We knew it was coming. Interplay has filed their 10-K for 2008, and among various optimistic estimations of the company's immaterial assets and a conspicuous lack of 30 million dollars there is this little passage under the "Legal proceedings" heading:

Interplay recently received notice that Bethesda Softworks, LLC ("Bethesda") intends to terminate the trademark license agreement between Bethesda and Interplay which was entered into April 4, 2007 for the development of FALLOUT MMOG. Despite the fact that no formal action is currently pending, Bethesda claims that Interplay is in breach of the trademark license agreement for failure to commence fill scale development of same by April 4, 2009 and to secure certain funding for the MMOG. Interplay adamantly disputes these claims. Although the potential damages are currently unknown, if Bethesda ultimately prevails and cancels the trademark license agreement, Interplay would lose its license back of the "Fallout" MMOG and any damages resulting therefrom are unknown at this time.

Whereas if the game gets done the damages will be pretty much apparent. Expect this to drag out for a while still.