Battle over Fallout Online MMO rages on

By Wesley Yin-Poole Published 23 December, 2010

Bethesda and Interplay still going at it.

The future of MMO Fallout Online was cast in doubt today after it emerged that Bethesda and Interplay were still embroiled in a thought-settled lawsuit over the post-apocalyptic IP.

Fallout wiki The Vault (via Gamerlaw) has received court documents that confirm the lawsuit is ongoing.

Apparently Bethesda continues to argue it owns all the Fallout IP rights. It claims it gave Interplay rights over the Fallout trademark and nothing else, meaning it had no right to use essential Fallout ingredients such as weapon art and game concepts, for example the Pip Boy and what's called the "World Bible".

Which would, of course, make making a Fallout MMO game very difficult.

The upshot of all this, according to games lawyer Jas Purewal, is that Bethesda could block the release of Fallout Online or have it transferred to Bethesda's ownership.

The battle for supremacy over the Fallout MMO is a tale of mudslinging and counterclaims. In 2007 Interplay sold Fallout to Bethesda, which went on to create open-world epic Fallout 3.

However, part of the deal was an agreement that Interplay would retain the right to develop a Fallout MMO. It has sent newsletter updates out to gamers sporadically over the course of the last few months. You can sign up for the beta.

In 2009 Bethesda sued Interplay, claiming it had breached its agreement. Bethesda said Interplay had forfeited all remaining rights in the Fallout IP. Interplay denied and counterclaimed.

In 2009 Bethesda unsuccessfully applied to a court for a preliminary injunction effectively prohibiting Interplay from doing anything with the Fallout IP until the resolution of the lawsuit. The court refused. Bethesda appealed, then dropped its appeal.

It then emerged that Interplay was using Fallout under license from Bethesda, which suggested a degree of cooperation between the two companies.

And in October Interplay claimed the long-in development MMO would launch in the second half of 2012.

The company has so far refrained from showing much from the game because "anything we show will help Bethesda in their fight", Interplay president Eric Caen said.

"It's worth remembering that ultimately all of this remains to be tested in the litigation, so the ownership and the future of the Fallout IP is still undecided," Purewal added.

The case continues.

Picture of Wesley.

About Wesley Yin-Poole

Wesley is Eurogamer's news editor. He likes news, interviews, and more news. He also likes Street Fighter more than anyone can get him to shut up about it.

Read more articles from Wesley by visiting the Wesley Yin-Poole archive page.

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Comments (34) Latest comment 1 year ago

Comments for this article are now closed, but please feel free to continue chatting on the forum!

  • jag10 #1 1 year ago

    what do Bethesda and Activision have in common?

  • gjgjg #2 1 year ago

    All this xmas litigation:( c'mon guys share the xmas mmo cheer: make it together!!

    /watches elf in a dazzled snowy haze of histeria

  • thedgam #3 1 year ago

    @Jag: Well, they both seem greedy but at least one of them has consistently released very good games (in part because one of them is also the game developer, you get which one i'm talking about right? ) while the other retorts to burning very good franchises to the ground. Oh! Wait! I found what they truly have in common! They both release games that are bug-plagued!

  • mcmothercruncher #4 1 year ago

    Alright, alright- we've all had a bit to drink...

  • jefranklin18 #5 1 year ago

    I thought it was the season of goodwill? What's with all the bloody lawsuits?

  • darkmorgado #6 1 year ago

    goodwill towards all lawyers?

  • ryandsimmons #7 1 year ago

    what do Bethesda and Activision have in common?

    They protect their IPs?

  • makeamazing #8 1 year ago

    But they dont own the Fallout IP for MMOs though do they? So they are trying to protect something they dont own... regardless if they own the single player experience, if the IP was given to someone else, then thats not really something they should be trying to get by hook or by crook.

  • Paperghost #9 1 year ago

    Litigation. Litigation never changes.

  • GaryHoward #10 1 year ago

    Argh, all these game companies suing each other. Getting boring now. Like a bunch of kids going, "this is mine, this is mine!"

  • roquey Verified Lead Quality Assurance Tester and Compliance Specialist, Universally Speaking #11 1 year ago

    Its on like Donkey.....oh wait...

  • hiddenranbir #12 1 year ago

    It would seem bizarre for Interplay to agree to only have the Fallout trademark only and then go on to make a MMO. Could it be Bethesda, with their success of F3 now want to have the MMO under their belt?

    I think Interplay should have rented the IP, not sold it outright! Like royalties!

  • IronCladChicken #13 1 year ago

    'The future of MMO Fallout Online was cast in doubt today'

    Just today?

  • Zaiz #14 1 year ago

    Ah, the famous "Anything we show will help Bethesda in their lawsuit."

    Meaning that:

    A: They have broken the terms of their license blatantly.
    B: They don't have a game.

  • hiddenranbir #15 1 year ago

    Frankly I don't trust Interplay for this MMO. We've seen how small studios can crash and burn and this Interplay had to revitalize itself from a BASEMENT. Do they really have the man power for a MMO?

  • ubergine #16 1 year ago

    It doesn't look likely that Interplay has anything to show. You have to wonder then why they don't just settle and start work on a game they are capable of finishing.

    Bethesda is rightly worried that anything Interplay squeezes out will diminish the brand. Interplay are probably just praying that even a mildly successful MMO trading off the success of F3 and New Vegas will save them from bankruptcy and total annihilation.

