Bethesda Loses Appeal on Preliminary Injunction Against Interplay

October 27, 2011 -

Bethesda has lost another round in its legal battle with Interplay over the company's Fallout-themed massively multiplayer online game. The Fallout 3 developer was denied a preliminary injunction against Interplay by the courts in September. It appealed the ruling, but yesterday that appeal against the lower court's decision was also rejected.

According to documents from the United States Court of Appeals, Bethesda hoped to prove that the "district court abused its discretion and misapplied the law in concluding that Bethesda failed to establish a likelihood of irreparable harm." One of Bethesda's key points was that Interplay's financial stability would hinder it from being able to pay any applicable damages should it prove successful in halting the MMO's production.

The dispute stems from a $5.75 million deal for the Fallout license in April 2007. When Bethesda bought the IP, it agreed to give Interplay the rights for an online Fallout game on the condition that "full scale development" should start with at least $30 million in funding within two years.

In April 2009, financial documents from Interplay revealed that Bethesda intended to take legal action to prove that these obligations had not been fulfilled.

The purpose of the injunction was to halt production on Interplay's MMO until the matter could be resolved in court. The district court sided with Interplay, saying that Bethesda failed to prove Interplay's game was damaging to its business.

Source: GI.biz


Comments

Re: Bethesda Loses Appeal on Preliminary Injunction Against ...

Ironically this lawsuit may be worse for their business than interplay....


 
Forgot your password?
Username :
Password :

Shout box

You're not permitted to post shouts.
Andrew EisenTo the surprise of no one, that HD remake of the first level of Super Mario 64 has been DMCA'd. http://mario64-erik.u85.net/Web.html03/30/2015 - 10:54pm
MaskedPixelantehttp://www.destructoid.com/dark-souls-ii-scholar-of-the-first-sin-upgrade-and-pricing-systems-detailed-289743.phtml Dark Souls 2 pricing revealed, is only mildly confusing.03/30/2015 - 6:02pm
MaskedPixelantehttps://twitter.com/yugiohtas/status/582642955489431552 Roger Slifer sent to the graveyard.03/30/2015 - 3:49pm
james_fudgeEZK: it sounds like a carry-over bug from Demon's Souls.03/30/2015 - 1:29pm
Andrew EisenJust watched a clip of one of his correspondent appearances on The Daily Show. Seems like he'll be a good fit.03/30/2015 - 1:26pm
MaskedPixelantehttp://www.nytimes.com/2015/03/31/arts/television/trevor-noah-to-succeed-jon-stewart-on-the-daily-show.html The Daily Show with Trevor Noah.03/30/2015 - 1:17pm
E. Zachary KnightApparently there is an item duping glitch in Bloodborne. I loved those glitches in old Final Fantasy games. They were great. Nothing like infinite Excaliburs for Ninja's to throw.03/30/2015 - 12:58pm
Papa Midnightis no market for these games. There will be no intreospection whatsoever. It's either that or they blame piracy.03/30/2015 - 11:35am
Papa MidnightI'd like to take this time to reiterate the utter mess of a PC port that is Dead or Alive 5, which is missing significant amounts of features on PC in comparison to it's console counter-part. When sales go poorly, I'm certain the excuse will be that PC03/30/2015 - 11:34am
E. Zachary KnightSleep and sanity? No need for that here. Check out our experience at Super! BitCon as we made a game while visitors got to play games. Game Jamming During A Game Convention: A Convention Jam Tale. http://tinyurl.com/ogx46t703/30/2015 - 10:43am
ZippyDSMleePlank? PPLLAAANNKKK!!!!! :P03/30/2015 - 10:05am
MaskedPixelantehttps://www.youtube.com/watch?v=kXYXuXX48m8 Take the "no-prank pledge" today.03/30/2015 - 9:11am
ZippyDSMleecrap around. It’s quite annoying but kinda fun like galaxy...even if has the power ups I hate the planets... oh and here comes a C&D in 3...2.....03/29/2015 - 11:45pm
ZippyDSMleeI was never that much of a fan they messed up the power ups, the level design was good enough for the time but ...meh.. Playing through sunshine again since I am no longer a south paw the controls are still stupid there's little to no options to change cr03/29/2015 - 11:45pm
Cheater87http://www.independent.co.uk/news/uk/home-news/parents-could-be-reported-to-police-if-children-play-violent-video-games-like-call-of-duty-and-grand-theft-auto-10141697.html03/29/2015 - 11:45pm
ZippyDSMleehttp://www.afterdawn.com/news/article.cfm/2015/03/29/click-here-to-play-super-mario-64-in-hd03/29/2015 - 11:45pm
ZippyDSMleeMedia mafia wants you to sleep wif the fishes!03/29/2015 - 11:44pm
MechaCrashThe MPAA and RIAA are a pack of extortionists and thugs, and they both need to be destroyed.03/29/2015 - 10:19pm
ZippyDSMleehttps://torrentfreak.com/mpaa-wanted-less-fair-use-in-copyright-curriculum-150329/03/29/2015 - 10:17pm
PHX CorpI have to say somthing about an injustice in the Xbox video Store, the first 6 Star Wars films are not available in either SD or HD03/29/2015 - 6:17pm
 

Be Heard - Contact Your Politician