Court denies Bethesda preliminary injunction, again

Surf Solar said:
I'm feeling very stupid (maybe it's due to it not being in my motherlanguage) for not "getting" a single thing which happens there aside from "Lawyers gonna Lawyer". :/

Bethesda has requested the court order Interplay to cease production on FOOL (which is called a preliminary injunction) twice, and both times has been denied (on the basis of the production of FOOL not doing Bethesda any material harm and their case not being a guaranteed win). Now they put in exactly the same request, but for Masthead, which isn't even in US jurisdiction so I'm not sure how that works, and the judge got annoyed.
 
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Nephilim77 said:
Brother None said:
Nephilim77 said:
On a serious note: anyone with a knowledge of the american legal system; can these kinds of more or less frivolous injunctions continue indefinetely?

No. The court already dismissed some of Bethesda's stuff as frivolous. Inevitably they'll start slapping down fines if you keep it up.

Thanks BN. For some reason I find that to be oddly satisfying. Maybe I can´t help touting for the little guy, even if they are, in this case, douchebags.
Wait what? Since when were Interplay douchebags? What did I miss?

From what I know about all the back and fourth, Bethesda are worthless spineless [expletive(s), plural] that only care about profit. They don't deserve to win anything as far as I'm concerned. In fact it would be great to see them write a Sorry We're Assholes blog or something.

But that won't happen, because people are people. QED...
 
The jaw-dropper here is that Beth even tried to get a TRO.

Temporary protective orders (including restraining orders) are generally for time sensitive emergency situations. They are called "ex parte" proceedings because the opposing party is not in front of the judge to defend (usually for safety or out of urgency).

Primarily, you will see TPOs in cases of domestic violence, child custody, stalkers, etc., and NOT in an ongoing IP case where nothing is imminently reaching the market or on the cusp of damaging your brand. The injunctions were appropriate devices for this situation and once denied, the issue should not have been resurrected.

If those earlier claims were actually ruled frivolous (not just unpersuasive), Interplay themselves probably could move for sanctions (see Rule 11 of the Federal Rules of Civil Procedure) rather than wait for the court's own initiative.

The courts rarely do it on their own because they first have to issue a "show cause" order to make the offending party explain their actions. These often require an extra hearing and added delay.

As Brother None pointed out, Interplay might not want to draw attention to the merits of its financing claims. It's possible they would rather watch Beth shoot itself in the foot than push them in the right direction by contesting every bad tactic.
 
Brother None said:
Apparently you missed all of Interplay's post-Titus years. They're not very popular here.

Now, to be fair, drinking until one forgets those years is something I could see someone doing.
 
Don't know what Titus is. Generally I avoid all forms of news media because I don't like being reminded of what a colossal failure humans are.
 
(Edit: Titus description was wrong). The only things Interplay of old has in common with Interplay now are some IPs that weren't sold and a logo.

This isn't really good guy vs. bad guy. As a quick review: Interplay produced the mediocre Fallout Tactics, the abomination that is Fallout: Brotherhood of Steel, and canceled Fallout 3 (Van Buren).

Despite Bethesda's handling of the subject matter, I doubt Interplay would do any better. At least with Beth we got New Vegas.
 
Sduibek said:
Don't know what Titus is.

Titus is a French gaming company that never produced anything noteworthy except for what is generally considered to be one of the worst games of all time. After Interplay founder Brian Fargo had kind of mismanaged the company into the ground, Titus (Herve Caen) ousted him and drove it further into the ground, most noticeably by canceling Van Buren in favor of Fallout:BoS 2, and making BoS in the first place.

The old Interplay, the one that produced Fallout to begin with, has been gone for some time now.
 
I still hope it was just all a bad dream and I am waking up any moment playing Fallout 1 with a Fallout 2 sequel in the works and a good future for Fallout 3.

Though if you believe in the Parallel universe theory there is sure one universe where people got a true Fallout 3 game by Interplay.
 
Brother None said:
The old Interplay, the one that produced Fallout to begin with, has been gone for some time now.
:(

Thanks all for the info though, I didn't realize that. Sigh. Well goes to show, just because someone can design amazing games that create a legacy, doesn't mean they know how to run/manage a business. A similar story has happened with other designers.
 
I completed a preliminary injunction with your mom last night.

I wonder if these ridiculous legal actions would be the same, were Bethesda not a USA-based company...
 
Sduibek said:
I completed a preliminary injunction with your mom last night.

I wonder if these ridiculous legal actions would be the same, were Bethesda not a USA-based company...

Presumably yes, because Beth's lawyers are trying crush Interplay with procedure, but using the wrong procedures. Probably doesn't matter what legal system you use if you're not trying to win on the merits of your claim.
 
ReedTFM said:
Sduibek said:
I completed a preliminary injunction with your mom last night.

I wonder if these ridiculous legal actions would be the same, were Bethesda not a USA-based company...

Presumably yes, because Beth's lawyers are trying crush Interplay with procedure, but using the wrong procedures. Probably doesn't matter what legal system you use if you're not trying to win on the merits of your claim.
Is there any reasonable reason (heh) for doing what Bethesda is doing, or are they just being insane?
 
Corporations like these are run by psychopaths, it's in their nature to harm others. On the other hand if I was the head of Bethesda or similar, I would have assisted Interplay, and taken a slice of the potential profits...I must be a gaming hippie. Love, peace and gaming.

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