  • coomber #17 1 year ago

    "thought-settled lawsuit "

    Is that one of those lawsuits that's decided by having lawyers with telekinetic powers fight to the death using their superhuman abilities?

  • Spekingur #18 1 year ago

    Except Interplay built up the Fallout franchise whilst Bethesda just used it.

    Interplay
    (Wasteland) -> Fallout -> Fallout 2 -> Van Buren -> Fallout: Brotherhood of Steel

    Bethesda
    Fallout 3 -> Fallout: New Vegas

    14 Degrees East
    Fallout Tactics -> Fallout Warfare

  • Silvervein #19 1 year ago

    @spekingur
    I might be wrong, but I thought that it was obsidian that made new vegas, and bethesda just published it?
    All bethesda did was fallout 3, and it might be just me, but that game has as much to do with fallout as wolfenstein.

  • OriginalSpamcat #20 1 year ago

    @Silvervein

    You'd be right. Obsidian developed it, Bethesda was the publisher.

    Then you go and spoil your well observed point by claiming Fallout 3 has nothing to do with Fallout, like some NMA fanatic who insists on an isometric viewpoint with their dying breath.

    I played Fallout 1-3 on release, and view them all as legitimate and well executed (if not entirely bug free) entries in an entertaining and memorable series. Regardless of their viewpoint.
    Edited by OriginalSpamcat at 24/12/10 @ 04:30

  • Spekingur #21 1 year ago

    Fallout 3 uses well known resources from the franchise thus it has everything to do with Fallout - even if the viewpoint and combat is completely diffirent.
    Black Isle Studios made Fallout 1 and 2 - I used the publisher because they are, eventually, responsible for building up the franchise name. In this case, at least.

  • gorf #22 1 year ago

    mmm confused, if interplay had the right to develop an MMO when the rights were singned then by las bethedesa have no right for a cease and distist oder.

    BTW (to editir0 please delete the two twats posts immediatly above). No one wants to buy your shite so FUCK OFF!

  • gorf #23 1 year ago

    mmm confused, if interplay had the rights to develop an MMO when the rights were singned then by law Bethedesa have no right for a cease and desist oder.

    BTW (to editor, please delete the two twats posts immediatly above). No one wants to buy your shite so FUCK OFF!
    Edited by gorf at 24/12/10 @ 15:12

  • Silvervein #24 1 year ago

    @OriginalSpamcat
    Everyone is entitled to their opinion.

    P.s.
    Just to clarify, my opinion on this matter is as follows: if the game uses neither ruleset, view, general mechanics, location, nor even comparable quality of writing (a rather crucial factor in a genre such as Role Playing game), then for all practical purpose it can be called Duke Funtington's Custard Pie Fight is as well as Fallout 3, for all the relevance is has to the series. Which by the way, heavily reminds me of the upcoming xcom remake. But I digress.

  • DrMGinius #25 1 year ago

    I'm glad. I would rather not have that MMO. Since World of Warcraft I haven't seen any Warcraft game. I want more Fallout games.

  • jimr9999us #26 1 year ago

    Is there a court of common sense that could rule that Interplay has not the resources nor the skill set to execute a AAA mmog? For every year that this litigation continues, it is another year of my life not wasted in a Fallout multi-player universe.

  • Nephirion #27 1 year ago

    Does the world really need another dissapointingly dreary MMO experience?

  • HurbleBurble #28 1 year ago

    I thought it was already common knowledge that Interplay is just releasing this to cash in on Bethesda's work reinventing the IP?

  • blooter #29 1 year ago

    Bethesda a re planning to release an MMO version of Elder Scrolls to co-inside with the release of ESV and a Fallout MMO would deprive them of potential subscribers. Hence they now wish they hadn't sold the rights for Fallout and are trying to undermine Interplay.

    How do I know this?

    I dont, I made it all up

  • DrMGinius #30 1 year ago

    You know, looking back at my comment now, it does not make much sense, considering that, if this FO MMO is ever released, it would probably be terrible -in fact its looking terrible so far-.

  • chargen #31 1 year ago

    "I thought it was already common knowledge that Interplay is just releasing this to cash in on Bethesda's work reinventing the IP? "

    Interplay sold Bethesda the Fallout IP, but kept the right to make an MMO. This was publicly announced when they sold the IP in 2007. They're "cashing in" on something they clearly had the rights to.

    Beth probably sniggled at the idea of Interplay pulling off an MMO and assumed it would go nowhere, which is why they began suing them when Interplay provided Bethesda with a playable demo in 2009. If you didn't want Interplay to make a shitty fallout MMO then you SHOULDN'T HAVE LET THEM KEEP THE RIGHTS TO MAKE ONE.

    How do I know all this? Publicly released court documents. They're on the Vault if anyone's interested, and will probably be more entertaining that the Fallout MMO (already more entertaining that fallout3).

  • Kerome #32 1 year ago

    By the time they have it sorted out MMO's will have gone out of fashion, or been legislated out of existence for being too much of a timesink / not productive enough.

  • SAMagic #33 1 year ago

    I don't know about you guys, but I'd play a Post-Apocalyptic Lawsuit game in a heartbeat.

  • Avisell #34 1 year ago

    does it really matter? all we're gonna get is an MMO that lags like hell and bugs out on you every 10 minutes, you wont be able to actually play it!