Interplay vs. Bethesda, Continued

The legal fight between Bethesda and Interplay about the Interplay-produced Fallout Online continues with Interplay counter-filing Bethesda’s request for a preliminary injunction mostly by shooting down Bethesda’s argument that Interplay could only use the Fallout name, Interplay reports.

“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,” the 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,” the document continues.

Interplay also takes issue with Bethesda’s argument that a Fallout MMO would “confuse and confound” Fallout 3 players because of alleged plot conflicts between the games.

“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 document says.

Furthermore, the filing contains a status update on Fallout Online, reposted on the Interplay forums.

“Since April 2009, Interpay has mapped the MMOG environment including approx 65,500 square miles of in-game terrain.” (poster note: This is about 1/2 the size of Germany)

“Textures, objects and characters have been implemented into the game environment. Base models for player characters and non-player characters have been created. The computer models for many types of creatures have also been designed and the 3D geometry and textures created. Several game zones have been blocked out, textured, and populated w/ 3D objects.”

“The initial starting zones for each of the player character races have been designed.” (Interesting)

“Many environmental object and weapons models have been created and textured. Some Non-player characters have been placed live in the game. Fallout Online combat, leveling, character development, item crafting, skills, and item stats were written prior to April 2009 and have been tested. Since April 2009, Interplay has refined and further developed its design regarding the funnctioning of player-run towns, social centers, and guild compounds.”

“Interplay has created and continues to create additiional concept art and has created and continues to create player and non-player character concepts, names, characterizations, dialog and game scenarios. Quest content and design is ongoing and includes content and mechanics for multi-part intra-zone and dynamic world events and quests. interplay has created and written a large multi-part, game-worldwide meta-puzzle including the puzzle structure, code system, and planned locations, which is designed to foster cooperation and competition among players for an extended time period. Masthead continues to revise and improve its technology, including its game engine, tools, and network software for the specific development of the Fallout MMOG.