Bethesda’s Appeal Over Fallout MMO Case Rejected

Bethesda has had its appeal denied in the ongoing case against Interplay’s Fallout MMO.

The case against Interplay was first brought to court by Bethesda after they claimed that Interplay had sub licensed the game rights to outside partners, in this case Masthead Studios. Bethesda had looked to get a temporary injuction against Masthead Studios but the judge denied the injunction as Masthead was not given enough time to put together a defence. The recent court case was to appeal that judge’s decision.


According to court documents, Bethesda believed that the “district court abused its discretion and misapplied the law in concluding that Bethesda failed to establish a likelihood of irreparable harm.”

Bethesda had given rights to Interplay back in 2007 to create a Fallout MMO on condition that Interplay start full development with at least $30 million within two years. Bethesda believes that this condition was not met. Bethesda looked to stop production on the Fallout MMO until all these concerns had been addressed.

This isn’t the only legal battle Bethesda is engaged in, with Mojang being another target over the “Scrolls” trademark.




  1. Leave the little guys alone… please

  2. They do like their court appeals. Even if they have lost them all. Need new lawyers maybe?

  3. The final result of these big lawsuits is that it just hurts the consumers! ive been a Fallout fan from the beginning and from when the MMO was first announced ive been hugely anticipating it. It will probably just get cancelled or end up being a half-arsed attempt. what a shame…

    • I’d live there to be an MMO, the variety would be immense! Such as joining the brotherhood of steel, or becoming a merchant, mercenary, vault overseer.. A goul even!

      • love* not live.

      • It would be amazing, although probably quite like the games already..? Your typo might actually be more accurate, I’d probably end up living it.. just like I did Fallout 3.. :P

  4. To be fair, i can see where Bethesade is coming from. I mean, there has been very little news on FOOL. For all we know, it could still be in the planning stages. If so then Interplay should have asked for an extention but on the other hand, Bethesade’s lawyers are becoming a bit sue happy.

    • Out of interest, why do you always call them Bethasade? I thought it was a typo at first, but i have noticed that you do it every time.

      Is it a pet name or something? Is there a joke i have missed?

      • I for some odd reason can’t seem to be able to type their name correctly.

      • Fair enough – Quite quirky i suppose! :D

        I just wondered if there was an actual reason behind it (i.e. it was done on purpose) or if in fact you hadn’t realised that you had done it (which seems to be more the case).

        Carry on…

    • Yeah, the recent lawsuit with Mojang is pretty ridiculous.

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