No Mutants Allowed

[Per]

Isn't it shocking when people just lie in the face of a judge? Who would even do that. Vigilant Ausir frequented a number of sleazy alehouses around the Caribbean to milk his spy network for information on the Bethesda/Interplay legal battle, and Bethesda's case seems to be a bit hit and miss:

In the original complaint, Bethesda not only claims that the name Fallout Trilogy for a compilation sold in the United States and containing Fallout, Fallout 2 and Fallout Tactics is misleading and cannibalizes on Fallout 3 sales. They also claim that around August 2009, Bethesda became aware of compilations of Fallout games distributed under the titles Fallout Collection and Saga Fallout in other countries. "Upon information and belief" Bethesda alleges that Interplay began packaging, advertising and promoting these packages after Bethesda's launch of Fallout 3.

While a lot of Bethesda's arguments in the filings are reasonable, this claim is entirely false. Saga Fallout has been sold in Poland by CD Projekt since 2004, and the White Label Fallout Collection has been available in the UK since 2006, while a previous Ultimate Fallout Collection was released in 2004.

Interplay's case on the other hand is a bit miss and hit:

Interplay does not have the necessary funds to fulfill the Trademark Licensing Agreement condition of securing 30 million dollars for the development of a Fallout MMORPG. And even if one were assume that they somehow did secure the money, by teaming up with Masthead Studios Interplay is still in breach of the provision that does not allow it to sublicense any of the development rights without Bethesda's approval.

The Merchandising Rights provision did not “grandfather” any prior packaging, advertising or promotional material, so even if they were identical to previously used materials, they would need to be approved by Bethesda before re-release, which Interplay did not do.

And that's just two items from a long list of... well, five. Maybe the court will rule against both parties and deport them to Alaska? For lying.*

Update: King of Creation of Duck and Cover also got hold of Bethesda's claims and posted some passages. Mainly stuff we already know, but now in Beth's own words.

Nearly all of Interplay’s arguments in the Opposition are based entirely on the unsupported statements, speculations and improper legal conclusions contained in the Declaration of Herve Caen, Interplay’s CEO (“Caen Declaration”).

They also claim that Interplay couldn't possibly be working with Masthead, since Masthead is already working on an MMOG and would explode if they took on a second.

Link: "Bethesda denies Trilogy pre-existence, Interplay creates an alternate universe" @ The Vault
Link: "DAC Has Secret Sources: Court Docs Obtained" @ Duck and Cover

* I'm not sure whether there's an actual courtroom involved. Maybe they're just passing papers back and forth. I'm pretty sure about the alehouses though.
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Game help can be found in my Fallout guides.

[verevoof]

Well this is quite a mess, isn't it. I'd hate to be the judge that has to sort this out.
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[Reconite]

I'm just confused now.
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ANKLAV PATROL!!!

[Goweigus]

Maybe if it is really messy, there is a better chance of interplay coming out of this with anything. If its super messy and the judge*(or whoever) decides they are both at fault, maybe interplay and their fledgling FOOL will have a better chance at life than if the issues were more clear and one sided.
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We can always opt for electric brain shock to forget our memories. So long as we remember to make a note to play Fallout and Fallout 2!!! and AFTERFALL w007!!!! 1337ness!!!!!!

[UnidentifiedFlyingTard]

so Beth lied? big surprise there.
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"if you like tunnel snakes u r not cool" - JE Sawyer via Twitter.

[Tagaziel]

Petition to chain Per to his computer and force him to be the sole newsposter of all NMA news submissions.
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Member of the Quintumvirate


No Mutants Allowed, your Fallout resource - Fallout New Vegas

[Pablosdog]

Will Bethesda incur a fine for lying to the judges?

I'm just curious.

[verevoof]

It would certainly lose them credibility, and hurt their case overall.
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[UncannyGarlic]

[Dopemine Cleric]

The arguments in this case are worse than day-time TV welfare fraud claims.
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[Ausir]

[Misteryo]

GM: Okay, everybody got their notes from last session? We're in the courtroom, and the judge is hearing arguments.
Bethesda: I accuse Interplay of marketing new material that is damaging to my franchise!
GM: [rolls dice] hmmm... You failed your intelligence check, there. Looks like the marketing material pre-existed.
Bethesda: Well, then I...
GM: Your turn is over.
Interplay: I cast "Pull The Wool Over" and claim I have the money and that Masthead Studios is, at the same time, proof that we have fulfilled the contract AND also not part of the project so that we don't violate the terms of the contract.
GM: That's almost gibberish, but, okay. Who are you casting the spell on?
Interplay: Everybody!
GM:Hmmm... area of effect penalty equals... [rolls dice] Well, nobody believes your story, but you did get lucky on your critical failure roll, and the good news is you did not disappear in a puff of smoke.
Interplay: Yay!
Bethesda: My turn! I...
GM: Actually, it's Ausir's turn. Ausir?
Ausir: I'm in a Carribean bar trawling for rumors.
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Go, The Masticator!

