Notch Challenges Bethesda to Lawsuit Deathmatch

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notch is now the coolest perosn making games ever although i dont think he has thought this out all the way, Bethesda has a lot of empolyee's and i think some might be better quake players than notch but this is still funny as hell and i hope they take up the challenge

Traun:

Lt. Vinciti:

Traun:

Considering that they are first class dicks, they'd probably go with it in court.

They = Lawyer Yes?

Sounds like how it should be...a gentlemans sport to see who wins...

No, I mean Bethesda. Look up their relationship with Interplay.

Here's the short story of it if you don't know.

1.Interplay is making a Fallout MMO.
2.Interplay is nearing bankruptcy.
3.Interplay sell the Fallout licence to Bethesda, the agreement is "We make Fallout MMO, you make Fallout games."
4.Bethesda makes Fallout 3.
5.Bethesda makes millions.
6.Bethesda goes full Kotick and sues Interplay to take away the rights for the MMO.
7.Court says no.
8.Bethesda know Interplay are standing on their last leg and is suing them again hoping to drain their resources in court battle.

What part of that wouldn't be handled by the lawyers? Its not like Todd Howard sits on a +1 Chair of IP Villainy and starts shit with everyone.

Sinspiration:
I want video,

everyone does. this is probably the best way to solve any dispute.

Kragg:

Traun:

Andy Chalk:

Well, Bethesda? What say you?

Considering that they are first class dicks, they'd probably go with it in court.

why would they ever accept this, whatever they do they would lose

option 1. play and lose -> they possibly lose business from the name being used
option 2. play and win -> keep name, "omg they bought better players, boycot !!!11" image dent
option 3. dont play -> tiney image dent, high change of getting name changed

i think notch would say they have to be employees, and nobody would hire a team just to play a game in this economy. bethesda has nothing to lose, really.
play and lose: they lose a massive lawsuit over a word.
play and win: they win a lawsuit they started without going to court.
dont play: they probably win the lawsuit in court, Scrolls gets a name change, not a single fuck is given.

Say what you want about Notch, that man knows how to rack up street cred. Also how to solve a conflict :D

brodie21:
wouldnt it be funny if bethesda was just trolling? if in a month or so they drop the lawsuit and say 'you are welcome for the publicity' because honestly, i hadnt even heard of this scrolls game before the lawsuit

Trolling usually doesn't incur massive costs.

jamiedf:

King Toasty:

jamiedf:
a ballsy move, which i appreciate, but the law student in me wants to smack notch upside the head for suggesting such a thing ha so yeah im a little torn on this

But it's perfect! It won't cost the court anything, it'll raise publicity, it'll ease tensions between studios, and it might become the new norm for game devs!

but it also spits in the face of the legal process, if bethesda has raised this lawsuit, it causes problems for the courts who will suddenly get a letter saying "lawsuit dropped, we decided to settle things in the arena" its a legal issue, it should be settled within the legal system

It's easier, cheaper, simpler and more beneficial to settle out-of-court. It won't ruin the integrity of the legal system, and the entire lawsuit only happened to protect some lawyers.

jamiedf:

but it also spits in the face of the legal process, if bethesda has raised this lawsuit, it causes problems for the courts who will suddenly get a letter saying "lawsuit dropped, we decided to settle things in the arena" its a legal issue, it should be settled within the legal system

bethesda hasn't yet, they just issued a warning that they would. Also, no offense to you or others studying and into law, but the "legal process" is not exactly known for being reasonable. You could be arguing that the sun is neon pink and you would win if you payed your lawyer enough.

MY GOD Hes my hero!!

Traun:

Lt. Vinciti:

Traun:

Considering that they are first class dicks, they'd probably go with it in court.

They = Lawyer Yes?

Sounds like how it should be...a gentlemans sport to see who wins...

No, I mean Bethesda. Look up their relationship with Interplay.

Here's the short story of it if you don't know.

1.Interplay is making a Fallout MMO.
2.Interplay is nearing bankruptcy.
3.Interplay sell the Fallout licence to Bethesda, the agreement is "We make Fallout MMO, you make Fallout games."
4.Bethesda makes Fallout 3.
5.Bethesda makes millions.
6.Bethesda goes full Kotick and sues Interplay to take away the rights for the MMO.
7.Court says no.
8.Bethesda know Interplay are standing on their last leg and is suing them again hoping to drain their resources in court battle.

this is why i am huge fan of looser pays. people could not slap multiple lawsuits hoping one sticks.

and yea bethesda has gone more and more activision like over the years, i mean how the hell can you say with a straight face that calling your game "scroll" will confuse people with the "elder scrolls", course bethesda already tried it with fallout name and interplay selling the classic fallout series and their game, i forget how that turned out, but bethesda seems in full asshat mode of late.

if they were smart they would say ok to the deathmatch thing and settle it that way. then they need to look at their legal dept or leadership and make some changes asap, bethesda does not want to be lumped in with the likes of EA and activision, Ea has started to try to turn its image around, activision could not give a spit less about their pr, and bethesda is quickly nearing that point with all the, what seem to normal people at lest, petty lawsuits not designed to protect anything but to just run others into the ground because you can.

