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Fallout 4 Mod Remaking Fallout 3 Shut Down

Copyright... copyright never changes...

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The Capital Wasteland Project, a fan project that was attempting to recreate Fallout 3 inside the framework of Fallout 4, has been canceled. The creator says that discussions with Bethesda made them realize that their plan was treading on treacherous legal ground, forcing them to call it off.

The project leader "NafNaf 95" shared a statement on Twitter (via Eurogamer) explaining the decision. "Recently we communicated with Bethesda regarding our planned method to implement the voice acting and other audio from Fallout 3 into the Capital Wasteland. During this conversation it became clear our planned approach would raise serious red flags that we had unfortunately not foreseen."

The letter goes on to state that the team attempted shifting its methods in various ways, including re-recording dialogue, or requiring Fallout 3 to be owned in conjunction with an audio extractor. Ultimately, though, the team came to the conclusion that there was no legal way they could continue the project as envisioned. The dialogue that was performed by the likes of Liam Neeson and Ron Perlman was seen as too crucial to the experience, so re-recording it with fan-actors was dubbed a non-starter.

In a more personal matter, the project head says that if the team were to continue the project, he would personally be held liable for any copyright infringement or piracy claims.

"Projects like this have always existed in a grey area of the law..." the letter read. "If at any point in the future it becomes fully legal for us to continue working with the blessing of Bethesda and Zenimax, we will."

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kaelis

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It Never ceases to surprise me how Little Bethesda does to support the modding community. I'm quite certain there is a legal document that Bethesda could have had the modders sign that would have allowed them to use the content that is causing the problem but no, they just say your infringing on our property and if You can't find a work around then you need to cancel your project throwing away all the many long hours already spent on the project to this point. SHAME on you Bethesda. I guess from now on I will have to seriously think about buying anything else from Bethesda including Fallout 5. What a pity!

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hystavito

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I've said it many times, if you really wanna make stuff like this you gotta do it anonymously and let the internet (pirating community basically) distribute it. Yes you can't get all the fame and glory, at least not as your real self, but there's no way to shut it down.

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Blk_Mage_Ctype

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Gotta love Devs and their penchant for passing out Cease & Desist orders on mods/remakes which they have no intention of ever remaking themselves, and even when they do it's not a real remake but some minimal effort "HD Remaster". (i.e. a port of the PC Version running on Ultra by default)

Modders need to learn to produce these mods anonymously and to only announce them after they've already been released and distributed across the web.

It's a shame that more developers aren't smart enough to hire such talented modders and sell their work. I can't imagine that they'd be expensive to hire, and the potential profits generated by high quality remakes would be outstanding.

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Thanatos2k

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Edited By Thanatos2k

Never ask for permission. The answer will always be no. Just do it, release the mod, and when the DMCA comes, take it down and let the internet do the rest and distribute it. Like those Pokemon guys did.

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dlCHIEF58

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@Thanatos2k: Yeah, that's real smart....NOT! But then again what can we expect from you.

They did it right except for waiting so long to clear the voice acting with Bethesda, thus essentially wasting 2 years on the project. It appears there were no issues with Bethesda on this mod until they brought up the voice acting, and anytime you have to use any assets from the original game it is almost guaranteed you will be served with a cease and desist order. Had they recorded their own voice work, no problem as far as Bethesda was concerned, but that was a non-starter with these modders so wisely decided to cancel the project.

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Thanatos2k

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Edited By Thanatos2k

@dlCHIEF58: Oh look another insult laden worthless post by the chief. I'm baffled you're here since it's not an Xbox article.

I know exactly why they can't "legally" offer it. That's never stopped modders before. See: Pokemon Uranium. Which is exactly what I said and you just repeated the same thing I had already addressed. Well, might as well get your last post in. Slather in the insults as usual.

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dlCHIEF58

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@Thanatos2k: Boy you are a weak little snowflake if you though the previous post was "insult laden", when in fact it was nothing but TRUTH (which we now know you find insulting since it shows your lack of intelligence). And no, you said NONE of what I did, not exactly nor even paraphrasing. Do you ever tire of being such a tool?

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Louis

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> ...or requiring Fallout 3 to be owned in conjunction with an audio extractor.

I would assume this would be a requirement. So in buying the game, everyone gets their cut according to contracts.

If Bethesda had done their own graphics upgrade and given it out, would it have been allowed or would they have been required to pay the voice actors again?

I do understand though that Bethesda wasn't doing it, thus the grey area of having modders do it. Though I wonder, what if Bethesda "hired" them, or paid them a small stipend as contractors? Would that have gotten around the issues? What have other modders done with games that include voices?

Anyways, sad to see this recreation end.

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wellsoul2

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Hey that's too bad. Maybe they could release some of the locations they made as mods. Not as good as the full game but something.

