Notch Challenges Bethesda to Lawsuit Deathmatch

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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

Except it doesn't make a mockery of anything. Pull the broom out of your rear-end and really take a look at this. Notch has made an offer. He hasn't said he'll reject court opinion, or even that the legal process is wrong. He is proposing novel settlement terms, Bethesda is entirely free to turn them down and respond with a more conventional set of terms, or continue on to court.

Far from making a mockery of the system, it in facts elevates it in doing exactly what the system is supposed to do -- decide disputes with a minimum of ill-will from both sides. Remember, at the end of the day, the point of the court system is to prevent us from having to decide disputes via violence. Well beyond avoiding actual violence, Notch's method can enable those involved in a dispute to settle it while having a bit of fun with each other.

The only way I can possibly get that it makes a mockery of anything is if you think the challenge, and possible acceptance, indicates they don't think the issue is very serious. But that's just your broom talking. For most people, it's entirely possible to have fun while being serious.
Do try to remember that it was the most serious issues that were settled by combat.

Man this guy is a complete and utter legend. This would certainly make court TV more fun

if this becomes a thing i see id ruling the world.

edit: chrome finally put the forum upside down, see you guys tomorrow.

I want to see this deathmatch broadcast in real time on TV or the internet. I'd plug my HDMI cord into my widescreen TV and cheer on the competitors. Real life stakes will make it super exciting.

I understand that Bethesda is taking action against Mojang because they have to, but I still hope this gets settled out of court. I think the best thing would be for Notch to give up the name Scrolls in exchange for some kind of concession or promotion from Bethesda. That may seem unfair to Notch, but that may be just the way it is.

cardinalwiggles:
sounds like a cool way of doing it. however for bethesda that might bring about a president where they have to accept all challenges for quake fights for ALL copyrights sounds a bit risky for them.

It is a trademark dispute. Not the same body of law as Copyright. They could easily put in that this is a one off if they were that concerned about it. Most likely they will ignore Notch on this. Sadly.

I like this idea. I encourage Bethesta to do it.

Bethesda gets john carmack and it's over

Traun:
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.

Almost.

Interplay retained the rights to the MMO... but only under certain conditions. They had to secure funding and begin development by a certain date, and then they had to release by a certain date as well.

They allegedly got funding and began development right on the edge of that deadline, but the lack of any notable progress (and further financial woes) seem to indicate that it was not a good-faith attempt to begin development. While it technically fulfills the letter of the contract, it could be argued that it was simply a stall tactic.

Intellectual property laws can get tricky like that. Just look at the practice of patent trolling, in which a company patents something... but then doesn't use it, choosing instead to just camp on the patent until someone unknowingly infringes. (See: Tim Langdell and "edge") All they technically have to do is crank out some cheezy product featuring the patented/trademarked bits in order to keep up the appearance. Then they just wait for someone else to spend real time and money making a product, and then pounce from the shadows.

It looks like that's the game Interplay has been trying. They make a hasty deal that, on paper, meets the conditions of the contract in the barest technical sense. That buys them more time, which they then use to get further into financial trouble. Bethesda is looking at this and saying, "Come on. They're not making any good-faith effort on this, and we feel they're in violation of the purpose of our original agreement."

Then live stream it for a fee and donate that fee to charity.

Everyone wins!

Am I losing Karma for not liking Notch? Still, I think Bethesda's trademark claim is amazingly silly and simply won't stand in court.

Custard_Angel:
I'm fairly certain that the developers behind Bethesda would be all for this, but the bean counters and lawyers will override them and force this to the court.

In which case Notch will just drop it anyway.

It's only a name. No real reason to go to court over that.

There's reason to go to court over names, I mean these are brand names we're talking about. But this particular case is just silly.

Someone calling their product "Super iPod" would be grounds for a lawsuit, but a lawsuit over someone using "Scrolls" because it's one word out of the rarely used title "The Elder Scrolls" is just lawyers desperately trying to make themselves relevant.

I wonder.......Purely hypothetical

what would happen if Notch would chance the title into 'The Elder'?

But yeah, it would be nice if Bethesda has the balls to go along with this.

There's NO way Bethesda's gonna agree to this. There's no possibility of them getting their money if they do it this way.

Honestly, I think this could really happen. Something like this would be great publicity for both of them, and would draw a lot of attention to both Scrolls and Skyrim, and that's probably why Notch is doing it in the first place.

Then again, lawyers.

This is how all legal disputes should be settled. Instead of hiring lawyers, you just have an in-game battle and the results determine who wins the case.

Let's hope this catches on.

He is Swedish so this is just a 21st century update of Viking tradition:

http://www.vikinganswerlady.com/holmgang.shtml

This is how all game trademark disputes should be settled. Notch is made of win.

Gamers to the core
Gentlemen, place your bets

What's the over/under on Notch hiring Fatal1Ty for one day?

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

Constant vacations? Last year, he took about 100 days off. There are 108 weekend days in a year. That sounds completely reasonable to me.

This is how it's fucking done!

That is pretty awesome. I am really looking forward to how this goes now.

I love Notch. He's finally suggested the solution that I've wanted for these conflicts.
Deathmatch!

There are times that it's hard to be a gamer, and you hold you head under the shit thrown your way...then you see stories like this and realize just why you love video games again. A company challenging another company to a video game to decide what to do...that's epic man, that's just fucking amazing...thank you video games industry, for doing something so...*sniff*...wonderfully awesome

Solving legal issues with video games bout fucking time. Also the deathmatch better be streamed or it never happened.

Hell Yea Notch! Nothing like an independant businessman looking that corporate BS in the eye and d_ck slapping it!

Shame on Bethesda for letting this stupidity drag on. "Edge" games flashbacks indeed.

And that is how you win the heart of gamers. Well, quite a lot of gamers, that is. I think. Don't quote me on that!!!
But yeah, I'd say this was a cool move by Notch, tho we would be living in a really epic world if Bethesda actually accepted.
Oh well...

notch, will you marry me?
You are the awesomest thing to happen to gaming in at least 5 years.

Notch just went from an pretty cool indie developer to the most awesome, badass person in existence.

I think I'd much prefer this if it was Notch v Todd personally in a 1 match, highest frags wins type affair just to really ramp up the tension I know it'll never happen though... Ah well this'll do just so long as they stream it live.

A innovate answer to a stupid problem good show Mojang.

ALL legal Copyright law suits should be done this way!
it beats having over payed lawyers bullshitting each other!

This is awesome.
And it reminds me of a book I once read where law was settled by tournament matches in an MMO.

That's fucking retarded, If I made a fast food company named McRonald's then I wouldn't challenge McDonald's to an eating competition for the trademark.

Pathetic publicity stunt.

Major respect for Notch for suggesting this. Major respect for Bethesda if they agree to it.(One can hope) And if they do by some miracle agree to it, I want to watch that battle.

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