[Scarlett.]

US, October 21, 2009 - It would appear that the fight over the Fallout franchise is going to get much, much larger than expected. According to a recent forum post on Raging Bull, a financial tracking site, a user called frymuchan claims that Interplay was granted a ten day extension to respond to the injunction request made by Bethesda.

Supposedly summarizing pieces of the court documents, frymuchan stated that "Interplay argued that they purposefully retained the rights to the original Fallout games when selling the Fallout license to Bethesda knowing full well (as did Bethesda) that Interplay was going to exploit the original Fallout games upon release of Fallout 3." The claim around this was that the original games were only valuable in relation to sales from Fallout 3, and as part of the original deal, it was not subject to unfair competition claims by Bethesda.

Additionally, Interplay argued that Bethesda only had the right to inspect material to make sure it didn't cause potential confusion with Fallout 3, but that it couldn't place unreasonable demands or holds on this approval. Interplay further argues that it didn't spend money marketing the original Fallout properties and has also filed a countersuit against Bethesda based on the supposed illegality of selling the original Fallout games on downloadable services like Gametap, Good Old Games and more.

As for the Fallout MMO, frymuchan says Interplay states it "fulfilled all rights of the agreement and told Bethesda such in a letter that posted prior to the agreement date in April of 2009." However, interplays states that Bethesda simply told Interplay one day that they were not allowed to develop the MMO or sublicense out the franchise. With the extension of the court filing expiring next week, more details are sure to follow.

IGN

[andyman]

Bethesda ftw!

[Scarlett.]

Agreed Sir Andyman

[Tom4784]

I'm kinda on Interplay's side. Fallout 1 and 2 are immense and it'll be a sad day if they aren't available to buy as they're brilliant. Meh I don't care for the MMO business as they are nothing but cons anyway.

[Scarlett.]

Interplay want Fallout back after Bethesda legally bought it

[Tom4784]

Isn't it that Bethesda want to block Interplay from selling a boxset of the old Interplay owned Fallout titles? I'm on Inter's side for that one. As far as I know Bethesda bought the rights to make new Fallout games and didn't buy the originals so I'm all for Interplay bringing back the older games for new players to play.

I think Interplay should be allowed to sell the previous games they made while Bethesda make any new Fallout titles. The MMO seems like it's in developement hell and let's face it it wouldn't do that well as world of warcraft have that market sewn up.

[Scarlett.]

Interplay are countersuing Bethesda as Beth emailed the companies selling the Fallout trilogy saying it was illegal (and lets face it, it was) but apparently, Interplay are trying to get the franchise back and leave Bethesda with that "3 Fallout Games" deal from before Beth' bought the franchise

[Tom4784]

Originally Posted by Chewy

Interplay are countersuing Bethesda as Beth emailed the companies selling the Fallout trilogy saying it was illegal (and lets face it, it was) but apparently, Interplay are trying to get the franchise back and leave Bethesda with that "3 Fallout Games" deal from before Beth' bought the franchise

It wasn't illegal though, Beth owns the rights to Future fallout titles not the older games and Interplay was cashing in on it by re-releasing the older Fallout games. I hope Bethesda retain the rights to future Fallout titles but they're in the wrong by trying to prevent older games from being resold.

[Scarlett.]

Bethesda allowed Interplay to sell the old games, as long as they ran it past Bethesda first, which Interplay failed to do