Following the announcement of a settlement between Bethesda and Interplay, the former’s parent company Zenimax Media has announced that all rights for an MMO based on the Fallout license have now reverted back to Bethesda Softworks. Interplay will receive $2 million in consideration from Bethesda, but will be tasked with paying for all of their own legal fees. Interplay will retain the rights to sell the first three games in the post-apocalyptic RPG series (Fallout, Fallout 2, Fallout Tactics) until the end of 2013.
“While we strongly believe in the merits of our suits, we are pleased to avoid the distraction and expense of litigation while completely resolving all claims to the Fallout IP.” reacted Zenimax Chairman and CEO Robert Altman, “Fallout is an important property of ZeniMax and we are now able to develop future Fallout titles for our fans without third party involvement or the overhang of others’ legal claims.”
Bethesda Softworks LLC v. Interplay Entertainment Corp. originated after the latter failed to meet the predetermined production requirements for Fallout Online after selling the rights to the IP to Bethesda in 2007. Interplay would win the right to distribute the original Fallout trilogy via injunction in late 2009. Bethesda’s appeal of a restraining order against Interplay’s co-developer on Fallout Online, Masthead Studios, would be rejected in September of 2011.