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.
Well the Fallout MMO license is a valuable asset. I don't imagine Zenimax has plans to use it internally - Zenimax Online Studios is already working on a project. It also seems unlikely that they'd license it out to someone else - if the game did poorly it would hurt the Fallout brand and if it did well it could become a competitor for ZOS's own project. Even if they aren't planning to use it they do need to protect their assets. If they don't they could set a precedent that one can use Bethesda assets without permission - it's unlikely but not something any company wants to see happen.
As for the second lawsuit, that one I have a harder time speculating on, although if they're going to sue Interplay for breaking their contract it really makes sense to go after everything they've broken. It would be odd not to.
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
I'm pretty sure Bethesda didn't get a cut of original Fallout sales. I suppose it's possible that they could have negotiated for a cut of future sales (If you want to release these games on Steam we get 10%) but the contractual information we've gotten doesn't suggest that to me.
I also don't think Bethesda is trying to keep the original games off the shelves. As I've mentioned before I'm pretty sure the sales of any Fallout product works in Bethesda's favor, particularly with New Vegas being released next year.
While there are probably secondary objectives I think the primary issue here is the simple breach of contract.
Stable and solid foundation implies a positive outlook for the future.. I'd say Interplay is anything but, even in their heyday. Selling some IPs would give them some money and let them pay off some debt, but even crack addicts that win the lottery go broke pretty quickly. I wouldn't call that stable.
That's fair enough.
To be honest I don't know why Herve Caen hasn't liquidated the entire company. Trying to build it back from the ground up was an unlikely scenerio and since its only real value were it's IPs and brand name why not sell those off and start fresh?