King Toasty:

jamiedf:

King Toasty:

But it's perfect! It won't cost the court anything, it'll raise publicity, it'll ease tensions between studios, and it might become the new norm for game devs!

but it also spits in the face of the legal process, if bethesda has raised this lawsuit, it causes problems for the courts who will suddenly get a letter saying "lawsuit dropped, we decided to settle things in the arena" its a legal issue, it should be settled within the legal system

It's easier, cheaper, simpler and more beneficial to settle out-of-court. It won't ruin the integrity of the legal system, and the entire lawsuit only happened to protect some lawyers.

i agree with you, there shouldnt even be a lawsuit in the first place, however it has been issued at this point, and i dont think bethesda should be allowed to back out, if either side wants to end this they should settle it out of court in private, not with some novelty event like this

I have always like Notch but that is just awesome.Sadly i doubt it will ever happen but nice work to Notch.

Waaaaait a second...
Does this mean the whole "trial by combat" thing is coming back into fashion?!
This...is beautiful... ;.;

jamiedf:
if either side wants to end this they should settle it out of court in private, not with some novelty event like this

They are big gaming companies, it won't be private no matter how they do it. Even if they just met and talked, a gaming news site would have it front page within 2 hours "Bethesda and Notch settle out of court, here's all that went down!!!". Its not private in any case, so why not make some publicity out of it?

I'd like for you to think a second Notch mi amigo.

We're talking about the studio that is notorious for publishing games too early and releasing glitchy games. I didn't talk to members of the actual dev teams like Splash Damage, but between this lawsuit and Brink, all signs point to the heads of Bethesda being first class assholes. No, i don't think they'll throw down. They just pulled a dick move i'd expect from News Corp for fucks sake.

image

No more needs to be said.

With that, Skyrim will be delayed to 2014. Because of Quake training.
I already found Notch to be a bit unprofessional, but damn man.

jamiedf:

King Toasty:

jamiedf:
a ballsy move, which i appreciate, but the law student in me wants to smack notch upside the head for suggesting such a thing ha so yeah im a little torn on this

But it's perfect! It won't cost the court anything, it'll raise publicity, it'll ease tensions between studios, and it might become the new norm for game devs!

but it also spits in the face of the legal process, if bethesda has raised this lawsuit, it causes problems for the courts who will suddenly get a letter saying "lawsuit dropped, we decided to settle things in the arena" its a legal issue, it should be settled within the legal system

This kind of lawsuit is a dispute between private parties, the state is merely an arbiter.

These kind of suits are settled out of court all the time. Basically, if the parties can come to an agreement on their own, they don't need to waste the state's time, or bring it into their business. And it saves everyone a lot of time and money on lawyers.

CAPTCHA: government floure. Are these context sensitive?

jamiedf:

King Toasty:

jamiedf:

but it also spits in the face of the legal process, if bethesda has raised this lawsuit, it causes problems for the courts who will suddenly get a letter saying "lawsuit dropped, we decided to settle things in the arena" its a legal issue, it should be settled within the legal system

It's easier, cheaper, simpler and more beneficial to settle out-of-court. It won't ruin the integrity of the legal system, and the entire lawsuit only happened to protect some lawyers.

i agree with you, there shouldnt even be a lawsuit in the first place, however it has been issued at this point, and i dont think bethesda should be allowed to back out, if either side wants to end this they should settle it out of court in private, not with some novelty event like this

The law student in you need to go back to school and learn what a settlement agreement is. This is notch's proposal for settlement. He is suggesting that if each side meets certain conditions, the law suit is dropped and the dispute for the name of the game is settled. That his conditions happen to be novel, or announced in public doesn't change that one whit.

jamiedf:

King Toasty:

jamiedf:

but it also spits in the face of the legal process, if bethesda has raised this lawsuit, it causes problems for the courts who will suddenly get a letter saying "lawsuit dropped, we decided to settle things in the arena" its a legal issue, it should be settled within the legal system

It's easier, cheaper, simpler and more beneficial to settle out-of-court. It won't ruin the integrity of the legal system, and the entire lawsuit only happened to protect some lawyers.

i agree with you, there shouldnt even be a lawsuit in the first place, however it has been issued at this point, and i dont think bethesda should be allowed to back out, if either side wants to end this they should settle it out of court in private, not with some novelty event like this

They ARE settling it out of court. If they want fun when doing it, it won't change anything.

