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Bethesda and Interplay Falling out over Fallout MMO

Bethesda and Interplay Falling out over Fallout MMO

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According to Interplay’s annual performance report, as picked up by ShackNews, Bethesda has sent notice to Interplay that they are in breach of the licensing agreement that allows the developer to create its Fallout MMO.

As reported by ShackNews, “when Fallout 3 developer Bethesda Softworks purchased the Fallout property from Interplay in April 2007, Interplay retained the right to make a Fallout MMO–on condition it raise at least $30 million in funding and enter scale development within 2 years.”

In the “Legal Proceedings” section of Interplay’s SEC report it was stated:

“Interplay recently received notice that Bethesda Softworks, LLC (“Bethesda”) intends to terminate the trademark license agreement between Bethesda and Interplay which was entered into April 4, 2007 for the development of FALLOUT MMOG. Despite the fact that no formal action is currently pending, Bethesda claims that Interplay is in breach of the trademark license agreement for failure to commence full-scale development of same by April 4, 2009 and to secure certain funding for the MMOG. Interplay adamantly disputes these claims. Although the potential damages are currently unknown, if Bethesda ultimately prevails and cancels the trademark license agreement, Interplay would lose its license back of the “Fallout” MMOG and any damages resulting there from are unknown at this time.”

Whether Interplay will retain the rights to the Fallout MMO, or if they will revert to Bethesda is still up in the air. Considering the potential such an IP has of bringing in revenue thanks to the success of Fallout 3, expect a drawn out legal battle between the two sides. If that’s the case, advantage Bethesda.

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