Bethesda Sues Interplay Over Fallout Game

[exfileme]

Bethesda is suing Interplay for trademark infringement.

Bethesda Sues Interplay Over Fallout Game : Read more

 

[Guest]

Bethesda, your boots are getting a little big. If it wasn't for Interplay, you wouldn't even have a Fallout 3. You should be working positively with Interplay instead of trying to put them out of business.

 

[Sicundercover]

[citation][nom]nismor31[/nom]Bethesda, your boots are getting a little big. If it wasn't for Interplay, you wouldn't even have a Fallout 3. You should be working positively with Interplay instead of trying to put them out of business.[/citation]

Its part of the deal that Interplay signed too. If they didnt want the deal they didnt have to sell. You cant just go make a business deal with someone (because you killed your own franchise) and then turn around and break it at your convince when it suits you (when the buyer rebuilds your franchise bigger then it was).

Bethesda is completely in the right here. Interplay screwed up their franchise and Bethesda doesnt want them screwing it up again now that they have rebuilt it bigger then it was before.

 

[chriskrum]

So they're upset that they didn't get to approve the packaging on a direct download????

Or they're upset that they didn't approve the advertising of which there's been none?

Or are they just upset that someone is making a little bit of money off of the original Fallout games, without which Bethesda would have nada.

What a sad company. They're worried about competition from an eight year old title.

 

[chriskrum]

People seem to be missing the fine points here:

1. Interplay has the right to sell the first trilogy.

2. Bethesda has the right to approve packaging and advertising to protect it's trademark.

3. Interplay is selling the Fallout trilogy as electronic downloads. No packaging. No advertising.

Basically it looks as if the clever people at Bethesda thought that they'd be able to prevent the first games from being sold because they could always refuse to approve the packaging, etc on trademark gounds. Interplay instead went with an all electronic media, thus doing an end run around Bethesda's shenanigans.

I don't think Bethesda is on very solid ground with their suit. That's why the patently ridiculous claims of grave damage to their trademark are being made. They're throwing everything at the wall hoping something sticks.

 

[pwndcake]

[citation][nom]kami3k[/nom]And also Interplay was selling the Trilogy, really that's two things they did wrong. One of them simply breaking a contract, but then they go and sell a game they didn't have rights too. Again, stfu with the whining.[/citation]

The trilogy is Fallout, Fallout 2 and Fallout tactics. They weren't selling a game they didn't have rights to.

So STFU with your whining.

 

[Mrbumbum]

Bethesda is full of morons, at least technical support hotlines.

When I bought Fallout 3 for PC the game kept crashing once I clicked the launcher. This happened repeatedly and I tried numerous things such as: making sure everything was updated (which it was), reinstalling and installing on a different hard drive.

I finally decided to call tech support, who had me do dxdiag. I read off my specs and when I got to my processor which was E6550 @ 2.33ghz the tech support stopped me there and said that was my issue. She said the game required a 2.4ghz processor and that I did not meet the minimum requirements.

In order to fix my problem according to them I had to UPGRADE to a Pentium 4 2.4ghz from my E6550 to run their game…….

I even emailed them and asked for someone higher up the corporate ladder and he riddled me off the same poor excuse.

Turns out one of the files on my install disc was corrupted so I borrowed a friends DVD and fixed it right away. The game ran on max at 1680 x 1050 with average of 45fps. Boy I wish I would have upgraded to that Pentium 4, then my frame rate would really be through the roof.

Bethesda I hope your case is thrown out and that you’re sued for a frivolous lawsuit.

 

[indigoataxia]

3. Interplay is selling the Fallout trilogy as electronic downloads. No packaging. No advertising.

Actually they also have packaged stock at local retailers. Walmart started carring it a few weeks ago.

 

[Blessedman]

I think that Bethesda is worried that the consumer will have a hard time telling the difference between Fallout Trilogy and Fallout 3. Which is a legitimate concern.

 

[doomtomb]

[citation][nom]Blessedman[/nom]I think that Bethesda is worried that the consumer will have a hard time telling the difference between Fallout Trilogy and Fallout 3. Which is a legitimate concern.[/citation]
I agree because the logos look the same to me. And there's been so many other add-on packs to Fallout 3 I don't even bother with them because I don't know what I'm getting into.

