Fallout MMO Work Can Continue, Bethesda Injunction Thwarted!

The dessiccated husk of Interplay has been trying to get a Fallout MMO off the ground for a while now, even as now-owner of the property Bethesda has waged a legal war again it. Currently winning: Interplay.

Joystiq:

There’s been so much written about Interplay’s nebulous  Fallout MMO  in the context of tedious litigation, it almost seems to welcome the franchise’s thorough, irradiated reduction of modern society. But for those interested in legal tussles, here’s where we stand today: Fallout property owner (and  former licensee) Bethesda was recently denied a  preliminary injunction  against Interplay, which would have denied  Fallout Online  use of the franchise’s story, characters and other identifiable elements for a limited time. Today, an appeal against that decision was denied.

United States Court of Appeals documents show that Bethesda’s aim was to show “the district court abused its discretion and misapplied the law in concluding that Bethesda failed to establish a likelihood of irreparable harm.” And while the property owner continued to delve into fears over Interplay’s  suspect financial stability  (a potential source of said irreparable harm), today’s outcome similarly found Bethesda’s claims unconvincing.

The legal saga is still far from over, as Bethesda and Interplay must still settle their polluted licensing relationship and come to a conclusion regarding the possible release of Interplay’s work — which may continue for now, but still requires “express permission” from Bethesda to launch. What state the world (both inside and outside the game) will be in by the time the courts clear things up is anyone’s guess.

My main problem is that I don’t have any faith in Interplay at this point. I’d rub all sorts of fleshy pinky parts at the concept of a Bethesda-powered Fallout MMO, but the fact that it’s being helmed by a corpse of a studio bums me out.