{"id":18213,"date":"2012-01-11T16:56:32","date_gmt":"2012-01-11T06:56:32","guid":{"rendered":"http:\/\/power-up.space\/?p=18213"},"modified":"2012-01-11T16:56:32","modified_gmt":"2012-01-11T06:56:32","slug":"fallout%c2%ae-mmo-rights-restored-to-bethesda-softworks%c2%ae-in-interplay-litigation","status":"publish","type":"post","link":"https:\/\/www.impulsegamer.com\/wordpress\/?p=18213","title":{"rendered":"FALLOUT\u00ae MMO RIGHTS RESTORED TO BETHESDA SOFTWORKS\u00ae IN INTERPLAY LITIGATION"},"content":{"rendered":"

All Fallout\u00ae Intellectual Property Rights
\nBelong Exclusively to Bethesda
\n<\/em><\/strong>\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0<\/p>\n

Sydney, Australia\u00a0<\/strong>\u2013\u00a0<\/strong>January 11, 2012 \u2013 <\/strong>ZeniMax\u00ae Media Inc.\u00a0today\u00a0announced\u00a0that\u00a0a settlement had been reached in the\u00a0lawsuit filed by its subsidiary, Bethesda Softworks\u00ae,\u00a0against Interplay\u00a0Entertainment Corporation in 2009, Bethesda Softworks LLC v Interplay Entertainment Corp<\/em>., seeking cancellation of the license granted to Interplay to develop a massively multiplayer online game (MMO) based on the Fallout brand. Bethesda maintained in its complaint that Interplay had failed to meet the conditions for the license and the license was therefore of no continuing validity.\u00a0<\/p>\n

Under the terms of the settlement, the license granted to Interplay to develop the\u00a0Fallout\u00a0MMO is null and void, and all rights granted to Interplay to develop a Fallout MMO revert\u00a0back to Bethesda,\u00a0effective immediately.\u00a0Interplay has no ongoing right to use the\u00a0Fallout\u00a0brand or any Fallout intellectual property for any game development. ZeniMax will pay Interplay $2 million as consideration in the settlement, each party will bear its own costs of the litigation, and Bethesda\u00a0will continue to own all\u00a0Fallout\u00a0intellectual property rights. Interplay will be permitted to continue to sell the original Fallout \u00aeTactics<\/em>, Fallout\u00ae <\/em>and Fallout\u00ae 2<\/em> PC games through December 2013, after which time all rights to market those games revert to and become the sole property of Bethesda. Under the original agreement pursuant to which Bethesda had acquired the Fallout property, Interplay was granted certain merchandising rights to sell those original Fallout games, but those merchandising rights will now expire on December 31, 2013.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0<\/strong><\/p>\n

The lawsuit against Interplay arose after Bethesda Softworks acquired all Fallout intellectual property rights\u00a0from Interplay in April\u00a02007, 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.\u00a0 Bethesda\u00a0filed suit to declare the license void.\u00a0<\/p>\n

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<\/em>.\u00a0In 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. \u00a0In responding to Bethesda’s lawsuit, Masthead denied that it had been using any of Bethesda\u2019s intellectual property in developing an MMO. Masthead and Bethesda settled that second lawsuit on December 29, 2011.\u00a0 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. \u00a0No 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.\u00a0\u00a0<\/p>\n

Robert Altman, Chairman and CEO of ZeniMax, expressed satisfaction on behalf of the Company with the resolution of the two lawsuits saying, “While we strongly believe in the merits of our suits, we are pleased to avoid\u00a0the\u00a0distraction and expense of litigation while completely resolving all claims to\u00a0the\u00a0Fallout IP. 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.”\u00a0<\/p>\n

Following the purchase of the property, Bethesda Game Studios, the 2011 \u2018Studio of the Year\u2019 and the development team behind the 2011 \u2018Game of the Year\u2019, The Elder Scrolls\u00ae V: Skyrim\u2122<\/em>, developed Fallout\u00ae 3<\/em>. ZeniMax\u00a0Media\u2019s publishing subsidiary, Bethesda Softworks, published Fallout\u00ae<\/em> 3<\/em>, <\/strong>a highly acclaimed sequel which won \u2018Game of the Year\u2019 honors in 2008,\u00a0for\u00a0Xbox 360\u00ae video game and entertainment system from Microsoft, PlayStation\u00ae3 computer entertainment system, and Games for Windows. Bethesda also published the popular title, Fallout: New Vegas\u00ae<\/em>, in 2010 for the same platforms. Fallout: New Vegas\u00ae Ultimate Edition<\/em>, which will include the original game and the award-winning downloadable content in one special package, is planned for release by Bethesda in early 2012.\u00a0\u00a0<\/p>\n

About ZeniMax Media Inc.<\/span><\/strong><\/p>\n

ZeniMax Media is a privately owned media organization headquartered outside Washington DC with international offices in London, Paris, Frankfurt, Eindhoven, and Tokyo. Through its subsidiaries, ZeniMax Media creates and publishes original interactive entertainment content for consoles, the PC, and handheld\/wireless devices. \u00a0ZeniMax Media divisions include Bethesda Softworks, Bethesda Game Studios, id Software, Arkane Studios,\u00a0Tango Gameworks, MachineGames Sweden, ZeniMax Europe Ltd., ZeniMax Asia K.K. and ZeniMax Online Studios. \u00a0\u00a0For more information on ZeniMax Media, visit\u00a0www.zenimax.com<\/a>.\u00a0<\/p>\n

About Bethesda Softworks<\/span><\/strong><\/p>\n

Bethesda Softworks, part of the ZeniMax Media Inc. family of companies, is a worldwide publisher of premier interactive entertainment software. Titles featured under the Bethesda label include such blockbuster franchises as DOOM\u00ae<\/em>, QUAKE\u00ae<\/em>, The Elder Scrolls\u00ae<\/em>, Fallout\u00ae,<\/em> Wolfenstein\u00ae<\/em> \u00a0and RAGE\u00ae.<\/em> For more information on Bethesda Softworks\u2019 products, visit www.bethsoft.com<\/span><\/a>.<\/em><\/p>\n","protected":false},"excerpt":{"rendered":"

All Fallout\u00ae Intellectual Property Rights Belong Exclusively to Bethesda \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Sydney, Australia\u00a0\u2013\u00a0January 11, 2012 \u2013 ZeniMax\u00ae Media Inc.\u00a0today\u00a0announced\u00a0that\u00a0a settlement had been reached in the\u00a0lawsuit filed by its subsidiary, Bethesda Softworks\u00ae,\u00a0against Interplay\u00a0Entertainment Corporation in 2009, Bethesda Softworks LLC v Interplay Entertainment Corp., seeking cancellation of the license granted to Interplay to develop a massively multiplayer online<\/p>\n

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