The drama surrounding the upcoming Fallout MMO between Bethesda and Interplay has finally concluded, with Bethesda/ZeniMax emerging from the arena victorious. Under the terms of the settlement, the license granted to Interplay to develop the Fallout MMO is null and void, and all rights granted to Interplay to develop a Fallout MMO revert back to Bethesda, effective immediately.
Interplay itself will walk away from the battle with $2 million USD in its pocket, but it will have no ongoing right to use the Fallout brand or any Fallout intellectual property for any game development. However the company will still be permitted to continue to sell the original Fallout Tactics, Fallout and Fallout 2 PC games through to December 2013, after which time all rights to market those games revert to and become the sole property of Bethesda.
Here's more straight from the press release which sums up the epic Bethesda/Interplay battle that's taken place over the last few years:
"The lawsuit against Interplay arose after Bethesda Softworks acquired all Fallout intellectual property rights from Interplay in April 2007, and conditionally licensed back to Interplay certain trademark rights to make a Fallout MMO, provided Interplay secured $30 million in financing for the MMO and commenced full scale development of the game by April 2009. Bethesda alleged in its complaint that Interplay failed to meet either condition of the license back agreement but refused to relinquish its license and insisted it would develop a Fallout MMO. Bethesda filed suit to declare the license void.
"In a separate but related matter, Bethesda commenced a second action against a purported developer of the Fallout MMO, Masthead Studios, Bethesda Softworks LLC v Masthead Studios Ltd. In the course of the original lawsuit against Interplay, Interplay had claimed that it had engaged Masthead Studios to develop the Fallout MMO under its license, and contended that Masthead was engaged in full scale development of that game. Bethesda filed its separate lawsuit against Masthead to assert copyright infringement and other violations of Bethesda's intellectual property rights. Under the MMO license granted to Interplay, Interplay was not permitted to sublicense any rights granted without the prior approval of Bethesda, approval which had never been requested or granted.
"In responding to Bethesda's lawsuit, Masthead denied that it had been using any of Bethesda’s intellectual property in developing an MMO. Masthead and Bethesda settled that second lawsuit on December 29, 2011. In the settlement, Masthead acknowledges it has no legal right to use any Fallout intellectual property, and agrees it will not use any such intellectual property of Bethesda in the future. No payments were made by either party as part of this settlement. The two settlements resolve all pending litigation over the Fallout intellectual property owned by Bethesda."
As of this writing, Interplay has not issued a statement.
"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," said Robert Altman, Chairman and CEO of ZeniMax on Monday. "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."
Case closed.
