Fallout 3 developer and Fallout property owner Bethesda has filed a lawsuit against former owner Interplay to clarify that Interplay no longer holds any rights to the franchise.

Bethesda, which purchased the post-apocalyptic property from Interplay for $5.75 million, says Interplay never sought the necessary approval to re-release the original Fallout games at retail or via digital distribution, and no longer holds the Fallout MMO license.

Bethesda further claims that Interplay's unapproved re-releases of Fallout, Fallout 2 and Fallout Tactics: Brotherhood of Steel though the "Fallout Trilogy," "Fallout Collection" and "Saga Fallout" bundles are "confusingly similar to Fallout 3... Read more

Vendor of vintage video games GOG is celebrating its one-year anniversary with the spectacular offer of buy one, get one free on its catalogue of Interplay games.

Games up for download at $5.99 include such PC classics as Fallout, Fallout 2, MDK, Descent 1 & 2, Freespace 2, Giants: Citizen Kabuto, and Earthworm Jim 1 & 2.

As with all GOG games, they download straight from the website, require no DRM, and many also give soundtracks, avatars, desktop wallpapers and other such perks. This fine opportunity to relive the golden age of PC gaming ends at 23:59 EST on Tuesday.

CD Projekt's Good Old Games entered public beta on September 8, 2008, offering around thirty titles, then officially opened on October 23 with a forty-strong catalogue.

A number of older Interplay titles were added to the Steam store today, including the Black Isle classics Fallout and Fallout 2.

In addition to the Fallout collection--which packs in Fallout 1, 2 and Tactics for $20--Xatrix's shooter Kingpin and Shiny's RTS Sacrifice are also available, though the games are generally cheaper on GOG.

Interplay's annual performance report reveals that Bethesda plans to cancel the agreement allowing Interplay to make its Fallout MMO, No Mutants Allowed noticed.

When Fallout 3 developer Bethesda Softworks purchased the Fallout property from Interplay in April 2007, Interplay retained the right to make a Fallout MMO--on condition it raise at least $30 million in funding and enter scale development within 2 years.

Bethesda evidently does not believe Interplay has met these conditions, as the "Legal Proceedings" section of Interplay's Securities and Exchange Commission report shows:

Interplay recently received notice that Bethesda Softworks, LLC ("Bethesda") intends to terminate the trademark license agreement between Bethesda and Interplay which was entered into... Read more

Bulgarian developer Masthead Studios will be joining Interplay to work on the publisher's mysterious MMO codenamed Project V13, frequently rumoured to be a Fallout MMO.

The agreement will see Masthead co-developing Project V13 with Interplay's internal teams under Interplay's direction and control, and implementing tools and technology that Masthead created for Earthrise--a post-apocalyptic MMO due out later this year.

When Interplay sold the Fallout property to Fallout 3 develop Bethesda they retained the rights to create an MMO, assuming it could began development by April 2009. Unsubtle clues that Project V13 is indeed Fallout include this piece of concept art, by artist Natiq Aghayev, which references Fallout's own in-game brand of fizzy pop, Nuka Cola.

Jason Anderson--one of the original Fallout's original designers--had been working Project on V13 but left last month to develop a new RPG for developer inXile.

Interplay has relaunched its company website which notes, among other things, that the company's Fallout MMO is still in development.

Codenamed "Project V13", Interplay has opened an Orange County, CA office for development of the game. It has also hired Chris Taylor, who was part of the original Fallout team, to be the lead system designer for the new game. Taylor joins several other former Fallout development team members who had been hired by Interplay previously.

Though Interplay sold the rights to Fallout to Bethesda last year, it retained the possibility to develop an online Fallout game. Interplay does need to raise at least $30 million in funding for the project before April of 2009, and Bethesda is allowed to keep close tabs on development -- or the company loses the MMO license.

GameTap today announced an expanded partnership with Interplay to make several of the company's titles such as Fallout, MDK and Descent available via numerous digital distribution channels.

As part of the agreement, GameTap will feature the Interplay titles in its subscription-based play service, ad-supported website and sold directly via GameTap's online digital download store.

"This licensing deal is a good example of how Interplay is leveraging its library of intellectual properties," said Interplay CEO Herve Caen. "The company will continue to either reinvent some of those properties by developing them into new versions or sequels, or by partnering with an existing leader like GameTap, where the original titles can live on."

Interplay recently announced that it was planning sequels to a number of its franchises with as Earthworm Jim and MDK. The struggling studio was revived earlier last year by Bethesda's outright purchase of the Fallout franchise.

Publisher Interplay announced that it will partner with Earthworm Jim creator Doug TenNapel to create a new game, cartoon series, and feature film based on the classic franchise.

