Bethesda denied preliminary injunction...again

Discussion in 'NMA News and Information' started by Brother None, Oct 27, 2011.

  1. Brother None

    Brother None This ghoul has seen it all
    Staff Member Admin Orderite

    Apr 3, 2003
    At this point I'm not even sure this is new, but I'm fairly sure it is. After having been denied an injunction against developer Masthead, the appeal to the denied injunction against Interplay itself has now also been denied, per Joystiq. I'm pretty sure that's new, and I'm also pretty sure that's the last injunction request Bethesda can make, meaning the case should proceed normally from here on out. I hope.<blockquote>United States Court of Appeals documents show that Bethesda's aim was to show "the district court abused its discretion and misapplied the law in concluding that Bethesda failed to establish a likelihood of irreparable harm." And while the property owner continued to delve into fears over Interplay's suspect financial stability (a potential source of said irreparable harm), today's outcome similarly found Bethesda's claims unconvincing.</blockquote>
  2. Nark

    Nark Sonny, I Watched the Vault Bein' Built!

    Dec 6, 2008
  3. WorstUsernameEver

    WorstUsernameEver But best title ever!

    May 28, 2010
    Just appealed to your post. I don't think I ever gave you the rights to say that.
  4. Izual

    Izual Pipe rifle & chopsticks

    Sep 18, 2009
  5. dev

    dev Still Mildly Glowing

    Sep 25, 2004
    when world war III will start :)
  6. Nark

    Nark Sonny, I Watched the Vault Bein' Built!

    Dec 6, 2008
    -The content of this post may have violated copyright law and is under investigation by the court as per request of WorstUsernameEver-
  7. Alphadrop

    Alphadrop A right proper chap.

    Aug 21, 2008
    I get nocked down, but I get up again to waste more money.
    Wait, that's not how that song goes.
  8. orionquest

    orionquest First time out of the vault

    Jun 26, 2004
    What Bethesda is facing

    This is what Bethesda is facing:

    Here's a reprint of my comment:

    Even if Bethesda wins the case, they are legally not allowed to release a Fallout MMO until a minimum of 4 yrs after a victory( that will also be delayed with an appeal). So the earliest possible date of a release of a Fallout MMO by Bethesda would actually be in early to mid '16. Yes, that's right, 2016!

    Why?Bethesda's Chief Operating Officer has already testified in his deposition that it takes 4 years to create an MMO.

    If Bethesda wins and they release an MMO even 1 day before the 4 year minimum, their COO would have committed perjury which would allow for the case to be actually be reopened!

    So, in effect, Bethesda's goose is cooked even if they win.

    The only sane thing for them to do is to seek a settlement and actually work with Interplay to release a Fallout MMO or buy out Interplay's rights to the Fallout MMO which are still valid in the eyes of the law, the only opinion that really matters.

    What we have here is a strange case of Bethesda loading their own gun and handing it to Interplay and asking Interplay's Lawyers to shoot.

    If this were the only problem facing Bethesda.

    Bethesda has gone on record believing that they were only going to allow Interplay to release a game titled Fallout but not including anything related to the Fallout IP which guarantees that Interplay's Fallout MMO without any Fallout elements is destined to fail the submission requirements and will not receive Bethesda's approval for publishing.

    In essence, Bethesda never intended to honor their agreement which is the ground that Interplay needs to make the contract null and void.

    That is all the court really needs here. Bethesda's arguments cannot be verified due to the ambiguity of the contract.

    But it does not end there. If Bethesda is suicidal, they will risk losing this case.

    What happens if they lose the case and they lose the rights to the Fallout Franchise?

    Well, the Fallout Franchise accounts for almost 80% of Bethesda's more than half billion revenue the last few years.

    If they paid hundreds of millions for the Id Software purchase, chances are they did not do it using all their cash from Fallout 3 and its DLC's. They likely did not have enough cash to do it regardless of their massive Fallout 3 profit.

    It is entirely possible and most likely that Bethesda's Parent company financed their expansion via a debt issuance.

    Depending on the coupon rate and maturity of their bonds, Bethesda would be in jeopardy of actually being taken over by their bond holders if they have to pay back 100-200 million $ of their Fallout revenue to Interplay.

    Interplay currently sits at a market cap of roughly 5 million dollars.

    Care to guess what would happen to their stock price if they gain in excess of 70 million dollars as a settlement not to mention keeping the MMO?

    Their P/E ratio would be at a minimum be an absurdly low .07

    That's right, their P/E ratio would be way south of never heard of parity P/E ratios and it would in effect be inverted instead of normal P/E ratios of 7-100's

    For how long does that remain the case?

    One last comment:

    anybody that has paid attention to the court proceedings by reading the transcripts or seeing the case adjudicated in person would have noticed a severe deficiency in Bethesda's legal team's approach.

    We are talking basics like presenting evidence.

