Bethesda has hit another road block in its legal conquest against Interplay and the development of Fallout Online. The company was recently denied a preliminary injunction against Interplay, thus allowing the former IP holder to carry on development of the MMO. According to Joystiq, Bethesda has now lost the appeal for that denial as well.
The Elder Scrolls maker unsuccessfully claimed that “the district court abused its discretion and misapplied the law in concluding that Bethesda failed to establish a likelihood of irreparable harm.”
Should Interplay complete the work then they’ll still need to reach an agreement with Bethesda to actually get the game released, which is easier said than done. We’re still yet to see any concrete footage of the game in action anyways, so don’t expect to see said release for a while.