According to this Link here, apparently Bethesda is going forward for yet another motion. One that sounds dangerous derogatory of English people.

Besides the nil chance of racism, it appears to be asking gamesas to show proof by not showing it. I am slightly confused, but it appears to be marking lines in the sand for the upcoming legal battle in approximately 38 days from now (17th December). It seems to suggest that the opposing company is 'reaching for the ropes' though is not out of the fight yet. What effect this has on the ensuing legal battle is not entirely known, but it seems to be relying on the key argument of 'only using the name', which has been dismissed in injunctions using the similar legal logic.

Any thoughts?

EDIT: Just to add, this Motion in Limine is apparently similar to an injunction in that it may limit some evidence due to legal reasons, or conversely request evidence that was not revealed in discovery.

Looks alot like B is throwing anything they can come up with and hope something sticks. I just hope that nothing happens that will mess up gamesass december trial preparations.

Guess gamesas is showing that they can play Bs game too
http://fallout.wikia.com/wiki/User_blog:Cartman!/gamesas_files_Motion_in_Limine_right_back_at_Bethesda

The motion in limine, as i suspect bethesda is trying to use it for, is to stop gamesas from using any direct evidence that was used during the previous injunctions. They can use the same arguments, but not in the same way (that's my layman interpretation). To me it's like saying, you can't use potayto as proof like you used in the injunctions, but have to use potawto instead. (That puts a lot of pressure on the judge as to how he/she wants to interperet that limine).
As i was typing this a friend called who's a lawyer following this nonsense. He says that in general, the purpose of a limine is to dictate what evidence and in what form it can be presented at a trial. (He gabbed on at this point for 30 mins using big laywer words that escaped my grasp lol). That can make a HUGE difference in a trial where, unlike the injunctions where bethesda had the burden of proof and failed to make their case, In the main trial in december, gamesas has the burden of proof.

As to the gamesas counter, i reserve judgement as they both sound like children arguing over who should run the playground and it's hilarious. I read the apparent rebuttal and the gamesas lawyer sounded more like a peeved child than a professional lawyer. Bare in mind that my and my lawyer friend's opinions are based on general law, as none of us is familiar with a lot of the u.s. laws, much less state law. They feel that based on the IP laws as they know it, the judge made a few flawed decisions during the injunction, but on the whole, the judgement was right based on the burden of proof aspect.

Ianol, but, in the professional legal game, one must at times counter even silly fillings and motions or one gets behind in the points.

It's kind of like who is the most macho/bravito in stance/words. Of course if one goes to far, the court/judge could throw you or the reasoning out.

Dave Chase

No jury in the upcomming trial
http://www.duckandcover.cx/forums/viewtopic.php?t=25796
and gamesas could make a nice buck from it all.
GO GO gamesas!
I am cheering you on in this grand battle

Well the no jury aspect is a surprise as it makes me think, since both parties agreed to it, that both sides feel they can win this thing on legalities alone rather than on an emotional decision , which jury trials tend to be. It's also been a HUGE problem with the legal system for years now(OJ and recently MJ anyone?) but this isn't the forum to discuss that. It just makes the trial that much more intriguing. Can't wait to let my lawyer pals know and see what they think.

I wonder why B went along with that since the previous judgements has gone gamesass way. If gamesas gets through their request of not allowing B to present more evidence. Am i completely wrong when i belive that this is going pretty much as planned for gamesas?

Oh dear...sure hope gamesas can win this one in December. Bethesda keeps firing their lawyers, and not sure how good gamesas's is.

Wait, I heard about something like...um...appeals or something in court...where it sounds like the people asking for a do-over or something. Trial lasts forever like that. Is that true? Can that actually happen?

Anyways, here's hoping gamesas comes out of this unharmed and better than ever.

ypu know part of me says "i get it. bethsoft paid gamesas a lot of maney for the name. they want to get that money back the way they planned to. they really aren' in the wrong."
but they i read that snippet of the court filings, and i want to things to them. bag things. involving a particulalry infamous but never seen Lynette mod. or at least based on that.
30 MILLION dollars? Rally? and just what business IS it of theirs what if any backing gamesas has, how much it is, or where it came from? my hosptial doesn't care if i sell drugs or owrk with dying orphasn, they want to knwo will i pay my own bill when i leave. they dont care how much credit i have on my cards, they want to know if it passes when they swipe t. and they dont want to know if it will clear when i go to the shop across the street. iits none of their business and they neither know nor care, andd ill wager the want to knot know. Learn a habit, it’s not wise to upset a mutie.
But sir, nobody worries about upsetting a Human.
That’s ‘cause Humans don’t eat people when they get irritable. Mutie’s are known to do that.

Green Haired and PProud!!!!

Regardless of legal proceedings, the quicker this is over, the better.

I agree, man. Bethesda is trying to take away our beloved franchise and continue it on their terms. They want to postpone gamesas's potentially ultimate game. They can't stand up to the original, creative force behind Fallout! gamesas is what made this a pure franchise and Bethesda is pissing on the genesis of it all by poorly "introducing" it to the modern audience.

Maybe Bethesda is trying to continue this court argument, besides money, because they're afraid FOOL will make all of B's Fallout games look like trash? (Which, they already are.)

I will never forgive B & Obsidian for ruining Van Buren and rehashing it into New Vegas.
"Salvation goes to those who deserve it. Freedom goes to those who fight for it. Liberty goes to the conquerors who shatter the hopes and dreams of the enemy." - HKY09, paraphrased

wow, even my supporters are burning my assets.

oh so TRUE. one way, the otehr, soemthing else entrilye, the sooner it's over the better. Learn a habit, it’s not wise to upset a mutie.
But sir, nobody worries about upsetting a Human.
That’s ‘cause Humans don’t eat people when they get irritable. Mutie’s are known to do that.

Green Haired and PProud!!!!

come december 12th the trial by court will start and soon after it will be over one way or the other.

The APA contract states that if a trial has to occur it will NOT be a trial by jury rather it will be a trial by the court (aka judge). Bethesda motioned for a trial by jury at least a year back if not more. Now was that b/c they didnt read the contract? or maybe gamesas saw it and didnt bring it to the courts attention until recently. We will never know but i view a trial by court as a positive dev thats in gamesass favor as its harder to trick a judge w/ mumbo jumbo (aka we only licensed the name and not the assets) stuff.

Legal Professional > John Doe.

im not a lawyer but i do read quite a bit as opposed to those that like to take wild stabs at things.

I think you misinterpret what I say, I'm just say a Judge might know better than one person. This is not indicative of yourself. Merely my summary on humanity versus the legal system that was vaguely derived from what you said.