    At one point the Judge recently admonished Bethesda's Lawyers:here's a paraphrasing of what happened:

    I can look at the (Fallout-online)website but I cannot use any of it as evidence. ( The judge's assistant notifies her that it is blocked)The Judge then addresses Bethesda's lead lawyer in a sarcastic tone:"Even if I could look at it, I cannot present it as evidence. That's your job......(awkward pause) and you needed to have done it before entering my court room."
    That right there is all one needs to know about the quality of Bethesda's lead Lawyer.

    I will leave it at that.
  9. Khan FurSainty

    Khan FurSainty Look, Ma! Two Heads!

    Apr 23, 2009
    Lawyers: Alright, people, so far everything failed; time for plan B!

    *Next day*

    Judge: Ah, you fin... Why are you wearing colorful children's costumes and carrying enormous lollipops?

    Lawyers: *Gathering in a line* "We represent the Lollipop Guild..."

    Judge: Daaawww, give Bethesda everything they want!
  10. Crni Vuk

    Crni Vuk M4A3 Oldfag oTO Orderite

    Nov 25, 2008
  11. TorontRayne

    TorontRayne Super Eye Patch Man Staff Member Moderator Orderite

    Apr 1, 2005
    This is one of the funniest shows they have done. I love it and I don't even care for South Park.
  12. Sub-Human

    Sub-Human -

    May 31, 2011
    Am I the only one that thinks Interplay can actually win the case, and then make a somewhat nice Fallout game?...
  13. Brother None

    Brother None This ghoul has seen it all
    Staff Member Admin Orderite

    Apr 3, 2003
    Interplay really shouldn't be able to win this case, but Bethesda's lawyers are really trying their best to habd it to them. Bethesda is still counting on winning it by attrition, which is certainly possible.

    A somewhat nice Fallout game? I doubt it. The release of FOOL is looking more and more likely but the odds of that game actually being good are very slim indeed.
  14. The Dutch Ghost

    The Dutch Ghost Grouchy old man of NMA Moderator

    Jan 11, 2004
    Like someone one posted before; Its like Hitler vs Stalin, either way we lose.
  15. FearMonkey

    FearMonkey Water Chip? Been There, Done That

    Oct 12, 2011
    Good or bad, I'm really looking forward to seeing how Fallout Online turns out. I hope I get into the beta too. :P
  16. your evil twin

    your evil twin It Wandered In From the Wastes

    Apr 29, 2006
    I'm skeptical as to whether interplay's Fallout Online will be any good, but I really want Interplay to win this case.

    It was patently obvious from day 1 that Bethesda were doing everything in their power to ruin Interplay's chances of making the game, and the absurd legal arguments which defy common sense show that they signed the contracts in bad faith.

    They get to decide whether the quality of Fallout Online is good enough, AND Fallout Online is not allowed to include anything Fallout-ish? Interplay is supposed to have the game "in full scale development", and yet Interplay is somehow supposed to recruit people to work on this project and find finance for it without revealing the nature of the project, and with all marketing being rejected by Bethesda?

    It looks like things are now going to be trial by jury, so unless Bethesda settles, I think Interplay will win. And they deserve to win. Because Bethesda's lawyers have done everything possible to reinforce the idea that they are a big bully trying to screw over the little guy. Whether Interplay kept up their end of the bargain will become irrelevant, as it will be painfully obvious that Bethesda tried to set Interplay up to fail.
  17. Crni Vuk

    Crni Vuk M4A3 Oldfag oTO Orderite

    Nov 25, 2008
    You know I always thought the best way to settle this would be to get them Beth and Iplay in the Thunderdome.

  18. Brother None

    Brother None This ghoul has seen it all
    Staff Member Admin Orderite

    Apr 3, 2003
    No, trial by jury has been denied earlier, as far as I know.

    And Interplay doesn't "deserve" to win, because it's patently obvious to anyone they don't actually have the financing that's contractually required. Bethesda is acting like an idiotic bully, but it's Interplay that is without much reasonable doubt in breach of contract. Bethesda is just too incompetent to prove it.
  19. Dork Mage

    Dork Mage First time out of the vault

    Oct 19, 2008
    Re: What Bethesda is facing

    I agree with BN that Interplay doesn't deserve to win this case, but part of contract law is good faith effort which Bethesda:

    clearly fails at while Interplay can presumably show good faith effort on producing FOOL.

    As I see it, in all likelyhood the judge will find both parties in breach of contract and rule that Interplay may continue FOOL development "in good faith" while Bethesda retains all rights to Fallout.

    Ofcourse Bethesda will appeal the ruling but Interplay will be permitted to continue with FOOL.
  20. UnidentifiedFlyingTard

    UnidentifiedFlyingTard Vault Fossil

    Mar 12, 2009
    I don't care if FOOL will be good or not I just want it to be done so all this bullshit will stop.