Mojang and Bethesda Are Going to Court

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Mojang and Bethesda Are Going to Court

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The Scrolls dispute between Mojang and Bethesda is headed to a courtroom.

Back in early August, lawyers representing Bethesda Softworks sent a notice to Markus "Notch" Persson claiming that the name of Mojang's new game, Scrolls, infringes upon Bethesda's Elder Scrolls trademark. The letter demanded that the game be renamed and that Mojang fork over some bucks for the inconvenience. Persson expressed hope that it was "just lawyers being lawyers" and that the whole matter would eventually be dropped; he even went as far as to suggest that Bethesda and Mojang settle the matter by way of Quake 3 Team Deathmatch, an offer Bethesda chose not to respond to. But he also made it clear that it if Bethesda insists on making a fight out of it, Mojang wouldn't back down.

It would now appear that Bethesda is very serious indeed. "The Scrolls case is going to court! Weee! :D" Persson wrote on Twitter today.

"Yeah, we got a notice from the Swedish court," Mojang Business Developer Daniel Kaplan explained to Gamasutra. "We are going to do as much as we can, since I really hate it how the big boys always get their own way."

According to Kaplan, Bethesda's lawyers plan to use user comments about Scrolls videos, articles about the game and even screen shots to prove that gamers are likely to confuse Scrolls with the Elder Scrolls franchise. "It is really silly believing our game will be confused with their FPS-RPG with realistic graphics," he said. "They have dumped everything they could find about Scrolls."

Specific court dates haven't been revealed but Kaplan said Mojang will begin submitting its own evidence in the case "soon."

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I hope it ends in some kind of drunken fight between Notch and some laywers!

poster:
According to Kaplan, Bethesda's lawyers plan to use user comments about Scrolls videos, articles about the game and even screen shots to prove that gamers are likely to confuse Scrolls with the Elder Scrolls franchise.

Lets hope they stick to people and not "anon 317 thinks its the same" and not "WE MADE THIS GUY UP, MWAHAHAHAHA"

I hope Mojang Wins, not because they made minecraft, but Because I think Bethesda are being complete morons and in their own way Insulting consumers intellegence.

Game is callsed Scrolls, Those dumb customers might think its our game and it isn't we better spend a ton on legal fees to sort this out.

The Ironic thing is most people I know, know of the elder scrolls games, and Can Identify them, but they call the game by its subtitle. It isnt The Elderscrolls 3,4 and five it is Morrowind, Oblivion and Skyrim.

Im also excited for scrolls because Apparently Jerry holkins of Penny arcade wrote for it.

http://www.escapistmagazine.com/forums/read/9.315125-Bethesda-decides-to-go-to-court-in-the-Scrolls-case

Made this before this story came out :(. Still, im cool.

OT: Damn bastards that are lawyers, I bet Todd Howard and the like were fine with the Quake Match but NO they had to be useful whilst ruining everyone else time!

Looks like they're taking a page from Skyrim, and offering UNLIMITED LAWSUITS!!!!!!!

uppitycracker:
Looks like they're taking a page from Skyrim, and offering UNLIMITED LAWSUITS!!!!!!!

Sounds more like they're channeling Darth Sidious' UNLIMITED POWAH!!!!!!

Lucky for Notch Blizzard's lawyers aren't that nasty, otherwise I'm sure they'd get sued for using the -craft suffix.

Also, I could understand if Bethesda made a game called Scrolls and then Mojang made The Elder Scrolls, but the other way around just seems a bit weird.

The case against Mojang's Scrolls is paper thin. Persson should counter sue Bethesda just for emotional distress and compensation for lost productivity due to these pointless court hearings.

This is so stupid, everyone knows that Scrolls is Scrolls and that Skyrim is fucking SKYRIM, are they really scared that people will mistake the titles? A lot of people probably just forget "The Elder Scrolls" part of the title and just go with Skyrim (like Morrowind and Oblivion, almost no one says Elder Scrolls 3 or Elder Scrolls 4)

Would that mean that Coca-cola own the word cola? And toys-r-us own the word toys? Because customers are.stupidand easily fooled.

What happened to the Quake Deathmatch?

Bethesda. If only you were a young child, then could I show you the error of your ways. Or just slap you and say "no, leave it".

I'm curious, has anybody ever called the TES games by their full name (eg The Elder Schrolls: Morrowind) over their respective subtitles? I can't for the life of me imagine that anybody would ever get confused by two games having a single word in common, particularly if the plaintiff's game has the subtitle written approximately three times larger (and in the more prominent center position of the box) than the word "Scrolls."

But hey, I just see this as more evidence that copyright lawyers aren't even fit to be a source for soylent green. Can we just launch the whole lot into a black hole somewhere? (no, I'm not being a Minecraft fanboy; the almighty Feynman knows it has its share of flaws. I just hate these absolutely fucking retarded lawsuits)

I do not think Bethesda will win this court case. I mean can you actually patent the use of an everyday word? And everyone I know does not even call them the elder scrolls we call them by their subtitle names.

I'm cheering for Notch on this one, and will be speaking with my wallet on this. Until the lawsuit is settled, I won't be buying Skyrim so Bethsoft won't be getting my money.

Okay first things first, Bethesda are kind of needed to do this to protect against future cases. It is simply the way this works, if you go back and watch that Escapist Podcast about this they explain it quite well.

Still though, it's too bad they denied Notch his Courtroom Deathmatch idea, that would have been really fun.

Captcha: Everybody iarinc. Quickly everyone, Iarinc!

Good for Bethesda.

I hope they get to see Mojang driven before them.

If I were a judge, I would throw this case (like so many others in our pants on head retarded, laughably litigious society) right out of court.

