Maybe I'm misunderstanding something here, but Interplay went out of business a couple of years ago, when Fargo sold it. The name and assets were purchased by another company, and I'm not sure if they own the rights to Fallout, or not.
Interplay in fact remained a technically independent company with seperately sold stock, though with a majority ownership by a larger company that ran the place (and fired Fargo).
As of a few weeks ago when they still maintained their website, they still owned the rights to Fallout.
The company has not yet actually declared bankruptcy, though it did announce its first quarter report would be delayed. There fan forum has disappeared, and there are many rumors--from utter demise to still clinging to existence but behind on bills and some salaries.