The Bethesda vs. Interplay "Fallout Online" saga has now dragged on for over two years. Back in 2009, "Fallout 3" developer Bethesda filed a suit against original "Fallout" developer Interplay, claiming that the company had violated agreements reached between the parties in 2007. The crux of the matter centers around Interplay's attempts to get a "Fallout" massively-multiplayer online game out on the market. While both parties have slung some mud at one another, a new court filing by Interplay definitely has me scratching my head.
According to the June 23 filing, via Gamasutra, Interplay claims that Bethesda knew all along that the company planned to develop an MMO set in the "Fallout" universe. This filing was made in response to a request for an injunction by Bethesda, stating that they had never consented to allow Interplay to use the story, characters, and setting of "Fallout 3."
"For at least four years, Bethesda has known that Interplay interpreted its right to create the Fallout-branded MMOG to include copyrighted content from the 'Fallout' universe in order to make the MMOG a recognizable 'Fallout' game," Interplay's June 23 filing reads. "Bethesda never objected and did not seek an injunction because it knew Interplay was doing exactly what the parties intended under their agreements."
In January, Bethesda had claimed that they had licensed only the name "Fallout" to Interplay, and that creating a game within the established "Fallout 3" universe would only confuse gamers.
How in the world is Bethesda contending that they didn't know Interplay would use the established "Fallout" world? Honestly, if Bethesda was aware that Interplay was planning on developing a "Fallout" game – which they obviously did, as they licensed the title back to them in 2007 – wouldn't they assume that the game would take place in the "Fallout" universe? Interplay seems to feel the same way.
"This is ironic because Bethesda contends Interplay should have created an entire game of incompatible story, characters, and art and labeled it 'Fallout' only in name," the filing goes on to say.
The reality is, there's no way of knowing if the "Fallout" MMO is ever going to see the light of day. My suggestion: quit fighting, work together to make a great game, and rake in the profits. Interplay created the franchise in the nineties, Bethesda purchased it for $5.7 million in 2007, and created the excellent "Fallout 3;" put the two together, and this thing could just work. Otherwise, I guess we can take Bethesda's "only in name" argument, and all play "Fallout: Soccer Coach Simulator."