Bethesda Softworks Gains Fallout MMO Rights from Interplay
All Fallout intellectual property rights now belong exclusively to Bethesda.
ZeniMax Media announced today that a settlement has been reached by Bethesda Softworks against Interplay Entertainment Corporation in 2009, known as Bethesda Softworks LLC v Interplay Entertainment Corp. The settlement was reached when Bethesda was seeking cancellation of the license granted to Interplay to develop a MMO based on the Fallout brand. Besthesda claimed that Interplay had failed to meet their conditions for the license and therefore the license has no continuing validity.
Under the terms of the settlement, Interplay's license to develop a Fallout MMO is null and void, with all rights going back to Bethesda, effective immediately. With this settlement, Interplay has no ongoing right to use the Fallout brand or any Fallout intellectual property for game development. ZeniMax will pay Interplay $2 million as consideration in the settlement, with each party bearing its own costs of the litigation.
Interplay will be permitted to continue to sell the original Fallout Tactics, Fallout, and Fallout 2 for the PC through December 2013, after which all rights to market those games revert to and become the property of Bethesda. The original agreement in which Bethesda acquired the Fallout property, Interplay was granted certain rights to sell those original Fallout games, but they expire on the above mentioned dates.
The lawsuit came to fruition after Bethesda Softworks acquired all Fallout intellectual property from Interplay in April of 2007. They then licensed Interplay certain trademark rights to make a Fallout MMO, provided they secured $30 million in financing for the game. The time limit to begin full-scale development was set for April 2009, which was not reached. Besthesda alleged in its complain that Interplay had failed to meet their conditions set forth, but Interplay refused to relinquish its liecense and claimed that it would develop a Fallout MMO regardless.
There has been no mention that a Fallout MMO would be developed by Bethesda after this settlement.