Soviet Heavy:

uppitycracker:
Looks like they're taking a page from Skyrim, and offering UNLIMITED LAWSUITS!!!!!!!

Sounds more like they're channeling Darth Sidious' UNLIMITED POWAH!!!!!!

That was what I always thought back to when they started boasting unlimited dragons for skyrim, and honestly am so surprised nobody has made that picture yet!

Simeon Ivanov:
What happened to the Quake Deathmatch?

Bethesda decided to be mean and didn't respond to the challenge.

OT: "Using screenshots to prove that gamers are likely to confuse [the two games]"

There's no question mark big enough to depict my confusion.

People need to quit saying it's just the lawyers. The lawyers can send all the letters, but they can't take things to court with the parent company's consent.

Just like if you don't want to press charges on someone if they committed a crime against you, your lawyer can't go rogue and do it.

Quit making excuses.

I really hope Mojang can knock Bethesda down a few notches. I really dislike Minecraft, but I don't want the bully to win! :/

Lol Are Bethseda nuts? They're not going to win this, Scrolls is nothing like Elder scrolls. Quit being whiners, only 15+ (usually) gamers play your games anyway and we're not retarded enough to confuse them.

I really hope some sensible executive in Bethseda realizes what's going down soon and slaps their overeager lawyers with a fish fast.

Do yourselves a favor Bethesda, when you lose this case, and you probably will, smack Zenimax around some and get them to go put their heads back up their asses and leave you guys to your own devices.

Or to, at the very least, not use your name in lawsuits.

I've heard about someone from Mojang offering a Quake Deathmatch solution to this problem. That would have been a lot better and fans would love it which is more important. It could also encourage others to do the same. But no, Bethesda had to be a lesser man, as usual. Their myopia is fascinating. Gamers will never confuse anything with The Elder Scrolls. We call it TES or [insert undertitle].

Simeon Ivanov:
What happened to the Quake Deathmatch?

Yeah! I want some gibs to start flying, damn it!

The stupidity of the case itself aside, I don't get how they expect to demonstrate that people are likely to get the two confused either. I'm not sure I've ever heard an Elder Scrolls game referred to as "Elder Scrolls + #", but rather they tend to only be known by their title, ie: Oblivion, Skyrim, etc...

NO MOTHER FUCKERS! HE FINISHES 1.9 BEFORE THIS SHIT HAPPENS! I WANT MY SNOW BACK DAMMIT! Sitting in a stone home in a hillside with a fireplace to warm agaisnt the slight breeze from the window. I love both of them but i want snow to return to Angry Beard Mountain. Ain't right man. Also wan't him to make stone bricks stop fire because i lit my Hearth in the center of the room and my wooden door caught fire about 10 blocks away.

Paragon Fury:
Good for Bethesda.

I hope they get to see Mojang driven before them.

you don't understand the lawsuit do you?

Paragon Fury:
Good for Bethesda.

I hope they get to see Mojang driven before them.

What? I...just...huh? I can't even begin to comprehend the logic.

"Go big corporation with no leg to stand on! Win this case you have no business winning because I have an irrational hate of something!"

Andy Chalk:
According to Kaplan, Bethesda's lawyers plan to use user comments about Scrolls videos, articles about the game and even screen shots to prove that gamers are likely to confuse Scrolls with the Elder Scrolls franchise.

Rofl, so essentially Bethesda plan to present a load of quotes of various people being sarcastic and proving how hysterical this case is? That should be interesting court case to watch....

"As you can see here, Trololo87 says, 'So @notch, is Scrolls an expansion of Oblivion lol'. Clearly this shows how easily misled gamers are..."

Even the 'No Win, No Fee have you had an accident at work' lawyers wouldn't take this case, could it be any more feeble. Anyhow, all that I would say has been said except:

Anyone else come to the conclusion that Bethesda just want extra publicity for Skyrim??

Ok its pretty damn low but lets face it:
1) Its Bethesda
2) Their odds off winning the court case are less than the odds of them actually having the Quake3 war.
3) Minecraft was very successful and has a very similar RPG element to it so why wouldn't they try to get in just a little more on that market?

What a prodigious waste of everyone's time and money! Copyright protection aside, Zenimax/Bethsoft upper management should have gagged this a month ago. They made their point. Threw their weight around some to make sure everyone knew they wouldn't muck about protecting their brand. Fine. But going after indie darlings Mojang? If the terrible PR this generates isn't bad enough, what's worse is they simply won't win this. They can't. An international copyright dispute over a generic word, attached to a tangibly different title, both systemically and aesthetically? With Swedish courts involved?

Not only do they make themselves into very public asshats, but it's a deplorable waste of money and resources. At the verge of the launch of their flagship product no less.

Bethesda softworks make wonderful games. However behind the scenes it's a mess. Along with their parent company, they provide the most abysmal after sales/technical support I've ever experienced in 18 years of gaming and evidently have questionable expertise in the business of expansion and PR management as well.

According to Kaplan, Bethesda's lawyers plan to use user comments about Scrolls... to prove that gamers are likely to confuse Scrolls with the Elder Scrolls franchise.

Why do I get the feeling that at some point we're going to be seeing stories about how these 'user comments' were posted by people linked to Zenimax and/or Bethesda?

Charli:

I really hope some sensible executive in Bethseda realizes what's going down soon and slaps their overeager lawyers with a fish fast.

Not to be the one to point out the painfully obvious but it IS the 'sensible' executives that are bringing the case to court.

The lawyers can only do what Bathesda execs tell them to do. They couldn't have made the case without the top dog at Bathesda giving them the nod.

People, stop blaming the lawyers for doing their jobs and start looking at the guys and gals working at Bathesda. It's them that want the court case the lawyers are just doing as they are told.

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