Bethesda Softworks and Interplay have reached a settlement in their protracted disputeover the rights to the Fallout IP, specifically in regards to an MMO, which Interplay announced five years ago. Bethesda states that as part 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.” Bethesda parent company ZeniMax will pay Interplay $2 million “as consideration in the settlement,” each side will pay its own legal fees, and Bethesda will retain rights to theFallout intellectual property. Interplay has no ongoing right to the Fallout brand nor anyFallout intellectual property. Finally, Interplay’s rights to sell Fallout, Fallout 2 and Fallout Tactics will expire in December 2013, along with any other merchandising rights it had in association with those properties. “The lawsuit against Interplay arose after Bethesda Softworks acquired all Falloutintellectual 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 stated in a release about the settlement. “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.” In a related matter, regarding Masthead Studios being subcontracted by Interplay to work on the Fallout MMO, Bethesda states that matter has also been settled, and that Masthead had no right to the Fallout IP. No payments were made in that suit. “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. “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.” Continue reading...
