According to popular Fallout fan site Duck and Cover, Interplay and Bethesda have already settled their long-running legal battle of the Fallout IP. The site claims that it has confirmed that a settlement has taken place, though the details of that settlement are still unknown. The post on the site goes on to say that an official announcement will be made sometime later this month. From the site:
"While I was away on vacation without internet for the last two weeks, I was sent transcripts and court documents from the latest Bethesda v. Interplay hearing. Other sites conjectured that a settlement was in the works between the two companies over Interplay's Fallout: Online MMO.
Today, DAC has confirmation that a settlement has, in fact, taken place. It actually took place the day of the trial – and had I been able to get online and sort through the documents I would have reported as much. We do not yet have the details of the settlement – they will be announced this month (January 2012) – but we can report that on the day of trial, the atmosphere in the court room was tense until the judge recessed. This recess was extended, and then they recessed for lunch. After the lunch recess, the court room was locked to everyone except attorneys and clients. When our source asked why this was the case, our source was told it was because they were working out a settlement. The following day, another source called the court reporter to ask what the next hearing schedule for the case was – this source was told there was no schedule as a settlement had been reached.
So there you have it. Bethesda v. Interplay settled and done after these long few years. Stay tuned to DAC in the near future for the settlement details. Will Interplay still be able to develop Fallout: Online? Did they give up the rights to do so for a truck load of money? Hopefully we'll have the answers soon."
Bethesda sued Fallout creator Interplay in 2010 over what it claimed were misuses of the rights it had agreed to when it sold them to Bethesda in 2007. The company, owned by Zenimax, claimed that it only granted Interplay a license for the rights to the Fallout name related to an MMO it was creating and that it could not use art, characters etc., from the Fallout universe. Interplay called those claims "absurd."