More posts deleted. Members are reminded that this thread is closely watched. If previous instructions to remain on topic and civil are not followed, there will be no further discussion of the topic. Capisce?

Yeah, about 10% of the posts that have been made in this discussion (including the original thread) have been deleted. That's a lot. Many other posts are still here but we have edited parts out. Some removals have simply been rather off topic, but most have been hostile, trollish, or otherwise problematic.

We'd really prefer to keep this discussion open, but despite an active moderator presence and constant posted reminders to abide by the rules we've still had all of these problems. If the thread continues this way it just isn't worth keeping open, and if it is locked we will not be allowing new threads on the subject for the foreseeable future.

For the most part we've held back from issuing warnings, but speaking for myself at this point I will be warning anyone whose post I have to remove. This includes any discussion of whether you prefer Fallout 3 to the original games or vice versa, and any other gameplay discussion, as it has no bearing on these lawsuits.

I look at it, and I see it as breach because they did not raise the money (though I find it amazing that they were assumed to be able to, and entered into agreement with in the first place. This outcome was predictable, and had to have been by some that were involved).

I also agree that it was very likely deliberate repackaging to exploit the "buzz" of Fallout 3. To me, "Fallout Trilogy" would automatically mean FO1, 2 & Tactics, but to someone that had heard from a friend about a game they saw on X-Play called Fallout 3... They might ~Might, be the kind that would buy "Fallout Trilogy" assuming it had FO3 in it (but it is a bit naive considering the bundle costs less than most retail games, and that FO3 is a known current title that would not be bundled for a long time yet). That they did not submit the packaging for proofing is their own fault, and makes it a double breach.

Interplay does seem to be in the wrong on all counts ~but it also seems like they signed the "dummy contract".

Agreed with Gizmo on all counts.

Like I said before, I think it's time to buy the previous games if you haven't already. I'm not sure if the rights of distributing the previous games will end up in limbo.

Yeah, given Interplay's financial problems it made a lot of sense to include those requirements, but I'm curious if it was something Interplay honestly expected they could accomplish. Even if there hadn't been a financial melt down ~16 months after signing the agreement I really doubt they could have found the funding they needed and gotten the developement under way.

I'm surprised they didn't try selling more of their IPs . . . or maybe they did and there were no takers. I realize their IPs were the only real asset they had left but if they had managed to sell half of them perhaps they could have actually gotten to the point where they could use the other half.

[quote name='Hungry Donner' post='15062066' date='Sep 13 2009, 11:09 PM']I'm surprised they didn't try selling more of their IPs . . . or maybe they did and there were no takers. I realize their IPs were the only real asset they had left but if they had managed to sell half of them perhaps they could have actually gotten to the point where they could use the other half.[/quote]I'm pretty sure they have been selling some... I've read posts that say they still own Redneck Rampage (and GOG is selling it, so maybe they do), but I'm positive that I read somewhere (about 5 years back) that Redneck was sold for $400,000.


But you're right... I wonder why they didn't sell a few recently? I can see a market for an Earthworm Jim game done 3D TPP MDK style using a modern DX9 engine.

Wow, if they sold anything I wouldn't have expected Redneck Rampage


Yeah, and it would do quite well on handhelds as well.

I saw on a couple earlier posts that Bethesda bought the rights to Fallout 3,4,and 5. I'm curious does that mean that the series is only licensed to number 5 so far or what.. I'm assuming that Beth can continue the series as far as they desire but I'm wondering why I've been seeing it only mentioned to #5 so far..

On topic I hope they get everything resolved to the satisfaction of both parties, at least as much as can be expected in a situation like this, it is rather unfortunate...

From what I've read (meaning as far as I know...), Bethesda Licensed Fallout 3,4 & 5 initially, but then went back and bought the IP outright. So I assume they now can do whatever they wish with it
~and have.

I see, that makes sense.. I hope the series goes for a while and continues to get better

thanks for the info

Wait...what? When did Redneck Rampage become such a demaded IP? The only company I could imagine paying money for it would be http://www.runningwithscissors.com/. It would totally be their style of game.

Doesn't matter really, I can't see anyone these days doing it justice.
(Nor Shadow warrior and/or Blood either )

Well, whatever the case may be, I hope they still continue to sell classic fallout. Whoever may sell it, that is a mystery.

Because creating a game takes people. Creating a polished game that will actually turn a decent profit takes more people, and talented ones at that. And those cost money. Money that Interplay doesn't have. It's hard to hire people when you can't even afford to pay them for 2 months, much less 2 years.

When you have established companies in full production hiring people every day, it's not a hard choice. Go somewhere that you may wind up jobless in a month and never receive a single paycheck.. or go work for Blizzard and be part of AAA titles that sell billions.

Or just go work for a viable game company. No need to think of "AAA" (yeah, there's a load of crap) title producing companies as the grail.

Er, which is why we were wondering why Interplay hadn't sold more of its IPs, as that would get them money with which to hire people. The Earthworm Jim IP is probably particularly lucrative, and Decent was a very popular series in its day. I can understand Interplay not wanting to loose all of its best IPs but, as with Fallout, it probably needs to sell a few in order to have the resources to utilize the rest.

