According to an IndustryGamers report, a new court filing by Interplay alleges that Fallout IP owner Bethesda knew all along that the Fallout MMO it is developing would use more than just the "Fallout" name. The new filing is in response to Bethesda’s preliminary injunction against continued development of the MMO using Fallout characters.
In today’s filing Interplay counters that request by saying that both parties understood that the "entire Fallout universe was on the table."
"For at least four years, Bethesda has known that Interplay interpreted its right to create the Fallout-branded MMOG to include copyrighted content from the Fallout universe in order to make the MMOG a recognizable Fallout game," reads the latest filing from Interplay. "Bethesda never objected and did not seek an injunction because it knew Interplay was doing exactly what the parties intended under their agreements.”
Interplay also said that Bethesda’s claim that the Fallout MMO would confuse Fallout 3 and Fallout: New Vegas players, was false:
"This is ironic because Bethesda contends Interplay should have created an entire game of incompatible story, characters, and art and labeled it Fallout only in name."
IndustryGamers points out that this is the second injunction Bethesda has tried to file against Interplay. The first attempt was tossed out.