The announcement follows news that Interplay would be reviving its classic franchises. TenNapel will serve as a creative consultant for the sequel, currently titled Earthworm Jim 4, though no other details on the game were disclosed. The company added that TenNapel will be developing a new Earthworm Jim animated series and feature-length film.

In addition to Earthworm Jim, TenNapel also created The Neverhood (PC), a cult classic adventure title featuring claymation graphics and bizarre sense of humor, and its platformer follow-up Skullmonkeys (PSX).

Publisher Interplay has announced in its yearly earnings report that it is perusing development of sequels to some of its best-selling franchises, in addition to an MMO based on the Fallout series.

The company named Earthworm Jim, Dark Alliance, Descent, and MDK as properties that it will leverage for sequel development. According to Interplay, it has recently begun the process of hiring developers, with the goal of restarting in-house development.

Interplay recorded net income of $5.86 million last year, mainly due to the $5.75 million sale of the Fallout IP to Fallout 3 developer Bethesda.

The publisher also noted that it is still looking to secure funding for its Fallout MMO project. As part of its deal with Bethesda, Interplay must raise $30 million in funding and begin work on the MMO by April 2010.

Ailing game publisher Interplay's CEO announced plans today to restart the near-bankrupt company's internal development studios in preparation for the planned Fallout MMO. Additionally, the company has hired on former Fallout designer Jason Anderson as the creative director for a separate MMO project.

Interplay posted profits of $497,000 for the third quarter ending September 30, a 68.9% year-over-year decrease. Although Interplay has reported revenues for the entire year of $5.9 million, nearly the entirety of these funds come from selling the Fallout license to Bethesda Softworks for its reimagining of the franchise for the studio's upcoming Fallout 3 (PC, PS3, X360).

According to the publisher's financial report, it's currently working on getting funding for its Fallout MMO, which Bethesda has allowed Interplay to develop if certain conditions are met. The agreement requires Interplay to secure $30 million in funding and start work on the title within three years from this past April.

In an SEC filing Tuesday, enfeebled publisher Interplay reported its second quarter fiscal year 2008 results, detailing a net income of $5.46 million for the quarter due mainly to the sale of the Fallout license to Bethesda Softworks. The company also stated its continued imperative of developing an MMO based on the Fallout license through a special agreement with Bethesda.

"The Company is focused on securing funding for development of a Massively Multiplayer Online Game (MMOG) based on the popular Fallout franchise," Interplay CEO Herve Caen wrote in the filing. "Along with its strategy of leveraging its existing portfolio of intellectual gaming properties, the Company intends that Fallout MMOG will play a key roll (sic) in the future of the Company."

Interplay received $4 million from Bethesda during the second quarter for the Fallout license and will receive the remaining $1.75 million... Read more

Following Bethesda Softworks' 2004 announcement that it had licensed the rights from Fallout property holder Interplay to develop Fallout 3, reports filed with the SEC this week reveal that Bethesda has now signed a deal with Interplay to acquire the entire Fallout property. The $5.75 million sale of "all of [Interplay's] rights to the IP" was formalized on April 4 and went into effect on April 9, as described in the document filed on Thursday. Payment is being made in installments, with Bethesda set to have fulfilled its financial obligations by the third quarter of this year. (Thanks NMA)

Ailing firm Interplay has published every previously released game in the famed Black Isle-created RPG franchise, and was slated to develop its own third main game in the series before the project fell through and the rights licensed to Bethesda. Last December, Interplay formally outlined its plans to develop a $75 million Fallout MMO, the rights to which it had retained when the 2004 Bethesda agreement was signed. With Bethesda becoming the sole owner of the Fallout IP, Interplay negotiated the exclusive rights to create a Fallout MMO as part of this week's sale. Now, however, the reversed relationship between the two companies gives Bethesda greater leverage in Interplay's handling of the property.

Bethesda has also established a comprehensive set of quality control and schedule-related requirements. Interplay may not sublicense any part of MMO development without Bethesda's approval. The MMO "must meet or exceed such quality standards as may be set by Bethesda from time to time" in order for Interplay to remain in good standing, and Bethesda has the right to inspect Interplay's offices and development progress at any time during normal business hours provided two days' notice is given. Furthermore, Interplay must enter "full-scale" development of the MMO with a minimum of $30 million in funding by two years from the signing of the agreement, or it immediately forfeits its rights to the license. The company must launch the game in North America and Europe within four years of that development commencement date, with the potential for a one-year extension if development is progressing adequately, giving the game a final release date limit of April 9, 2014.

In return for granting Interplay the MMO rights, Bethesda will receive royalties of 12% of sales, subscription fees, or other revenue generated by the game.

For more on Bethesda's handling of its own Fallout 3 project, check out our prior interview with Bethesda's Pete Hines.