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DarkCaptain3

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Edited By DarkCaptain3

@zero_juice: Bethesda didn't shut it down. I was in the live stream and from when I asked it was more due to the 2 VA's that caused this incident. Right now the project is in a grey zone and so is neither illegal or legal to do however there might come a time when it could be pursued and the maker didn't wish to take any risk in the project. Its kindof sad considering that the team doing the Oblivion remake and the other ones are willing to take that risk themselves as they haven't even bothered contacting Bethesda on the matter (I'm on the Morrowind team for them so this much I know).

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Vilified_Signals

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To clarify: The modding team working on this... They contacted Bethesda themselves and asked if it were legally ok.

But here I sit. Waiting for my precious KotOR remaster.

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mogan

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mogan  Moderator

@vilified_signals: I'd get real comfy, if I were you. : \

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Vilified_Signals

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Edited By Vilified_Signals

@Mogan: Oh I already know that I'm in for the long haul. But I think they made it all the way to Kashyyyk.

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Saladudo

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Edited By Saladudo

Waiting for the Skyblivion team to follow suit. Seriously, you can't expend in a mod the same time and resources it'd take a whole new game. I'm sure people at Bethesda feel very sorry for the path these over enthusiastic modders have chosen. Eventually, Todd Howard will announce TESVI with a brand new engine and they'll be still half way through on the old same project just to start from scrap all over again.

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DarkCaptain3

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@Saladudo: I work with the Morrowind team over at Skyblivion and from what I hear they don't plan to do such. They are redoing all the audio and such so those legal issues aren't as big of a concern.

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mattcake

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"Unforeseen"? Really? You got your hat on backwards or what?

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VazzVincent

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Bethesda really should just hire him

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wanderz

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Edited By wanderz

these things for one reason or other never seem to get finished anyway... they should go for smaller projects, for instance go for a portion of the map, and leave it open for other modders / teams to work on the other areas.

realistically i'd rather just have them make new areas (far harbor size perhaps), they can make more realistic goals for themselves, and even better if they succeed they can start on another new area.

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Smosh150

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That's too bad, I really enjoyed 3 far more than NV and 4 (Out of the Bethesda Fallout games). Maybe one day we will get some true remakes of these.

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mpl911

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@Smosh150: Agreed. I really liked F4 and quite liked FNV (bought and sold it twice, apart 2 years apart so obviously had some pull over me), but I absolutely loved F3; it remains the greatest game I've ever played, and the game I've spent the most time playing (unless that's Elite Dangerous by now).

The problem with F4 was I think they messed up the Survival mode. I want everything about Survival mode (mainly the difficulty and the basic survival aspects that force you to constantly eat, drink and sleep) but I also want to be able to Fast Travel. If you move down to Very Hard mode, you don't have to do the eating and drinking thing, which detracts from the immersion imo.

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Smosh150

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@mpl911: There were some mods out that were meant to disable fast travel in Survival mode. I don't know if you played on console or PC, but if console was that not available? Anyway I agree, I discovered Survival in FNV after completing it on the harder difficulties and loved it (I did the same for F4 [I prefer a good challenging story run, but not too intense]).

Quite honestly, I'd like Bethesda to look at Kingdom Come Deliverance and how they handled some of the aspects. I feel like KCD hit some points that Fallout could take from (Such as fast travel not being as cheap what with encounters). I don't know, I just preferred survival in that as I felt it was more natural.

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mpl911

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@Smosh150: Oh yeh - sorry - you're right. There was a mod (I play on xbox) that enabled Fast Travel. That's right. But I got to one bit that was bloody miles away from any bed, so was unable to save and got myself stuck in an horrific head towards destination for 30 minutes, die, respawn, head towards destination for 30 minutes, die, respawn, head towards destination for 30 minutes, die, respawn, head towards destination for 30 minutes, die, respawn loop.

Then I reduced the difficulty to Very Hard, so naturally had Fast Travel, and I thought it also had the need to eat and drink, but it didn't - you only drank or ate to bring your health up. Then I got bored and slung something else in. You can't go back to Survival once you've reduced the difficulty to Very Hard for some reason.

I've yet to try KCD - just bought Deus Ex for less than £7 in an MS sale so that should keep me busy, hopefully, until State of Decay 2 comes out.

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Smosh150

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Edited By Smosh150

@mpl911: "You can't go back to Survival once you've reduced the difficulty to Very Hard for some reason.You can't go back to Survival once you've reduced the difficulty to Very Hard for some reason."

Yea, I did the same thing to test out the differences in my second playthrough. My guess is to prevent the player from abusing it, such as turning the difficulty down to pass a certain part then turning it back on after. Not sure if there are achievements for Survival only, but that would be the only thing I can think of why (Which would be silly if there are none).

"I've yet to try KCD"

Probably would recommend waiting on that anyway unless bugs are something you can overlook. Fantastic game, but definitely wonky at times.

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inebriantia

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Edited By inebriantia

This isn't on Bethesda, the modder waited 2 yrs to check on the voice acting. Bethesda doesn't own the VA, so they can't give permission. If the modder went ahead, ppl like Liam Neison could sue them. The modder doesn't wanna erase all the VA.

So its just something that sucks, but happens sometimes.