[Per]

Updated with link to DaC newsbit and legalese burn.
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Game help can be found in my Fallout guides.

[UniversalWolf]

If only truthful information were presented in a courtroom it would be a news story.

[TheWesDude]

actually not true, if an officer of the court ( licensed lawyer ) purposefully submits false court documents, they could potentially lose their ability to practice law.


of course, lots of times people submit false information, and these have to be filed as a greviance to the bar association.

but its possible.
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Trivia Dragon
-==(UDIC)==-

[MYTH]Murzin

[UnidentifiedFlyingTard]

so much for Bethesda's great lawyers, I hope they call a mistrial so they can settle this out of court.
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"if you like tunnel snakes u r not cool" - JE Sawyer via Twitter.

[Crni Vuk]

so there is eventualy a chance both companies might vaporate each other eventualy? Well who knows

[wolfsrain]

Wow! Big surprise here...
Bethesda noticed how well those compilations sold and they've felt that they don't get enough money. The only thing missing is to accuse GOG that they sell optimised packages (for XP and Vista ), though, if my memory serves well, the contract for those was also made before the time Bethesda steped in. But I wouldn't be surprised to see Beth's lawyers serving GOG with a trial. It's just the nature of this beast, right?!

[Beelzebud]

There is only one solution to this mess. Put Tod Howard and Herve Caen in the Thunderdome!

Two men enter, one man leaves!
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They raped it. R.I.P. Fallout 1997-2008

[orionquest]

since the thought plickens, now we are cooking a good plot soup full of all kinds of sarcastic observations and machinations of dark humor.

this is a textbook case of corporations and the machine complex of all that is not fun in this world taking over something that is supposed to be made for fun( remember that "gamers"? or did the wrinkle causing grown up world ruin it for ya?) and destroying it all in the name of the formerly mighty but now lowest bidder known as the thin air fiat monetary unit.

Can't we all just get to the Star Trek level and leave these Ferengie addicts behind?

The Universe was given as a free sandbox to play around with and somewhere along the line we lost our way and wanted to charge for everything to get some lazies motivated to do something other than idle on their couches after a meaningless job sapped their spirits out.

Simple, we just need a Dr "bones" equivalent to provide futuristic DNA upgrades and to do that we have a free energy wave upgrade upcoming from the Center of the Galaxy( NASA space probe recently missed hitting it and Sun's Bio shield of Earth just stopped working recently)

It's the "nexus" baby(ribbon not shampoo) and it's coming where's guynan(spelling ?)

anyway, we can pop this corn culture in a jiffy.

It beats being assimilated into the children of the HF corn syrup brigade.

Those in foreign lands do not know that our food industry and end game of our bodies were co opted by that which tastes sweet but is the devil in disguise in making us want to eat our surroundings at a more voracious rate, leaving our 4D interaction units rotting in this matrix of the womb resultant existence.

Can't fight the future, can't fight what I see.
Growing in numbers, growing in speed.
Nothing can stop us now, we're all made of stars.

People come together, people fall apart.

Nothing can stop us now, we're all made of stars.

Powers that be screwed up by causing their own end game on themselves by oppressing the masses with monetary based bank and warfare stale and regurgitated models.


We consume 30% of resources while at 5% of population. Across the Atlantic pond, Elite master puppets( thinking they are the puppet masters) want to have exclusive dominion on over consumption but would not mind that 3rd world + dog get on the Mcd's diet to destroy the delicate balance on planet.

( raising Brahmin HFCS Nuked cows to eat requires most resource waste of all food groups since raising them on grass takes double the time and that big mac can't wait for the Royal to get a new pulp fiction name)

The HFCS syndrome extends to coporations who must have gotten hooked on the idea of eating all the cool but now "undead" game companies in exchange for exotically disguised collateralized debt obligated thin air units with credit default swaps holding counterparties till a rave dawn.

That is our alphabet soup monopoly money financial system in a shell script + nut don't bust it.

What we need is an anti assimilation weapon to stop all the busyness borgs from ruining everything by buying it out and sucking all life out of it with thin air printed units that 99% of planet must work for very little of said units by boardroom decree.

Therefore, we infiltrate and go 5th column go speed racer style and we bombard with counter entertainment lest they think we have gone sane

For the rest, wipe this message Lois Lane style and go back to bed and wake up and wonder how r u and your loved ones going to get out of the financial bondage prison.