Halcyone3:

jamiedf:

but it also spits in the face of the legal process, if bethesda has raised this lawsuit, it causes problems for the courts who will suddenly get a letter saying "lawsuit dropped, we decided to settle things in the arena" its a legal issue, it should be settled within the legal system

bethesda hasn't yet, they just issued a warning that they would. Also, no offense to you or others studying and into law, but the "legal process" is not exactly known for being reasonable. You could be arguing that the sun is neon pink and you would win if you payed your lawyer enough.

if they have issued a warning, then they are more then prepared to take this to court, this would include establishing a first hearing tribunal. and i honestly mean no offence with this, but its a pretty ignorant thing to argue,. its nothing to do with how much you pay a solicitor, it just so happens that better solicitors cost more.

Quite clever really. Even if his request is outlandish, by refusing and insisting on the lawsuit Bethesda ends up looking like even bigger jerks.

Why do I get the feeling Bethesda is just going to ignore this and keep suing him? Either way I would pay a fair amount of cash to get a video of that match...

Andy Chalk:
Notch Challenges Bethesda to Lawsuit Deathmatch

image

Minecraft creator Markus "Notch" Persson wants to settle Bethesda's Scrolls trademark lawsuit the old-fashioned way: Quake 3 Team Deathmatch! (And he's serious, by the way.)

Earlier this month, Notch received a letter from Bethesda's legal department claiming that Scrolls, the new game in the works at Mojang, infringes upon its Elder Scrolls trademark. The notification demanded that Mojang rename its game or face legal action, as well as "a pile of money up front before the legal process has even started."

Things have been relatively quiet since then, presumably as the lawyers ply their trade and earn their exorbitant fees, but now Notch has decided to take matters into his own hands, throwing down the gauntlet and challenging Bethesda to settle their differences like men. "Remember that scene in Game of Thrones where Tyrion chose a trial by battle in the Eyrie?" he wrote on his blog. "Well, let's do that instead!"

"I challenge Bethesda to a game of Quake 3. Three of our best warriors against three of your best warriors. We select one level, your select the other, we randomize the order. 20 minute matches, highest total frag count per team across both levels wins," he wrote. "If we win, you drop the lawsuit. If you win, we will change the name of Scrolls to something you're fine with."

Regardless of the outcome, he said he would still be willing to include a notice somewhere stating that Mojang's game is not related to the Elder Scrolls series, if Bethesda wants it included. And he's not kidding around, either. "I am serious, by the way," he added.

Well, Bethesda? What say you?

Thanks to TheGuy(wantstobe) for the tip.

Permalink

Just wanted to point out that Notch tried to trademark the word "scrolls" himself[1] so there is a good chance that Bethesda is trying to prevent any future Edge-like lawsuits against themselves by preemptively suing Notch. Also USA[2] today along with Harvard Law [3] say that if a company doesn't defend against a perceived trademark infringement then they will lose it.

Kwil:

jamiedf:

King Toasty:

It's easier, cheaper, simpler and more beneficial to settle out-of-court. It won't ruin the integrity of the legal system, and the entire lawsuit only happened to protect some lawyers.

i agree with you, there shouldnt even be a lawsuit in the first place, however it has been issued at this point, and i dont think bethesda should be allowed to back out, if either side wants to end this they should settle it out of court in private, not with some novelty event like this

The law student in you need to go back to school and learn what a settlement agreement is. This is notch's proposal for settlement. He is suggesting that if each side meets certain conditions, the law suit is dropped and the dispute for the name of the game is settled. That his conditions happen to be novel, or announced in public doesn't change that one whit.

i know damn well tis is notches idea of a settlement, i just dont agree with his method of doing it, its a publicity stunt and from a business point of view a good idea, but it makes a mockery of the legal process by saying instead of going about things the normal way, lets settle it with a game.
like i said, i appreciate the idea, but the way that he has gone about it pisses me off a little

*hands notch an off white duelists glove*
The man can make a game out of ANYTHING and i love him for it. Coolest developer i ever knew of.

I like this idea... Lets call it dueling.

With media and politics we put them 4 feet apart with squad automatic support weapons, people use dueling pistols cuz we haz honor, and games industry duels via video games.

