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Davis LLP Web Logs or "Blogs" are intended to provide general comments on developments in the law. They are not intended to be a comprehensive review nor are they intended to provide legal advice. Readers should not act on information in the blogs without seeking specific advice on the particular matter. Please contact a lawyer listed on the blog pages for additional details, or to discuss how blog information is relevant to a specific situation.

Video Game Law Blog

Messy Fallout

Interplay Entertainment Corporation ("Interplay") has reportedly obtained a ten day extension to answer a preliminary injunction filed by Bethesda Softworks LLC ("Bethesda") in a court battle involving its licensing agreement with Bethesda for the rights to Fallout 3, Fallout 4 and Fallout 5. According to Gamepolitics.com, Bethesda is contesting the fact that Interplay sold the original Fallout games after the release of Fallout 3, while Interplay claims that it retained the rights on the previous Fallout games when it contracted out the rights to the subsequent Fallout games to Bethesda. It is also reported that Interplay is countersuing Bethesda over statements that it allegedly made to third parties which were harmful to Interplay's business. According to the Raging Bull forum, Interplay is also claiming that Bethesda is in breach of the contract, thus making it null and void, and that said breach of contract means that Interplay owns the franchise again. Interplay allegedly is also arguing that instead of owing Bethesda royalties for the upcoming Fallout MMORPG, Bethesda should pay Interplay royalties for Fallout 3 and damages for the injury it has caused to Interplay's name. Further developments will surely follow upon expiry of the aforementioned ten day extension.

Coverage at Gamepolitics.com