The courts are busy these days. First, you have Activision, Vince Zampella and EA fighting over he-said-she said issues concerning the Call of Duty franchise. And now, Bethesda and Interplay are battling it out over the Fallout IP.
What’s really the terms of the Bethesda vs Interplay deal is shredded in darkness, but here’s the main portion:
Interplay sold the Fallout rights to Bethesda in 2004 for $5.75 million. However a clause in the contract states that Interplay would still be allowed to create a Fallout MMO.
Thing is, Bethesda seems to interpret this portion differently, although, to me, it’s quite clear.
Here’s Interplay president Eric Caen:
“We sold the Fallout IP to Bethesda in exchange for a certain amount of cash and the right to do the Fallout MMO. If they refuse to let us do the game, then the sale of the IP is terminated, and they will be allowed to do only one more Fallout, 5,” he told Eurogamer.
“But in that case, the IP will come back to us, and of course, we will complete our work and release Fallout MMO.
The original licensing deal was for three games and their DLC. So they already did Fallout 3, then Fallout: New Vegas, and they can only do one more Fallout, 5, if the sale of the IP is cancelled by the court.”
According to Caen, Interplay’s been working on a Fallout MMO, one that’s been up and running behind closed doors since “early 2009.”
meanwhile Bethesda VP of PR Pete Hines told VG247 that, in unequivocal terms, Bethesda, not Interplay, owns the rights to develop any Fallout MMO.
We’ll watch this closely.
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Ernice Gilbert Reply:
January 21st, 2011 at 5:36 pm
I’d take Bethesda’s side, but the contract clearly states, it seems, that they’d allow Interplay to make a Fallout MMO or the contract’s void.