No Mutants Allowed

Per · Posted: Thu Apr 12, 2007 21:12 Post subject: Fallout license changes hands

As of April 9th, 2007, the Fallout IP is no longer in the hands of Interplay, but has been sold to Bethesda Softworks for the sum of $5,750,000 as can be read in this 8-K report filed today. The meat of the statement is as follows:

As of April 4, 2007, the Company entered into, an Asset Purchase Agreement (the "APA") and a Trademark License Agreement (the "License Back") with Bethesda Softworks LLC, a video game developer and publisher ("Bethesda"), regarding "FALLOUT", an intellectual property which was owned by the Company (the "IP"). Although such agreements were signed on April 4, 2007 they were agreed not to be binding until closing which occurred on April 9, 2007.

Under the APA, the Company sold all of its rights to the IP to Bethesda for a total amount of $5,750,000.00 payable to the Company, subject to various conditions, in three cash installments. The first installment of $2,000,000.00 was paid following closing when $200,000.00 was paid to the Company and $1,800,000.00 was deposited into an escrow account to satisfy various liabilities. The Company expects to have fulfilled its obligations under the APA and to receive full payment during the third quarter of 2007. The Company had previously, on June 29, 2004, entered into, an exclusive licensing agreement with Bethesda, regarding the IP which was superseded by the APA.

Under the License Back the Company obtained an exclusive license, under certain conditions, to use the IP for the purpose of developing an Interplay branded Fallout Massively Multiplayer Online Game ("MMOG").

Interplay pledges to obtain funding for and start the development of the MMOG within two years and to successfully launch it within six (which entails securing the continual patronage of a minimum of 10,000 paying subscribers), or else forfeit this license. Some additional excerpts:

2.6 RESERVATION OF RIGHTS. Any and all rights not explicitly granted to Interplay hereunder are reserved by Bethesda.

5.3.2 Interplay shall not offer or provide any products or services whose nature or quality does not comply with the quality standards of Bethesda.

7.0 PAYMENT OF ROYALTIES. Interplay agrees to pay Bethesda a Royalty of twelve percent (12%) of the Net Cash Receipts derived from the sale and distribution of the FALLOUT MMOG, including sales of subscription fees or access fees to the FALLOUT MMOG or any other revenues generated by the FALLOUT MMOG, in the Territory during each calendar quarter following the commercial launch of the FALLOUT MMOG.

Thus Fallout takes another step in its desert walk away from the vault doors of Interplay, but for now, the separation remains incomplete.

Link: The Trademark License Agreement

Thanks to troybilt and Briosafreak.
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Briosafreak · Posted: Thu Apr 12, 2007 21:20 Post subject:

Good work Per.

This is definite, the Fallout IP and assets are now 100% property of Bethsoft, Interplay moved to the role of "licensee", instead of owning the property.

Herve will still hold to the MMORPG dream for a while, he's funny...

13pm · Posted: Thu Apr 12, 2007 21:22 Post subject:

heh.. like there was no Interplay doing Fallout at all, like they've bought a license to do FOOL from Beth.

My instincts tell me that it'll end in selling the rights for FOOL to Bethesda too..

DarkPhilly · Posted: Thu Apr 12, 2007 21:36 Post subject:

Great now they can do whatever they like with the license. Well Even moreso now since I-Play held it. Lets see what transpires.

radnan · Posted: Thu Apr 12, 2007 21:53 Post subject:

Herve probably dreams of settling the bankruptcy through hiring/fooling someone to do FOOL and settle things from the constant imaginary cash flow.

Btw does interplay own any other franchises that could be of value ? i'm asking this because that would be the only reason to keep interplay up if they settle their debts.

As for Beth it will be all up to FO3 ... which will probably suck .. and because they are devs they'll continue using the license and not outsource production which is in my opinion not a hell of a lot better off since with Interplay there was at least the chance that the right devs couldve been rehired to do it.

My 2c. Thank you.
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keyser Soeze · Posted: Thu Apr 12, 2007 22:16 Post subject:

octotron · Posted: Thu Apr 12, 2007 22:20 Post subject:

My concern is how hard Bethesda will crack down on independent efforts that have gone ignored by Interplay. Couldn't they make alot of trouble for a number of fan-made projects?
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Per · Posted: Thu Apr 12, 2007 22:48 Post subject:

sanyok21 · Posted: Fri Apr 13, 2007 0:02 Post subject:

Anyone thinks this clue to a soon-to-be-announced Fallout 3?

radnan · Posted: Fri Apr 13, 2007 0:04 Post subject:

A question from me: How and to what extent are the old assets in the possesion of Beth? (such as software & artwork from FO1 & 2) Do they have the rights for the Name and Trademarks or are they in possesion of everything interplay "owned" ...

i'm sorry if the question is stupid but i'm a bit confused as to what FO1 &2 s status is now as software products and not just trademarks
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A teen skater takes a crackpot's DeLorean back to 1955, where he fends off his lustful future mom (1985) ***1/2

Cimmerian Nights · Posted: Fri Apr 13, 2007 0:08 Post subject:

Too bad good design and creative writing can't be licensed too.

Brother None · Posted: Fri Apr 13, 2007 0:43 Post subject:

Great news! Thumbs up

radnan · Posted: Fri Apr 13, 2007 0:57 Post subject:

thanks i didnt know about that page. it was an intresting read (especially about assets owned by Obsidian)
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A teen skater takes a crackpot's DeLorean back to 1955, where he fends off his lustful future mom (1985) ***1/2

Dracon M'Alkir · Posted: Fri Apr 13, 2007 1:02 Post subject:

With this news, I officially believe that Interplay is now dead.

Their chances of Fallout Online being a success are very slim, and with Bethesda now retaining complete ownership over Fallout 3, Interplay is done for.

The next question is: Will he even manage to pay off his debts with the money that he recieved from Bethesda? Embarassed

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taxacaria · Posted: Fri Apr 13, 2007 1:09 Post subject:

Jarf · Posted: Fri Apr 13, 2007 1:41 Post subject:

On the bright side, it means Fallout isn't dead.

And you never know. Bethesda might just produce a quality Fallout based RPG. Maybe.

As for Interplay, I see this as the definitive demise of them. Even if they do release a MMO Fallout game I won't be taking part. Paying monthly to play a video game isn't my cup of tea at all.

Hotel California · Posted: Fri Apr 13, 2007 2:19 Post subject:

The only question is ... Now Beth owns the IP rights are they going to ask us to stop modding the original games in case it hurts their sales.

Or are we just small fry. They don't seemed to have listened that closely to us previously.
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Goweigus · Posted: Fri Apr 13, 2007 2:28 Post subject:

Montez · Posted: Fri Apr 13, 2007 2:33 Post subject:

zioburosky13 · Posted: Fri Apr 13, 2007 2:56 Post subject:

Most game sequel that's not developed by its original maker has the potential of being a POS product. Dark Messiah of Might and Magic, X-com: Enforcer, Heroes of Might and Magic 4.... mmm...what else?

So we can assume the next Fallout sequel develops by the same people who ruined their company's original IP (TES...), 90% chances of the game can be a coup de grâce to every hardcore Fallout fan.

For now, my hope for a hardcore CRPG lies in the hand of some indie developer 8)
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