A US district court judge has denied Bethesda’s request for a temporary restraining order against Masthead, co-developer of Interplay’s Fallout MMO.
According to judge John F. Walter, the firm didn’t demonstrate that it would be “irreparably prejudiced if the requested ex parte relief is not granted, or that it is without fault in creating the crisis that requires ex parte relief. Indeed, [Bethesda] was aware as early as February 2011 that Masthead was potentially infringing its copyrights… Yet, Plaintiff waited seven months to apply for ex parte relief.”
“The Court finds that Plaintiff unreasonably delayed in seeking relief, and that the emergency that allegedly justifies a [temporary restraining order] is self-created,” he said.
Bethesda has been trying to reclaim control of the Fallout IP from Interplay since 2009, amidst claims the developer didn’t meet milestones and set goals during development.