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Atzenkiller

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@inebriantia: What do you mean they don't own the VA? If I hire someone to do the voice acting for me then whatever comes out of it is now mine. The VAs don't own any of it, they've done their part. At least that's how it usually works as far as I'm aware. Otherwise it would be easy for VAs to demand more money for each re-release and I doubt any company is dumb enough to let that happen.

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dlCHIEF58

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@Atzenkiller: LMFAO. Bethesda does not "own" the voice acting, they licensed/contracted the voice actors for THIS GAME ONLY. They cannot give permission for it to be used in another game as the voices are property of the individuals that lent it to the game, just like their image. It is not a transferable license, the voice work can only be used for the games which they were contracted for...which also includes remasters and re-releases of the same game but not unlicensed mods.

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inebriantia

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@Atzenkiller: With Fallout 3 Bethesda only paid for licenses to use the voice acting instead of owning it. It was said by a lawyer they did this to save money. There's actually a lot more to this story than what Gamespot reported.

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Atzenkiller

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@inebriantia: Well, that makes sense and I'm sure Bethesda knows now what a dumb move that was. I sure as hell wouldn't pay any voice over artists just for a license of their work, even if some people here seem to consider that normal. If I buy a car I'm free to do whatever I want with it and the manufacturer has nothing to say about that anymore. Should be even more obvious for businesses.

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DarkCaptain3

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@Atzenkiller: In the case of this the VA can still sue saying that their voices were used for something they didn't sign a contract for. In this case it would be a modders work. Usually re-releases are covered in the VA's contract and they are paid when it comes down to that.

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leblnk

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Such a shame.

I wasn't looking forward to this necessarily, but it would've been cool to experience if it ever got to that phase.

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Nabinator

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Good. All these kinds of projects need to be cancelled. They never see the light of day anyway, and by the time they do, the next sequel has already released. Still waiting on Morroblivion. Modders shouldn't waste their time. I'd rather see their talents spent on something we can actually use

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Atzenkiller

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@nabinator: Good thing you don't get to decide how people spend their time. There'd be hardly any mods out if you did.

Of course most big projects never get finished, after all these guys are working on it in their free time while having jobs, and they have to coordinate everything by themselves. Not to mention lack of funding, knowledge and anything else required. Modders are usually amateurs offering you something for free, so no need to be a leech and make demands like that.

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Metsuri

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@nabinator:
I don't care if it comes out when Fallout 6 releases, if they finish Fallout Cascadia and Fallout Miami, I'll be booting up Fallout 4 again.

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Atzenkiller

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@metsuri: Wow. I just looked for Fallout Miami and I was expecting another decent mod that's just mainly reusing all the assets from the Fallout games but that games looks like they're completely creating everything from scratch. All the screenshots on their site look really good. I'm quite impressed.

Is there any estimate for when it might be finished?

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Metsuri

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Edited By Metsuri

@Atzenkiller:

It's coming along very well, Cascadia too. There is also Fallout New York which has the base stuff done but working on filler, quests, and navmesh. Here are the links for all 3:

http://falloutmiami.blogspot.com/

https://www.youtube.com/watch?v=IaszEIAHw6Q This is their December status report

http://www.falloutcascadia.com/ Cascadia does tons of youtube status updates too

https://www.youtube.com/channel/UCH2svpECNcqwEPV6bkJgLYg

https://www.nexusmods.com/fallout4/mods/28685

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poe13

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@nabinator: As much as I want for these to come to fruition, I agree with you. For the most part, these projects always get cancelled. Only one I can think of that made it is Black Mesa (Half Life 1 in HL2's graphics). Modders always get my hopes up from Morroblivion to Skywind to Skyblivion to this. All just peters out and gets forgotten.

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leblnk

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Edited By leblnk

@poe13: Too ambitious and usually not enough people and/or structure. ...maybe not enough motivation, also.

I wouldn't want that added stress in my life.

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poe13

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@leblnk: which is why it always boggles my mind that people keep trying these projects when it usually ends like this or if a cease and desist letter happens. Why even try if there is a history of these things never finishing?

I guess if you love the craft...

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capocrimeboss

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@nabinator: Morroblivion? I played that right through YEARS ago.

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Nabinator

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Edited By Nabinator

@capocrimeboss: Did Version 1 ever release?

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capocrimeboss

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Edited By capocrimeboss

@nabinator: Who cares? It's still perfectly playable.

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Nabinator

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@capocrimeboss: Point being, it's 12 years later and not even fucking version 1.0 is done

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leblnk

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@nabinator: Way to be a d*&khead about it...

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Nabinator

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Edited By Nabinator

@leblnk: Not trying to be a dick here. Modders should save themselves some sanity and avoid these projects. As cool as the idea is (last game's world in this game's engine), their talents are better off going to something more useful.

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leblnk

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@nabinator: I agree with the rest of your post, but the first part felt kinda harsh.

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Acillatem1993

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@nabinator: But...thats how they learn and begin their journey in the gaming industry?

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Nabinator

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@Acillatem1993: You could say that about anything, I guess

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