Bethesda argued in court filings yesterday that its Fallout MMO licensing agreement with Interplay was clear-cut, and Interplay cannot legally use anything pertaining to the franchise, other than the name ‘Fallout” and is violating this agreement by using assets from the Fallout universe.
According to filings dug up by Gamasutra, Bethesda claimed there was “no other license” included in the Interplay deal other than the Fallout name, and any Fallout MMO made by the firm is not allowed to include any “assets, characters, settings or storylines”.
Bethesda argued in yesterday’s filing that the agreements are “clear and unambiguous,” and it has “no contractual or other duty” when it comes to permitting Interplay to use any Fallout assets.”
“The term ‘Fallout-branded MMOG’ is plain and clear on its face — it means an MMOG named ‘Fallout,'” read Bethesda filed response to Interplay. “Bethesda gave Interplay a license to call its MMOG ‘Fallout’ if it met the conditions of the [trademark licensing agreement]. Nothing else was licensed to Interplay.”
Interplay called Bethesda’s explanation of the agreement “absurd.”
Bethesda first sued Interplay over Fallout Online, which was previously known as Project V13, in September 2009. Interplay was to have raised $30 million within 24 months to fund the Fallout MMO’s development with fulkl on work being started by April 2009, and a subsequent game release within four years of the contract’s signing.
The agreement stated funding would be pulled should work not commence in an timely manner. Bethesda terminated said agreement in April 2009.