Bethesda Softworks LLC v Masthead Studios Ltd

Bethesda Softworks LLC v Masthead Studios Ltd is a court case linked to the Bethesda Softworks LLC v. Interplay Entertainment Corporation court case.

Background
To assist in development of the original Project V13 (or Fallout Online), Interplay Entertainment engaged the services of Bulgraian Developer Masthead Studios to help build the game using the codebase of their existing MMO Earthrise.

This work had developed to the stage where the game was playable in some form. However evidence to this effect was prevented from being admitted to the main case as Interplay did place any witnesses from Masthead on its witness list.

Seeking to prevent further work on the title, Bethesda filed a separate suit against Masthead Studios in the California Central District Court; this sought to cease any work preformed by them on Fallout Online.

The case raised questions as to whether Masthead came under the jurisdiction of the court.

Outcome
As the main case was resolved, both parties agreed to dismiss this case. The following is Transcribed from the order of Dismissal.


 * 1. The Parties agree that this Order shall not constitute a concession by Masthead of this Court’s jurisdiction over Masthead, or a concession by Bethesda that this Court does not have jurisdiction over Masthead;


 * 2. The Parties agree that this Order shall not constitute an admission of liability by either party;


 * 3. Masthead represents that, to its knowledge, it has not infringed on any of Bethesda’s Fallout-related copyrights or other Fallout-related intellectual property that are the subject of this litigation (the “Fallout Intellectual Property”);


 * 4. To the extent that it is later determined that Masthead possesses any materials that infringe the Fallout Intellectual Property, Masthead agrees to make no use of such materials, to destroy such materials promptly after discovery and to certify such destruction to Bethesda in writing. Such a determination must first be agreed upon by Bethesda or judicially determined;


 * 5. Masthead agrees not to infringe the Fallout Intellectual Property in any MMOG or other work that Masthead develops for Interplay Entertainment Corp. or otherwise by itself or through any third party;


 * 6. No provision contained herein is intended to create any greater rights than Bethesda may already have under the United States Copyright Act and/or other relevant United States laws; and


 * 7. Each party shall bear its own attorneys’ fees and costs in this litigation.