A U.S. District Court judge denied Bethesda's motion for a preliminary injunction against publisher Interplay this week over a dispute involving licensing for the popular Fallout
The ruling means that for the time being, Interplay will be able to continue selling Fallout Trilogy
, a bundle that includes 1997's Fallout
, 1998's Fallout 2
, and 2001's Fallout Tactics
, as well as the individual games themselves.
It also means that Interplay can continue to work on the Fallout
MMO, a work-in-progress dubbed Project V13
that can exist because of a licensing deal that Bethesda struck with Interplay. Bethesda bought the Fallout
property from Interplay in 2007 for $5.75 million.
A court order from U.S. District judge Deborah K. Chasanow, originally found by Fallout
fan website Duck and Cover and confirmed by Gamasutra, did not list reasons behind the ruling.
Bethesda filed suit against Interplay
earlier this year. Bethesda requested the court enjoin distribution of Interplay's Fallout Trilogy
pack, claiming that the bundle's packaging was not approved by Bethesda, and could confuse consumers into thinking the package included 2008's Bethesda-developed Fallout 3
Interplay originally created the original Fallout
, which still maintains a cult following, and the older games in the Fallout
series did see a sales benefit from the high visibility of Bethesda's Fallout 3
Bethesda's original complaint against Interplay also accused the company of breach of contract in regards to the Fallout
MMO. While Bethesda purchased the rights of the Fallout
franchise from Interplay in 2007 for $5.75 million, Bethesda in turn licensed the rights to make a Fallout MMO
back to Interplay.
But Bethesda claimed that Interplay fell short of its contractual obligations by allegedly not beginning full-scale production of the MMO on time, or raising sufficient funds within an agreed upon time frame. Bethesda is now trying to win back the rights of the Fallout
A rep for Bethesda did not have a comment ready as of press time, and Bethesda lawyers did not immediately return a phone call, although we will update this story with any new information. Attempts to contact Interplay were unsuccessful.