Interplay rebuts “single asset” Fallout licensing claim

By Brenna Hillier
29 June 2011 02:20 GMT

The latest rapier thrust in the ongoing Fallout MMO legal duel has seen Interplay claim Bethesda was well aware of the company’s intention to use recognisable Fallout universe elements.

Massively reports Interplay’s latest filing counters a recent claim by Bethesda, in which the latter stated it had licensed only the Fallout name to Interplay.

“Bethesda contends Interplay should have created an entire game of incompatible story, characters, and art and labeled it Fallout only in name,” Interplay said of the claim, perhaps in tones of ringing scorn.

However, as part of its legal pursuit of Fallout Online, Bethesda had claimed early in proceedings that similarities between the MMO and Fallout 3 would be bad for its version of the brand, creating confusion because of the similarities between them. Interplay suggests this demonstrates Bethesda had been well aware of shared elements of the two games for some time.

Bethesda is adamant it owns the full rights to Fallout.

Interplay is very much on the financial rocks at the moment, which may mean this case turns out to be sound and fury.

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