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When Interplay had sold the rights of developing Fallout Games to Bethesda, there was a clause in the contract: Interplay would be able to create Fallout Online. Bethesda then sued Interplay over this matter and wanted rights to all Fallout games : including MMO's. If Bethesda wins, they gain the rights to Fallout Online and the status of the game will be unknown as it is currently in development. If Interplay wins, then Bethesda will be able to create only a specific amount of Fallout games before the rights to make any Fallout games go back to Interplay.

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