01 am
I think that's insulting, comparing Interplay to Atari. Atari is one of the grand old dames of the computer gaming world, while Interplay is nowhere near as spectecular.
Title: Re: Bethesda sues Interplay
Post by: headdie on September 14, 2009, 07:25:14 am
I think that's insulting, comparing Interplay to Atari. Atari is one of the grand old dames of the computer gaming world, while Interplay is nowhere near as spectecular.

admittedly in terms of stature and respect there is a massive discrepancy but I think it made my point that game companies rarely die and for the most part just change hands
Title: Re: Bethesda sues Interplay
Post by: Blue Lion on September 14, 2009, 08:38:07 am
Game companies die all the time?
Title: Re: Bethesda sues Interplay
Post by: CP5670 on September 14, 2009, 09:01:59 am
I think that's insulting, comparing Interplay to Atari. Atari is one of the grand old dames of the computer gaming world, while Interplay is nowhere near as spectecular.

The modern Atari has nothing in common with the old company aside from the name.
Title: Re: Bethesda sues Interplay
Post by: Stormkeeper on September 14, 2009, 07:58:54 pm
The modern Atari has nothing in common with the old company aside from the name.
Yeah, I just realised a while later that most of the original Atari staff went off to form Activision, I think.

Game companies die all the time?
Studios yes, publishers not so often.
Title: Re: Bethesda sues Interplay
Post by: BlueFlames on September 15, 2009, 01:51:12 pm
Shack News has some more information (http://www.shacknews.com/onearticle.x/60435), including Interplay's first feeble attempts to mount a defense.

Summary:  "We didn't violate our license agreement in that manner, because we violated it in this completely seperate manner, but we didn't violate the license in that way, because we did violate it in the first way, so we're totally innocent.  QED."

Kind of makes me hope they've got a cheap lawyer, because if he's not, the company is getting fleeced.
Title: Re: Bethesda sues Interplay
Post by: Snail on September 15, 2009, 04:19:15 pm
Just a note about the FS2 OEM, FS2:Colossus, they did a similar deal with FS1, "FreeSpace: Darkness Rising". It had afterburner trails and planet bitmaps. I still have the CD for it. :D
Title: Re: Bethesda sues Interplay
Post by: SpardaSon21 on September 15, 2009, 04:53:39 pm
Well, maybe if Interplay finally kicks it THQ can buy the rights to Freespace from them.
Title: Re: Bethesda sues Interplay
Post by: BloodEagle on September 15, 2009, 08:29:52 pm
Well, maybe if Interplay finally kicks it THQ can buy the rights to Freespace from them.

That may or may not be a good thing.

Just sayin'.
Title: Re: Bethesda sues Interplay
Post by: Topgun on September 15, 2009, 08:31:43 pm
You Post Editor!@@!!!

lol
Title: Re: Bethesda sues Interplay
Post by: BloodEagle on September 15, 2009, 08:33:18 pm
I didn't edit the post. I deleted it and made a new one.  :D

I was tired and it took me a minute to realize how silly what I wrote was, so sue me.  :ick:
Title: Re: Bethesda sues Interplay
Post by: Topgun on September 15, 2009, 08:40:05 pm
I like the other one better.
:p
http://en.wikipedia.org/wiki/List_of_THQ_games
Title: Re: Bethesda sues Interplay
Post by: Stormkeeper on September 16, 2009, 01:10:30 am
Quite a repetoire they have there.
Title: Re: Bethesda sues Interplay
Post by: eliex on September 16, 2009, 02:55:09 am
Well, maybe if Interplay finally kicks it THQ can buy the rights to Freespace from them.

THQ hasn't exactly been on top of the recession, up till March this year they were forced to cut several losses and publish "incomplete" games, notably DoW II but has recovered slightly though since last month. With Interplay's price for FS rights, I doubt THQ would consider buying it due to a lack of interest of the space genre at this point of time.
Title: Re: Bethesda sues Interplay
Post by: Kosh on September 16, 2009, 09:11:37 am
How many other franchise rights do they have other than FS?


Quote
Interplay is a beast that refuses to be buried.  Remember when the entire Black Isle staff got fired?  Didn't kill Interplay.  Remember when Interplay got bought out, and the parent company dissolved?  Didn't kill Interplay.  Remember when California chained the Interplay office doors closed, because the employees weren't being paid?  Didn't kill Interplay.  A lawsuit that doesn't seek monetary damages?  That's pretty small fry, compared to the other hurdles that have stood before the publisher.

A more apt analogy is Interplay is the Jason Voorhees of the game publishing industry, no matter how many times you motally wound it, it just wont ****ing die.
Title: Re: Bethesda sues Interplay
Post by: BlueFlames on September 16, 2009, 02:00:01 pm
Quote
How many other franchise rights do they have other than FS?

Descent, Baldur's Gate, Earthworm Jim, MDK, and Redneck Rampage pop to mind pretty quickly.  I'm sure there's at least a few others that never gained quite the same level of notoriety.

As to the Jason Voorhees analogy, I have to contest it.  Interplay may be good at receiving mortal wounds, but they're doing a pretty piss-poor job of dishing any out.  EA isn't going to step into a different room, away from Microsoft, THQ, and Ubisoft, and then get gutted by Interplay.  ;)
Title: Re: Bethesda sues Interplay
Post by: deathfun on September 16, 2009, 09:52:13 pm
Quote
A very annoying practice. I actually thought that I had the full version of Descent for ten years before I bothered to read the fine print at the end. 

