Bethesda Wins Lawsuit, Interplay Fallout MMO Terminated

War. War never changes. And neither does litigation. Bethesda’s parent company Zenimax Studios announced today the results of the recent settlement between Bethesda and Interplay, over the rights of the Fallout MMO. In the settlement, Zenimax has come out on top, retaining all rights to the Fallout name and ensuring anything Interplay was working on is now worth zilch.

Under the terms of the settlement, the license granted to Interplay to develop the Fallout MMO is null and void, and all rights granted to Interplay to develop a Fallout MMO revert back to Bethesda, effective immediately. Interplay has no ongoing right to use the Fallout brand or any Fallout intellectual property for any game development. ZeniMax will pay Interplay $2 million as consideration in the settlement, each party will bear its own costs of the litigation, and Bethesda will continue to own all Fallout intellectual property rights.

In addition, Interplay will also lose the rights to publish Fallout 1 and 2 in 2013. You may remember that Interplay had sublicensed the Fallout brand to Masthead Studios (the Earthrise developers). In a separate filing, Bethesda sued Masthead (and settled on December 29th) for copyright infringement and assorted intellectual property violations, as it turns out Interplay was not allowed to sublicense without the approval of Bethesda, which they never received. In that case, no money has changed hands.

Is it early enough to declare Project V13 dead?

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