Notch, what did I tell you about being ridiculous,crazy and completely awesome? On a more serious note this would be a wonderful way to settle this, and is truly the way video game related disputes should be settled. May the best gamers win! I really hope Notch/Mojang wins this, I usually love Bethesda but they're basically saying that their fans are completely illiterate and can't tell the difference between "Scrolls" and "The Elder Scrolls V: Skyrim"

If this happens and Bethesda win and Notch changes the name, I will be happy with the change since Bethesda will deserved it not demanded it.

Notch has now elevated himself to godlike in my book, that's just AWESOME!!

Bethesda should do this and I demand video proof of this deathmatch, but I wonder if the lawyers will let them do it...

Kian2:

jamiedf:

King Toasty:

But it's perfect! It won't cost the court anything, it'll raise publicity, it'll ease tensions between studios, and it might become the new norm for game devs!

but it also spits in the face of the legal process, if bethesda has raised this lawsuit, it causes problems for the courts who will suddenly get a letter saying "lawsuit dropped, we decided to settle things in the arena" its a legal issue, it should be settled within the legal system

This kind of lawsuit is a dispute between private parties, the state is merely an arbiter.

These kind of suits are settled out of court all the time. Basically, if the parties can come to an agreement on their own, they don't need to waste the state's time, or bring it into their business. And it saves everyone a lot of time and money on lawyers.

CAPTCHA: government floure. Are these context sensitive?

i agree with you, i know it would be settle out of court, probably before it even reached the court, and fees ect would be sorted then, what annoys me is the way notchs has gone about it, like i said before, i do appreciate the idea, its a sound business method aswel, but hes basically said (publicly) that he is willing to ignore all other procedures here, and settle it with a game, making him look the more reasonable, thats why i am annoyed

jamiedf:

and i honestly mean no offence with this, but its a pretty ignorant thing to argue,. its nothing to do with how much you pay a solicitor, it just so happens that better solicitors cost more.

None taken, im mostly joking around, if the legal system were THAT down the drain (neon pink sun) i wouldnt live here. But it is undeniable that copyright tends to be murky terrain, and bethesda probably has the more money for a better lawyer, even as unreasonable as their demand sounds (they don't own the word "scrolls" itself).

But the legal system is still far from perfect; if you honestly think money has nothing to do with it, you are just being naive.

If this actually happens, we need a stream of it. seriously.

Nice to see Notch applies his philosophy of "I take nothing serious" to -all- serious matters, rather than simply his Minecraft development cycle.

Not that I needed another reason to believe that he shouldn't be in charge of a company or worth millions of dollars...

jamiedf:
i know damn well tis is notches idea of a settlement, i just dont agree with his method of doing it, its a publicity stunt and from a business point of view a good idea, but it makes a mockery of the legal process by saying instead of going about things the normal way, lets settle it with a game.
like i said, i appreciate the idea, but the way that he has gone about it pisses me off a little

I agree this is certainly a publicity stunt, whether he's really serious or not, but I disagree with the idea that it shows his contempt for the legal system. Rather, I'd say it shows his contempt for a ridiculous lawsuit Bethesda is threatening. Now I understand fully that they have to pursue any perceived threat to their trademark lest they lose it, but any lawsuit they choose to bring over this issue would clearly be absurd since there is little chance of anyone confusing Scrolls for an Elder Scrolls title. If that were the case then Blizzard and Activision should get in on the actions and sue Mojang for Minecraft claiming people will be confused into thinking it's a new RTS or MMO they made.

And I have to agree with Kwil that this is simply Notch's offer for a settlement. Settlements are done out of court all of the time and aren't seen as someone making a mockery of the legal process. You may not like the settlement he's offering, but that fact doesn't change, nor does it mean he's not going about things in the "normal way." So his settlement offer isn't to change the name, or pay thousands, if not millions, of dollars to keep it. So what?

Is this just so court doesn't interfere with his constant vacations?

jamiedf:

King Toasty:

jamiedf:
a ballsy move, which i appreciate, but the law student in me wants to smack notch upside the head for suggesting such a thing ha so yeah im a little torn on this

But it's perfect! It won't cost the court anything, it'll raise publicity, it'll ease tensions between studios, and it might become the new norm for game devs!

but it also spits in the face of the legal process, if bethesda has raised this lawsuit, it causes problems for the courts who will suddenly get a letter saying "lawsuit dropped, we decided to settle things in the arena" its a legal issue, it should be settled within the legal system

It's called reaching an out-of-court settlement. It's how almost all aggressive lawsuits are resolved:
Big company threatens a victim with a flimsy lawsuit.
Victim cannot afford the court costs associated with effectively defending themselves (Unless it's the type of lawsuit that can be successfully defended against by a $30 legal pre-assembled legal package)
Victim settles dispute for a direct price smaller than court costs. Settlement is reached out-of-courts.

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