Bringing this more in line with the topic, and to reiterate an earlier point, given Interplay's financial position it seems unlikely they could have ever lined up the money they needed to make a Fallout MMO. This isn't simply a factor in their licensing agreement, but if they didn't have any money then (as you say) they wouldn't have the resources to develop the game.

When Interplay couldn't find a financial backer I'm surprised they didn't consider selling some of their IPs. They wouldn't have been able to get everything they needed but with a stronger foundation they may have been able to attract the rest.

Perhaps the IPs aren't worth nearly as much as people assume? You may think Earthworm Jim is great and all, but that doesn't mean someone will pay millions for the right to use it.

I played the demo of Earthworm Jim, it wasn't my sort of game, and I've never seen the TV series.

However if they get a few hundred thousand dollars for Redneck Rampage, which had three moderately successful games, then they can presumably get even more money for a more successful series like Descent. Earthworm Jim was not only very successful as a game series, but also resulted in a TV series, so I imagine it's the most valuable IP they have at the moment. It wouldn't even surprise me if it was worth more than Fallout was.

So perhaps they aren't even able to sell it. Maybe it's tied up with other contracts? I guess that wouldn't stop them though.

Or maybe they are just not smart. You'd think if you *could* sell everything to make an awesome MMO that would be successful then you would.. so either 1) the IPs aren't valuable enough to put a dent in what is required for the MMO or 2) they are just really really bad at business... which is why it baffles me that people would defend them breaching contracts because a shadow of their name was on a game they liked 10 years ago.

A sale of IPs would have had two benefits for Interplay, they'd have had money to make a game, and no IPs with which to rehash old games, as has been their business practice from the off. Have they released a single title that's stood alone without many sequels? Excluding where license restrictions meant that they couldn't? Battle Chess?

Interplay doesn't have a real development studio anymore, it's pretty much just a basemant operation. They would have to pull off some major indie stunt to be even considered game developers again. However I don't see that happening, considering that a bunch of their current "staff" consists of P&P and boardgame vets, who might have decent game design skills but the programming abilities of a monkey.

Earthworm Jim's secret is that at the time there weren't any (or many) good Windows Based Games. Everything (including EWJ) used DOS for performance. Earthworm Jim [for windows] was one of the first, and was practically begged for to jump start Windows 95 as a gaming platform.

I think Wideload made Stubbs the Zombie with a dev team of below twenty. I read how it went over at Gamasutra. They used outsourced concept artists and the like to cut costs, and got experts on the Halo engine in to work beside and teach those who weren't so proficient in its use, to save money. Of course they had the backing and support of a publisher but.. meh. Given a small team you could work on some Arcade for 360 downloads to get your name back in circulation, whilst you're still trying like mad to gather funds for the impossible. The only thing circulating Interplay's name at the moment is negative press. If they pull a win out of this it'll be the turnaround of the ages.

I believe someone has the license for Earthworm Jim 4 so selling the IP would be complicated - although I don't think they'd do that unless they were forced, it's probably the license Interplay is most likely to hold on to.

As for their other IPs, the sale of Redneck Rampage might suggest that Interplay has been trying to sell some of them . . . or it's possible that they've been trying told hold on to them and someone showed up with an offer. :shrug:


I don't think they could have sold all of their IPs to make the $30 million they needed for the Fallout MMO license. However the more money they had the more stable they would be financially, and therefore the more likely someone would be willing to back them financially. It's a lot easier for a company with $10 million and a strong foundation to ask for $20 than it is for a company with next to nothing to ask for total backing of their project.


Actually Interplay has been working on some dinosaur game for the DS, which is pretty much on par with Arcade games for the 360. So some part of Interplay had the same idea at least.

And you're right about needing a win like this to start generating positive press about their name. The Interplay brand isn't worth much if people only associate it with bankruptcy.

Interplay's always been making dumb business decisions. It's like they didn't read the contract. My only question is why Bethesda cares enough to start up a lawsuit. I've heard they're not asking for money, just an injunction, so they're not trying to get money from it. They're claiming the sales of the Fallout originals hurts Fallout 3 sales, but most people either buy Fallout 3 first, then the originals, or would never buy Fallout 3 anyway, cause they're old-school RPG fans. The Fallout Trilogy thing is obviously misleading, but most people would read the package before buying the game, and it's only available for the PC anyway.

I'm unclear on the exact guidelines of their deal though - would Bethesda have gotten money from Interplay for the sale of the originals if Interplay had followed the deal? The first post leads me think Interplay just had to submit their materials for approval first, implying Bethesda wouldn't get any of the money anyway.

Or is this some big Bethesda conspiracy to prevent sales of the original Fallouts. I don't really believe this, but I can think ulterior motives: GoG, Steam, etc. are keeping the old IP alive and easily working on new machines, reminding people of what Fallout existed as before Bethesda. Or maybe it's because they don't want NMA, etc. to grow or something. Maybe they just want to solidify control over