• Category Archives Lawsuits
  • NCSoft Is Suing TERA Again

    It’s been two years since I last talked about the lawsuit between NCSoft and TERA developer Bluehole Studio, so I think a recap is necessary. Many years ago, before Lineage III was known as Lineage Eternal and when NCSoft still had plans to develop the MMO on the Unreal 3 engine, several members of the Lineage III staff left to form their own developer, Bluehole Studio, developer of the MMO The Exiled Realm of Arborea. NCSoft sued Bluehole in Korea in 2006, claiming that the developer had stolen software and hardware, as well as art, to make TERA. Bluehole was convicted in Korea and convictions were upheld (for the most part). A civil complaint was filed in 2010 and overturned by the courts. However, as you are well aware, TERA continued its development and launched in Korea with a western release early this year.

    As it turns out, NCSoft isn’t taking this US release sitting down. The publisher launched a lawsuit in New York today, with essentially the same charges of theft of physical and intellectual property.

    “Their business plan was simple and audacious: create a competing product using the very work they had done while at NCsoft, launch it themselves to great fanfare and acclaim, and, in the process, deal a crippling blow to their former employer,”

    NCSoft seeks an injunction barring TERA from releasing in the United States, as well as enhanced damages for Bluehole’s misconduct. Appeals of the criminal and civil cases in Korea are still ongoing.


  • 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?


  • Bethesda/Interplay Lawsuit Settled, Nothing Specific Released

    It’s funny how some banners look better in your mind before you put them on paper. Good news everyone! According to Duck and Cover, a premiere Fallout fan site, a settlement has been reached between Bethesda and Interplay over the ongoing lawsuit pertaining to Fallout Online (or Project V13).  For those in need of a jump to the brain, back in 2007 Interplay sold the Fallout franchise to Bethesda under the agreement that Interplay would develop the Fallout MMO, with the understanding that such a title would be in full development by April 2009. When that date came and went, allegedly with no real progress, Bethesda launched a lawsuit against Interplay for failing to meet their side of the bargain.

    This recess was extended, and then they recessed for lunch. After the lunch recess, the court room was locked to everyone except attorneys and clients. When our source asked why this was the case, our source was told it was because they were working out a settlement. The following day, another source called the court reporter to ask what the next hearing schedule for the case was — this source was told there was no schedule as a settlement had been reached.

    More information, according to Duck and Cover, is set to be released this month. Until then, let the speculation continue on the future of the vaporware MMO known as Project V13.

    (Source: Duck and Cover)


  • Neverwinter Delayed, Atari Loses Rights To D&D

    A very long-awaited news line comes to a close today: Atari and Hasbro have settled their lawsuit and Atari has come out the loser in the deal. As announced on Gamespot today, Hasbro is regaining full rights to the digital licensing from Atari, meaning Atari will no longer be able to license Dungeons and Dragons games. As part of the settlement, Atari will still be able to sell and develop a selection of D&D games, from Daggerdale to an upcoming Facebook game.

    Neverwinter is the other half of the lawsuit, especially considering the sale of Cryptic Studios to Perfect World Entertainment left a lot of questions unanswered. Did the game transfer with Cryptic? If not, who would develop it? Neverwinter now carries a “late 2012″ release date, attributed to Perfect World Entertainment’s desire to invest in a more immersive experience.

    The year delay hopefully signals that Perfect World Entertainment won’t be tolerating Cryptic’s habit of game development: Short development cycles that produced products that ultimately lack content and polish. With legal issues out of the way, hopefully development of Neverwinter can resume to its full extent.


  • Interplay To Bethesda: No, You’re Absurd!

    This is an old screenshot.

    Back in April I happily announced that the Interplay Vs Bethesda lawsuit was over, after an investor reported to Joystiq that Bethesda had dropped their suit. Of course, as we discovered in our long and incredibly painful interrogation of investor Frymuchan, Bethesda confirmed that they were not dropping the suit, and planned to continue full steam ahead.

    Last month, Bethesda made a claim so ridiculously absurd that I did not report on it out of strong suspicious that the report was fake. As we know so far, Interplay has the rights to create a Fallout MMO, which is what spawned the whole lawsuit in the first place (Bethesda wants those rights back). In their latest claim, Bethesda made the statement that they only gave the rights to the name Fallout for the MMO, and that Interplay had no rights to use anything else from the franchise in said MMO. So…Interplay agreed to making a Fallout MMO that has nothing whatsoever to do with Fallout aside from the name? Bethesda may have had a stronger case just having their lawyer shout out “if the glove don’t fit, you must acquit,” during trial.

    Interplay, of course, fired back yesterday calling the claim “absurd” and “without merit,” surely far more conscious words than many of us would use to describe such statements (I’ll start with juvenile, desperate, pathetic, and you can fill in the rest). For a company that is worried about the Fallout MMO never making it to light, Bethesda sure is spending a lot of time and effort to cripple Interplay through legal fees and wasted time.

    Then again, when the genre is continuing to take more serious turns, we can always use two clowns in the corner honking their horns and throwing pies in each other’s faces. For comedic purposes. It’s a good thing Interplay talked about the Fallout MMO being light hearted and humorous, because the game itself is already a running joke, not unlike Duke Nukem Forever. Not the happy funny either, but the depressing funny, like laughing at the crazy homeless guy with the tinfoil hat and the “The end is nigh” cardboard poster.

    (Source: Gamasutra, linked above)


  • Atari Vs Turbine: The Aftermath

    Well someone had to do it.

    For people like me, lawsuits are a swing and a miss, mainly because after all of the legal jargon, reading long court documents to figure out what is happening, and trying to get both sides to speak on the case, there comes the inevitable deal breaker: The settlement. A settlement, often out of court, is generally always secret, none of the agreements are released to the public and neither side can talk about who was wrong on what accord.

