Fallout MMO Lawsuit Update -- Bethesda Denied Restraining Order Against Masthead


Posted September 23, 2011 - By Nikole Zivalich

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Bethesda's iPhone Game The legal battle surrounding the Fallout MMO continues as a court has denied Bethesda Softworks a restraining order against Masthead. The Fallout MMO, also known as Fallout Online, is being co-developed by Masthead Studios. Bethesda has been attempting to block the progress of the Fallout MMO since 2009.

A U.S District Judge has denied the restraining order requested by Bethesda without even giving Masthead a chance to object. The judge stated:

"Indeed, [Bethesda] was aware as early as February 2011 that Masthead was potentially infringing its copyrights... Yet, Plaintiff waited seven months to apply for ex parte relief."

He added "The Court finds that Plaintiff unreasonably delayed in seeking relief, and that the emergency that allegedly justifies a [temporary restraining order] is self-created."

If this is the first you're hearing about FalloutMMOGate (I just made that up) then allow me to catch you up to speed. In 2007 Bethesda acquired the rights to Fallout from Interplay under the condition that the rights to the Fallout MMO would stay with Interplay. Two years later Bethesda sued Interplay for not meeting the conditions of their agreement. Months later a judge denied Bethesda's injunction against Interplay.

Bethesda then filed another lawsuit, this time against Fallout Online's co-developer: Masthead. This lawsuit stated Masthead violated the terms of the agreement by using assets from the Fallout universe. Interplay found Bethesda's interpretation of their deal to be "absurd," since they knew about their plans well ahead of their lawsuit. A notion the judge seems to agree with.

I'm not a lawyer but I have seen Legally Blonde 27 times. It does sound a little silly to me. Why would Interplay wants the rights to a Fallout MMO that has nothing to do with Fallout? Hopefully this denial will urge Bethesda and Interplay to find an agreement that results in gamers getting to play Fallout Online.

Source: Gamasutra

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Fallout MMO Lawsuit Update -- Bethesda Denied Restraining Order Against Masthead


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