Fallout Online Screenshot and Interplay vs. Bethesda, Continued
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Next, they have the results of the pretrail motion in limine hearing for the upcoming trail on the Fallout Online contract. The results, which help set up up some rules for the case, are summed up by Duck and Cover:
1. The burden of proof is on Interplay to prove 3 things.
A. it has a trademark and copyright license
B. it was in full scale development
C. It had secured funding of 30 million.
2. Interplay is not precluded from presenting parole evidence.
3. Interplay is not precluded from presenting evidence showing minimum financing and full scale production.
4. Affirmative defense of mistake will not work for Interplay.
5. Bethesdas witness can be at the trial, but can only testify as to what an mmo is and what it entails...he cannot comment on what Interplay has done.
6. Trial will be at 9:30 A.M. on Dec 12
7. Interplay thinks it will take 2 to 2 1/2 days for the entire trial.
