Will a Legal Battle Prevent Release of the Fallout MMORPG?

[Aronian]

Article by Severian, MMORPGFOCUS.COM Staff Writer

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Bethesda purchased the rights to the Fallout gaming series from Interplay several years ago. However, Interplay snuck something into the contract that we have to wonder why Bethesda's lawyers missed, or intentionally let go. Interplay reserved the rights to produce a Fallout MMORPG. Bethesda can make any Fallout game they wish, it just cannot be a Fallout MMO. To make matters even more convoluted, Interplay had to actually be working on the development of a Fallout MMO to reserve the right, otherwise the rights fall to Bethesda. Confusing enough?

Well Bethesda has just called Interplay's bluff by filing a lawsuit claiming that since there is not a Fallout MMORPG in development, Bethesda now has the right to make the game and plans to proceed. Interplay responded by releasing screenshots of Fallout Online, which they are supposedly "developing."

You can see a couple of the screenshots below, the game looks like a lower graphics version of Bethesda's game. It is unfortunate because Interplay really outmaneuvered Bethesda legally here. We suspect strongly the "screenshots" are just artist renderings and that there is no game in actual development. However a court will probably decide that by creating artwork, Interplay is in fact in a technical sense working on a game, triggering the legal clause that allows them to retain the rights to a Fallout MMORPG.

In our humble opinion, Interplay is simply holding out for the ability to either re-sell the right to make a Fallout MMORPG to someone else, doubling the money they earn from selling off the original intellectual property, or going to try to settle out of court with Bethesda for more money.

Either way we as gamers lose because this means a Fallout MMORPG that many of us have dreamed of playing will be delayed indefinitely due to legal wrangling. I'm sure you can imagine the months and possibly years of depositions, legal arguments, and lengthy speeches about what actually constitutes "development" and has Interplay crossed that hurdle legally. Or don't think about it, it is probably hazardous to your brain. Suffice it to say this possibly takes a Fallout MMO off the table for a long time.

We hope there is a quick resolution as Bethesda actually has the resources to make the game and do an incredible job, where Interplay has struggled financially, and their financial problems were the reason for the sale of the Fallout intellectual property to begin with. We also feel Bethesda did such an incredible job with Oblivion and then Fallout, two games that felt like MMORPGs with the level of world immersion created, that the prospect of seeing Bethesda release an actual MMO is extremely exciting. Similar to the anticipation many feel about Bio-Ware's upcoming entrance into the genre. Can these companies that make great offline games, bring that talent into making great persistent online worlds? We will begin to know the answers to questions like these soon enough. All too often it comes down to a strong gameplay foundation, and then simply sufficient time and budget. We love Interplay for their contribution to this industry over the years but right now Bethesda is our pick to make a better end product.

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