GordanShumway: I wish I could be that optimistic! If it were just about a MMO project gone awry, or packaging don't you think that it could have been just as easily fixed by a simple phone call instead of a law suite? I'm banking on some extracurricular nefarious motive here.
I would normally agree with you but I'm starting to wonder if this may simply be a case of Interplay being incredibly stupid. It seems that they just ignored their license obligations.
Otherwise none of this makes any sense.
Actually you make a very good point here, and maybe (just maybe :) ) I was a little overly presumptuous on Bethesdas actual motive. I tend to agree with you that Interplay did act stupidly, however I think it started when they sold the actual IP. And I understand that they fell on hard times, but they did have several rather popular IPs (although not necessarily as popular as FO) that they could have sold. The way it looks Bethesda was actually pretty liberal with what could and could not be done with the original three titles. The only stipulations that I heard was that Bethesda's Advertising Department had to approve promotional materials (that's hardly a stumbling block), and to get some-odd percent of sales (nothing too hard here either). So Interplay descends further down the slippery slope by using a questionable advertising slogan for the repackaged games. (Which is another post altogether.)
But where my alarm goes off is that:
1) Bethesda was so incredibly liberal before their new game became a 'hit,' and now all of a sudden they want to start clamping down and start enforcing restrictions.
2) If Bethesda was actually suing just because they didn't raise the $30 million to make the FO MMO, then why sue? No court is going to rule in favor of Interplay if they weren't even close to that amount. I would imagine that if Interplay were to get a favorable ruling that they would have to show that yes they were very close, or had some sort of promissory note from investors showing that they had the backing but just didn't have access to funds yet. (But really who wants to invest in a company that only has $16K dollars on hand?)
3) The argument that Bethesda was afraid Interplay would ruin the name of FO is bogus. Interplay created, developed and marketed the FO franchise out of thin air. All the fans were obviously happy with FO under an Interplay banner, so that's a fallacious argument at best.
4) If this whole thing were just about a misleading (sort of) game box design/advertising and promotional materials why was the law suite worded (and I quote)
"Bethesda is asking for injunctions against Interplay's manufacture, sale, and distribution of back catalog Fallout games, that a judge declare the trademark licensing agreement terminated, and that Interplay pay for damages and legal fees."
That means, and I admit that my legalese is a little rusty, that they want Interplay to completely stop EVERYTHING. Bethesda could have easily just sued Interplay to change the box design. This happens all the time, if you live in America you know what I'm talking about. On commercials that sell those stupid over the counter Viagra 'alternatives' it says 'These statements have not be evaluated by the FDA.' Car commercials for vehicles that get those insanely high miles-per-gallon, it says 'Based on MPA estimate.' Cigarettes can't have cartoon camels, and must display the Surgeon Generals warning. The list goes on and on. Why not just sue for a change in the packaging? Why stop everything altogether?
This is what leads to think there is something nefarious going on. But I think we can agree (regardless of motive) that there is more to this than meets the eye. Phew, I'm tire of typing :P
-- Edited for punctuation, and the board messed me up LOL
@ Jinnigan
First of all, nothing involving money and intellectual property rights is ever solved with 'just a phone call.'
Jinnigan, you're right about the phone call thing. I was using hyperbole and sometimes that's hard to get on a typed message. I was trying to say in effect "You can kill a fly with a shotgun, but there are far easier ways of doing it."
Secondly, what exactly do you think this is all about? Selling the old Fallout games hurts Bethesda in no way whatsoever, and in fact is probably great for them - people who play the older games might be more inclined to check out the newest game if they enjoy 1 and 2.
I agree that selling the old games really helps Bethesda a LOT. So you make my point for me, why try to stop someone from selling them at all?
As far as I can tell, what happened is that Bethesda licensed the right to make Fallout sequels. A year after that, Bethesda decided they'd rather buy the ENTIRE IP. This means Fallout is no longer an Interplay product, but 100% Bethesda. Interplay doesn't even have the right to sell the old games anymore. In the same deal, Bethesda licensed to Interplay the rights to make an MMO.
Wrong, Bethesda DID give them the right to sell the original titles in lieu of receiving a percentage of sales and one or two other stipulations. Yes Bethesda did give them the option to make an MMO.
The reasoning I suspect is behind this is that Bethesda knew that Interplay would start shitting out really terrible online fallout games that would muddy up the brand name, which would be bad for them since they now had the rights to make multiple sequels in the main line.
Ok, I'm going to say this again, the argument that Bethesda was afraid Interplay would ruin the name of FO is bogus. Interplay created, developed and marketed the FO franchise out of thin air. All the fans were obviously happy with FO under an Interplay banner, so that's a fallacious argument at best.
So Bethesda being pretty big decided that the best solution to this was to buy up the entire IP and simply license the online rights to Interplay. In that license are really restrictive terms that required Interplay to raise a certain amount of money and start production within a certain time limit, and they've since failed to do so, with Bethesda pulling the plug on them.
No, Bethesda already owned the entire IP, you just said that yourself a couple of paragraphs up. They gave Interplay the option to make a MMO... IF they could come up with some serious dough ($30 Million) by a certain time, they didn't and thusly it reverted back to Bethesda by default. Once again I posit the argument that:
No court is going to rule in favor of Interplay if they weren't even close to that amount. I would imagine that if Interplay were to get a favorable ruling that they would have to show that yes they were very close, or had some sort of promissory note from investors showing that they had the backing but just didn't have access to funds yet. (But really who wants to invest in a company that only has $16K dollars on hand?)
It was a pretty savvy move by Bethesda, because now they own a revitalized license with a ton of interest in it and multiple products being developed for it, and they don't have Interplay shitting out horrible MMOs potentially shying customers away from the series. This lawsuit is the final step in completely removing any link Interplay has left to Fallout.
Yes it was a savvy business move, Bethesda made out like bandits buying the IP for (I heard) $5.7 million dollars. This shows what can happen when you are in the right place at the right time. And it is true that Interplay isn't what it used to be. They really haven't had any good games for a while now. But I choose to remember them the way they were, a cool company that was short on funds but long on creativity. Which is what matters most. That's why these games still sell. (It's certainly not because the graphics are 'cutting edge' is it?)
As far as them 'shitting out horrible MMOs' we will probably never know. But if you ask me I don't think realistically Bethesda every thought that would happen anyway. (Interplay only has $16K on hand for the love of Pete.) I think that was probably just a ruse to seal a sweet deal before Interplay realized what was really going on.
The only time I have ever shied away from a game because of a company name is when it reads EA, UBIsoft, and now possibly Bethesda Softworks. Remember content is king, brand names are just for show. Besides it's easier to change what someone else worked hard to build, than it is building from scratch.
You're right they are trying to remove Interplay from the FO franchise, why else would you sue someone who couldn't afford to defend themselves even if they wanted to? Perhaps to get the rest of the other companies IPs to put through the hands your cookie cutter coders? This makes me question motives right there.