Shacknews has sent further inquiries to Bethesda regarding this week's deal.

Update: Shacknews has been contacted by Bethesda's Pete Hines, who described the deal as one that was a natural continuation of Bethesda's existing Fallout license and not one that will have any impact on Bethesda's development plans. "This transaction merely transfers some remaining property rights of Interplay in the Fallout brand to Bethesda," he said. "It doesn't have any effect on us. We are going forward with all our previous plans concerning the Fallout franchise."

As for the catalyst behind the move, Hines noted simply, "A decision was made by management to purchase the remaining property rights to Fallout that we didn't already control when that opportunity was presented to us."

Just a few days after the publisher was shut down by California labor inspectors, Interplay is back open reports GameSpot. The company got the required workers' compensation insurance, and so employees are allowed to work again. However, from France comes the news that Titus Interactive filed for bankruptcy. Titus is a majority shareholder in Interplay, though CEO Herve Caen says the bankruptcy "doesn't affect us in any way, shape or form"...

GameSpot is reporting today that publisher Interplay has been shut down by the State of California. Just yesterday CEO Herve Caen said the company was still around even though there were persistent rumors claiming otherwise. But California labor investigators who recently paid a visit to the company found that employees lacked workers' compensation insurance, and some had not been paid in over a month. This has forced the company to shut down for the time being.

As a penalty for its infractions, Interplay was fined $1,000 for each employee on the payroll for a total of $79,000. This sum is in addition to the $179,000 it already owes the state in back taxes and the $432,000 in unpaid rent it owes its landlord, Arden Realty, who is reportedly on the verge of evicting the company. In addition, it is being sued for $156,000 in back Baldur's Gate royalties by BioWare. As of part of its mid-April financial statements, Interplay declared it only had $1.2 million in cash on hand.

Interplay CEO Caen is also quoted in the new GameSpot article, denying that the company was shut down and saying the state is just not allowing his employees to work.

Something we missed during earlier Interplay news is that the company also announced that they plan to publish Fallout 3. Adding that the game is not actively being developed right now, Interplay is looking for an external studio to work on it. If the company will ever get around to publishing it remains to be seen though as they are in a grave financial situation.

Some bad mojo for the Interplay folks today. They have announced today that they are getting delisted from the Nasdaq SmallCap Market. This means they havent been rolling in the cash moneys like they used to.

The company has until October 23, 2002 to request a review of the decision by the Nasdaq Listing and Hearing Review Council. The company is considering whether to seek a review.

Interplay published a few things you probably heard of, Baldur's Gate / 2, Icewind Dale / 2, MDK / 2, Sacrifice, Messiah, Planescape: Torment, Fallout / 2. Heard of those? They were also the parent company of Shiny and Black Isle Studios. Of course the Shiny situation changed with that whole MS & Matrix deal a little while ago.

Blues News received a press release from BioWare, indicating that the Canadian game developer has ended its ties with Interplay due to breach of contract by the publisher. This does not effect development of Neverwinter Nights and Star Wars Knights of the Old Republic.

Interplay Strikes Back is a news story on EuroGamer, following up on their story from yesterday about Interplay being shut down as a publisher by Titus and Vivendi publishing Interplay titles. It turns out that this publishing deal was actually signed by Interplay and not Titus. Titus owns 51% of Interplay, but is not in control of the company until they elect a new board of directors. So in the mean time, Interplay is trying to make Titus' welcome as unpleasant as possible. Which is why Titus already announced that Interplay marketing and distribution staff were being laid off.

Obviously not content with this spoiling move, our sources are now reporting that Interplay has filed to say that its shareholders want the company wound up! This could mean that when Titus gets hold of the reins in September the company will already be in Chapter 11 receivership. Somebody at Interplay obviously doesn't like the fox...

Eurogamer is reporting that Titus has announced their plans to close down Interplay's publishing duties, and instead make the company their American development house. Also in this announcement is the news that all of Interplay's future titles will be published through Vivendi Universal, the company formerly known as Havas Interactive. Although it's not named specifically, Sierra will most likely wind up as the publisher for Interplay's games, as they recently signed a similar deal with Fox Interactive. Nothing is stated as to what, if any effect this will have on titles Interplay was set to publish but did not develop internally (such as Neverwinter Nights), or Interplay subsidiary Shiny's ultra-expensive Matrix game that's being bankrolled by Microsoft.

The Register is reporting that the French company Titus has taken a 51% stake in US publisher Interplay. Thanks Zoesch. There were already rumors back in May that was someone was interested in the publisher best known for its RPGs like the Fallout and Baldurs Gate series. Several other French publishers were already active in the US, such as Infogrames (buying GT Publishing) and Vivendi (Sierra).