I remember this

I can't recall the last thing where I saw Interplay marked on it
Title: Re: Bethesda sues Interplay
Post by: Kosh on September 17, 2009, 08:28:37 am
Quote
Interplay may be good at receiving mortal wounds, but they're doing a pretty piss-poor job of dishing any out.

Oh ok, so then they are a GVC Mentu. :p
Title: Re: Bethesda sues Interplay
Post by: Mongoose on September 17, 2009, 02:57:03 pm
Maybe more like a disarmed Sathanas. :p
Title: Re: Bethesda sues Interplay
Post by: deathfun on September 17, 2009, 06:27:09 pm
Comparing Interplay to one of the neatest Capital ships in that game?
C'mon, that's not right
Title: Re: Bethesda sues Interplay
Post by: Mongoose on September 17, 2009, 07:21:25 pm
It's not quite so neat when it doesn't have any functioning beam cannons.  At that point, it's a massive space brick that can suck up all the damage in the world, yet can't hurt a fly itself.  Which kind of fits what we're talking about.
Title: Re: Bethesda sues Interplay
Post by: Akalabeth Angel on September 17, 2009, 09:27:05 pm
It's not quite so neat when it doesn't have any functioning beam cannons.  At that point, it's a massive space brick that can suck up all the damage in the world, yet can't hurt a fly itself.  Which kind of fits what we're talking about.

Oh it tried to hurt me plenty in the lion's den, beam cannons or no.
Title: Re: Bethesda sues Interplay
Post by: deathfun on September 18, 2009, 12:31:20 am
Quote
It's not quite so neat when it doesn't have any functioning beam cannons.  At that point, it's a massive space brick that can suck up all the damage in the world, yet can't hurt a fly itself.  Which kind of fits what we're talking about.

The ending. That basically makes it the neatest ship in the game

Spoiler:
That could actually be used metaphorically for Interplay. Perhaps it will end the Freespace 2 way where they take everything down with them
Title: Re: Bethesda sues Interplay
Post by: BloodEagle on October 20, 2009, 10:59:42 pm
 :bump:

COUNTERSUIT (http://www.gamepolitics.com/2009/10/19/interplay-countersuing-bethesda).
Title: Re: Bethesda sues Interplay
Post by: Scotty on October 21, 2009, 06:38:21 am
Interesting.  I was not aware that sending letters to fans constituted breach of contract.

Quote
Interplay argued in their court documents that Bethesda breached the contract...(such as sending letters to everyone that Interplay tried to sell the original Fallout games to) to such an extent that the contract is now null and void
Title: Re: Bethesda sues Interplay
Post by: Flipside on October 21, 2009, 12:24:55 pm
It means companies interested in the Rights towards the earlier games, not copies of the game itself.
Title: Re: Bethesda sues Interplay
Post by: Stormkeeper on October 21, 2009, 09:31:01 pm
Hmmm. So ... if I understand this right. If the courts rule in favor of Interplay, Bethesda might owe them a buttload of cash, which Interplay could thereby use to create new games?
Title: Re: Bethesda sues Interplay
Post by: kaloonzu on October 22, 2009, 05:34:05 pm
I can't see Interplay putting the games up for sale/play on GameTap, GOG, etc. unless they were certain they had the rights to do so.  

Interplay have a history of this. I remember when Interplay got into a hell of a lot of trouble for releasing Star Fleet Command: Neutral Zone,  a cut down version of the original Star Fleet Command that was created by Interplay by removing the models and certain other game assets from the files without the permission of the IP holder (viacom I think at the time) and then keeping the profits without giving the IP holder their cut. Also, as I recall Freespace 2: Colossus, a similarly cut down version of FS2 that ended when the Colossus defeated the Repulse was created without the permission or knowledge of Volition and resulted in a law-suit as once again Interplay didn't pass on the profits or seek the permission from V who owned parts of the IP. As If I remember correctly this was a contributing factor to the V/Interplay split.

I have a copy of FreeSpace 2: Colossus.... It was packaged as OEM software with Logitech WingMan 3D w/ Force Feedback. That little disc is how I discovered FS2....Thanks Interplay, for your conniving little money-making schemes!
Title: Re: Bethesda sues Interplay
Post by: carbine7 on October 22, 2009, 07:46:37 pm
As much as I would love to see Interplay go down in flames....I just hope they loose and sell off the FS license to a decent developer(:v:)....too good to be true though.
Title: Re: Bethesda sues Interplay
Post by: Scotty on October 22, 2009, 09:34:53 pm
I have that little OEM disk too.  However, would really like to see Interplay burn so better people can start working on so many promising game titles.
Title: Re: Bethesda sues Interplay
Post by: Snail on October 23, 2009, 05:09:58 am
Screw your FS2: Colossus, I had the original OEM, Descent: FreeSpace - Darkness Rising. :P
Title: Re: Bethesda sues Interplay
Post by: Blue Lion on October 23, 2009, 09:52:40 am
Whenever a guy who isn't a lawyer describes stuff using phrases like "an amazing, brilliant legal stroke" and "(AMAZING LEGAL SWITCHAROO)" I just assume they are a shill.
Title: Re: Bethesda sues Interplay
Post by: achtung on October 25, 2009, 01:37:54 pm
Screw your FS2: Colossus, I had the original OEM, Descent: FreeSpace - Darkness Rising. :P

Me too!  I got it with my Dell Dimensions XPS T450 in 1999!