I still feel that Interplay isn't doing anything wrong, they are re-packaging their original games but the packaging and advertisement is misleading. Besthesda's reply to this seems extremely harsh and savage and that it has taken more than just this incident to make them fly off the handle.

 

[anamaniac]

what the hell do they have to whine about, Bethesda got a famous name and a kick ass game that was able to make a MASSIVE profit, and if the water-logger Interplay company sells their wares from a while back, then that should increase sales by bringing up new speculations and ideas. Interplays fallouts were and are different games, and older, so they are only in retro demand, so the hardcore fans of fallout will storm to it, but sales of fallout 3 are nothing to whine about.

 

[dingumf]

[citation][nom]Mrbumbum[/nom]Bethesda is full of morons, at least technical support hotlines. When I bought Fallout 3 for PC the game kept crashing once I clicked the launcher. This happened repeatedly and I tried numerous things such as: making sure everything was updated (which it was), reinstalling and installing on a different hard drive. I finally decided to call tech support, who had me do dxdiag. I read off my specs and when I got to my processor which was E6550 @ 2.33ghz the tech support stopped me there and said that was my issue. She said the game required a 2.4ghz processor and that I did not meet the minimum requirements. In order to fix my problem according to them I had to UPGRADE to a Pentium 4 2.4ghz from my E6550 to run their game…….I even emailed them and asked for someone higher up the corporate ladder and he riddled me off the same poor excuse. Turns out one of the files on my install disc was corrupted so I borrowed a friends DVD and fixed it right away. The game ran on max at 1680 x 1050 with average of 45fps. Boy I wish I would have upgraded to that Pentium 4, then my frame rate would really be through the roof. Bethesda I hope your case is thrown out and that you’re sued for a frivolous lawsuit.[/citation]

pics or it never happened

 

[shqtth]

hmmm I can see the problem, still somehing should be put on the trilogy packaging to make things more clear, that is why Bethesda should review the packaging. A lot of preople would buy a trilogy thinking its v1,2,3, (aka parents, grandparents) and it would hurt fallout 3 sales.

wtf, how can a trilogy contain a tatics game? Not really a trilogy since fallout 3 is out.

 

[Mrbumbum]

[citation][nom]dingumf[/nom]pics or it never happened[/citation]

 

[chriskrum]

I'd like to amend my comment. I have not seen the retail package, but if it does exist then Interplay has crossed a line and are rightfully in trouble. Bethesda does have an interest in making sure that a box labeled as a trilogy does not get confused with Fallout 3.

 

[esquire468]

[citation][nom]chriskrum[/nom]I'd like to amend my comment. I have not seen the retail package, but if it does exist then Interplay has crossed a line and are rightfully in trouble. Bethesda does have an interest in making sure that a box labeled as a trilogy does not get confused with Fallout 3.[/citation]

http://www.newegg.com/Product/Product.aspx?Item=N82E16832136011&cm_re=fallout-_-32-136-011-_-Product

Doesn't look too confusing to me. The only thing I might have suggested is referring to it as "Fallout Classic Trilogy".

The game is available retail at Best Buy and Micro Center. I've seen them at both.

 

[Guest]

i've played the entire Fallout series, starting with 1. when i read Trilogy, i immediately thought 1, 2, 3, not 1, 2, Tactics. to someone buying this product on the basis of 'that Fallout game my friends have been telling me about'--easy mistake.

i think Bethesda has a legitimate concern. the 'rest' of it sounds harsh because it's typical lawyer-speak: threaten-gimme-threaten.

both these companies make or made high-quality games. go spew propaganda hatred elsewhere, or at the fact at yet ANOTHER invasion of lawyerdom into our hobby. all this does is force companies to hire a larger legal department and a smaller programming one--a lesson Interplay learned the hard way in the early 2000s.

