Bethesda Reclaims Fallout Online Rights

 

Bethesda Softworks may have lost its case against Mojang AB, but its legal battle with Interplay Entertainment wasn’t so ill-fated. ZeniMax Media Inc., Bethesda’s parent company, announced today that Bethesda had won back the rights to develop a Fallout-based MMO.

 

The case ended in a settlement that voided Bethesda’s license agreement with Interplay. ZeniMax will pay Interplay $2 million as “consideration,” though both studios will pay their respective legal fees.

 

Litigation began in 2009, almost two years after Bethesda conditionally licensed Interplay the trademark rights to develop a Fallout MMO, provided Interplay acquired $30 million in financing and commenced full-scale development by April 2009. Bethesda’s complaint stated that Interplay failed to meet either requirement but refused to surrender the rights.

 

It could be a long time before Fallout goes online.

 

Under the terms of the settlement, Interplay loses all rights to the Fallout brand for use in any future content, although it can continue to sell Fallout: Brotherhood of Steel, Fallout and Fallout 2 through Dec., 2013.

 

“While we strongly believe in the merits of our suits, we are pleased to avoid the distraction and expense of litigation while completely resolving all claims to the Fallout IP,” said Robert Altman, Chairman and CEO of ZeniMax. “Fallout is an important property of ZeniMax and we are now able to develop future Fallout titles for our fans without third party involvement or the overhang of others’ legal claims.”

 

What this means for the future of the Fallout Online remains to be seen, but the likelihood of a near-future release is slim.