    So you’ll have to accept my apologies when I tell you I was well aware that the Turbine/Atari lawsuit ended, not only that but it ended four months ago, around the time Turbine was acquired by Warner Brothers. The major changes? Not much to speak of, aside from Turbine reacquiring their publishing rights in Europe, although this could be a decision under the new ownership.

    The lawsuit went out with a fizzle and not a bang, and it’s anyone’s guess who won, if there is a “winner.” I’m removing the lawsuit category at the end of the month, as it will no longer be needed.


  • True Games Vs Petroglyph: Lawsuit Over

    Whatever suits you.

    Diablo-style God-of-War reminiscent upcoming MMO Mytheon is among the ongoing list (read: all of them) of MMOs with troubled developments. Citing poor efficiency and unreasonable demands for time and funds, publisher True games launched a lawsuit against the developer, Petrolyph. I commented (not here) at the time that the reasons cited in the lawsuit make it sound like True Games’ lawyers are the same people who troll MMO forums about how they cancelled their preorder because they didn’t anticipate that an MMO from an indie developer is likely to be delayed for months on end, but rather the game itself is an artful scam, by a fraudulent company. Petroglyph stated, in their defense, that True Games was expecting essentially a AAA title.

    I’ve never been good at subtle titles, so you’re already aware of how this story ends. Unlike the other lawsuits I cover, this suit does have a happy ending: Although neither side is admitting fault or wrongdoing, they have settled their differences and Mytheon is back on track for a June 13th launch.

    Congratulations and, once again, best of luck to Mytheon in becoming…well, a launched game.


  • True Games Vs Petroglyph: Development Continues

    Petroglyph Has Cajones

    As I mentioned earlier this week, the Fates (mortals) in Mytheon are having quite a hard time. Not only do they have their original task of attempting to bring down the gods, but now they must take down an even greater foe: The publisher. Citing consistent delays and unreasonable requests for funding, True Games Interactive, a company still in its toddler stage (founded January 2008) and has been publishing Warrior Epic. Now, in my normal fashion, I won’t be bashing Warrior Epic, but I will point out that my trek to the WE forums found that only five out of the sixteen forum categories have had a post in the past week, with six having no posts since April. Apart from that, my only company were forum bots from Google, Yahoo, MSN, and Baidu.

    Petroglyph Games, noted defendant and developer, is being accused of not patching the title, and holding the source code hostage. True Games announced that they are moving full steam ahead with the title’s current beta process.

    “Mytheon will proceed through Open Beta and launch officially in the near future. We cannot provide more details at this time. Players and fans of Mytheon will not be affected in any way. We are committed to delivering a fun and unique game play experience with the release of Mytheon.”

    Best of luck to Mytheon in the future. It’s time to slay some gods!


  • True Games Vs Petroglyph: Reminiscent of Bethesda Vs Interplay?

    Aka: Bethesda Vs Interplay

    Mytheon, at its core, may sound a little like God Of War: The MMO. Deciding to take their fate into their own hands, the mortals have taken up arms against their gods, to bring them down and prove once and for all that they are capable of self sustainment. Mytheon is a top-down game, akin to Diablo, and is set to run on a free to play, microtransaction level when it releases this year (subject to change).

    It appears the Fates (mortals) of Mytheon may be struck down, not by the Gods, but by the other hand that feeds them: The publisher. True Games, to-be publisher of Mytheon, is suing the developer Petroglyph Games, due to unfulfilled obligations. According to documents provided, Petroglyph was originally supposed to deliver a gold title back in November ’09, a date that was extended to February, and followed by a promise of delivery in March. When March rolled around, and off into the sunset, with no Mytheon.

    Among True Game’s claims are that Petroglyph made unreasonable demands for additional funds and time, coupled with a lack of enthusiasm and efficiency, that threatened both companies. According to Petroglyph, True Games is trying to make Mytheon into something it isn’t: A full blown $15/month MMO.

    I’m in the Mytheon closed beta, and what you don’t say is often more powerful than what you do say (not to mention I believe I am under Non Disclosure) so I will leave it at that. This does remind me of the current lawsuit between Bethesda and Interplay, as that is over the slow progress of Fallout for different reasons.

    More on Mytheon as it appears.


  • Bethesda Vs Interplay: The Lawsuit Is NOT Down

    On your way, vault dweller

    Update: According to a report from Bethesda to Joystiq, the lawsuit has not been dropped. Please accept our apologies as our bounty hunter tracks down Interplay investor “Frymuchan” for his disservice.

    “It’s an ongoing legal matter. I don’t know where whoever reported that got their information, but it is ongoing and we are going to see how it plays out in court.”

    It feels like a long time since I’ve been able to update on the Bethesda/Interplay lawsuit, and in fact it’s been over four months since the latest lawsuit news! And what news it is:

    Bethesda has dropped the lawsuit against Interplay, over the Fallout MMO “Project V13,” allowing the struggling developer to move full steam ahead in their development. The terms of the dropped lawsuit are in the secret vaults for now, but hopefully someone from Bethesda or Interplay can shed some light in the coming days, on the status of Project V13 and the two company’s involvement, and perhaps what led to the lawsuit being dropped.

    For the sake of not getting up hopes, I’m still leaving Project V13 in the “rumor mill” file, as no longer being sued puts the title exactly where it was before the lawsuit began: On a long road to nowhere. We are also awaiting news of Bethesda’s upcoming MMO, speculated to be based on the Elder Scrolls universe (Well if it was a Fallout MMO, it is scrapped now)

    The Fallout MMO is expected to go into beta sometime in mid-to-late 2012, and no that isn’t one of my jokes.



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