 

[spongebob]

[citation][nom]esquire468[/nom]http://www.newegg.com/Product/Prod [...] -_-ProductDoesn't look too confusing to me. The only thing I might have suggested is referring to it as "Fallout Classic Trilogy".The game is available retail at Best Buy and Micro Center. I've seen them at both.[/citation]
Did some surfing around looking for Fallout Trilogy Artwork. The one thing I noticed on the artwork I found was the prominent placement of the Interplay logo, and the rather conspicuous absence of a Bethesda logo. Bethesda's only mentioned in the legal copy on the back. That might be taken to be something of a slap on the face.

 

[spongebob]

[citation][nom]esquire468[/nom]Doesn't look too confusing to me.[/citation]Nor to me. But have a look at the reviews on that New Egg page you linked. Of the 12 reviews, I believe 3 people were whining about FO3 not being included - one even called the packaging intentionally deceptive.

 

[RazberyBandit]

Bethesda has a point. Fallout is an OLD game, and calling this 3-pack a trilogy can be misleading for the uninformed buyer. Why they need to sue them over this is beyond me, but obviously they feel they have legitimate reason to do so. While they're at it, they should sue for the rights to complete development of what was supposed to be the original Fallout3, which was codenamed "Van Buren." That game showed promise, but was canned.

All that aside, I want to know is if this is going to have a direct impact on the release of the Fallout3 GoTY edition, or not. I couldn't care any less why they're doing it. I just want hard-copies of the game and DLC add-ons.

 

[Andraxxus]

Shame on you Bethesda you got a lot of money thanks to Interplay.

 

[TheLighterHalf]

You are all missing a crucial point here. There was a contract involved. Contracts are not flexible. If you screw up one of the points, its on. Interplay screwed up one of the points. They sold a trilogy of a game which is no longer in their hands. Sure, they created it but they don't run it anymore, it's Bethesda's now. If you sell a car, you don't get to drive the car. Interplay was asked not to sell anything from their old Fallout games without permission from Bethesda, they sold a trilogy without consulting Bethesda and now they've got to face the consequences. It's that simple. Agree to the contract, follow the contract.

If you want to stop a company from doing something like this again, you slap them on the wrist, that means suing, that means legal costs, that means canceling their agreement. This isn't a handshake between neighbors people, this is a company that willfully ignored the stipulations in their contract and now have to pay the price. Bethesda isn't "whining", they're protecting their new investment from the people who sold it to them.

 

[purplerat]

I can definitely see why Bethesda is upset. Packaging a "Fallout Trilogy" and selling it along side Fallout 3 is very confusing and does seem like Interplay is trying to get a few cheap buys off the work Bethesda did. I was never a Fallout fan, having never played or really paid much attention to the previous games. When I first saw the trilogy pack in stores I was momentarily confused as to whether it contained Fallout 3 or was an expansion pack or something.

Like others have said Interplay did sign a contract (along with accepting what I'm sure was a lot of money) agreeing to certain stipulations when it comes to packaging these games. Not only did the obviously ignore the agreement, but they also seem to have gone out of their way to do exactly what that part of the agreement was put in place to prevent.

 

[purplerat]

[citation][nom]chriskrum[/nom]People seem to be missing the fine points here:
1. Interplay has the right to sell the first trilogy.
2. Bethesda has the right to approve packaging and advertising to protect it's trademark.
3. Interplay is selling the Fallout trilogy as electronic downloads. No packaging. No advertising. Basically it looks as if the clever people at Bethesda thought that they'd be able to prevent the first games from being sold because they could always refuse to approve the packaging, etc on trademark gounds.

Interplay instead went with an all electronic media, thus doing an end run around Bethesda's shenanigans.I don't think Bethesda is on very solid ground with their suit. That's why the patently ridiculous claims of grave damage to their trademark are being made. They're throwing everything at the wall hoping something sticks.[/citation]

Actually it looks like you are the one missing the point.
http://www.bestbuy.com/site/olspage.jsp?skuId=9314538&type=product&id=1218083032724

 

[jellico]

Well, this really sucks! Regardless of where your loyalties lie, the fact of the matter is that this little pissing contest is exactly the sort of thing that could wreck any future versions of this great franchise. Fallout 3 was one of the best games I've ever played. If this situation isn't resolved amicably, it will be we players who ultimately are the worse for it.