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January 8th, 2012

The Legal Fallout Settles

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Written by: Sam Cheung (Senior Staff Writer)
Tags: , , , , ,
Projection1

The Fallout err…fallout has settled.

For years, a legal battle has raged between Interplay Entertainment, the original publisher of the Fallout series, and Bethesda, the current owner of the Fallout franchise. Now, it appears that battle over the post-apocalyptic game franchise has finally ended.

The squabble began in 2004. Bethesda, then famous more for Morrowind than Skyrim, licensed the rights from Interplay to develop Fallout 3, and two additional sequels. Work on Fallout 3 began slowly, with a limited number of game developers being placed on the project due to the development of The Elder Scrolls IV: Oblivion, which occupied much of Bethesda’s resources.

Legal drama between Bethesda, Interplay has ended

In 2006, Interplay Entertainment had filed an intellectual property regarding the possible development of a massively multiplayer online title. This title would utilize intellectual assets from the Fallout franchise. No finished product ever slipped out of Interplay’s grasp, and by 2007, Bethesda had purchased the entire Fallout franchise IP for just under $6 million. Technically, Bethesda purchased all the rights to the Fallout series, including the undeveloped MMO title. However, a clause in the agreement stated that Interplay still held the rights to license the development of the MMO. Under the conditions of the agreement, Interplay would have to launch the MMO title within four years of beginning development, in addition to cutting Bethesda a slice of the profits.

In 2009, someone at Bethesda decided they didn’t want the MMO to see the light of day, and lawsuits were fired off at Interplay. Unfortunately for Bethesda, Interplay decided to return fire. The battle has since raged on, with Bethesda filing multiple injunctions against Interplay. Bethesda’s primary beef with Interplay? It believes that the release of a Fallout MMO title would alter or completely disregard the backstory and narratives constructed in Fallout 3 and Fallout: New Vegas. Bethesda was irked because they believed Interplay’s MMO would interfere with any potential narrative they could establish in a potential Fallout 4, damaging sales and shrinking Bethesda’s profits.  Interplay demanded the rights to their franchise restored, as they argued that Bethesda was in breach of the original contract.

Court decision will determine the course of Fallout franchise

The entire dispute is being presided over by a United States federal judge, who recently announced that the case has come to a conclusion. The winner? The results will be announced later this month. Note that over the course of the entire battle, there hasn’t been a finished product developed. Regardless of who wins the squabble, there won’t be an immediate Fallout title release. What’s more notable is that the future of the Fallout franchise is on the line, with Bethesda and Interplay having taken completely opposing approaches to the series’ gameplay.

Fallout fans await the court decision with bated breath, but one thing is for sure. Bethesda and Interplay ought to have resolved their matters more peacefully, and should have concentrated on building the franchise. The Fallout lore is now littered with several cancelled titles and shattered ideas. Perhaps both companies should have heeded the ominous warning, and catchphrase of the Fallout franchise:

War. War never changes.


About the Author

Sam Cheung (Senior Staff Writer)
An avid gamer and music fan all in one package, Sam is in his third year of undergraduate studies over at York University. He is actively studying Professional Writing and Communications Studies. When Sam is not writing or smashing zombies, you’ll find him trying to convince you that his favorite rock band is better than your favorite pop singer. (Category Focus: Gaming)-sam@gizmoinsider.com








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