Mojang and Bethesda Are Going to Court

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So wait, are Todd Howard and co responsible for this too? Or is it just the legal department being dicks?

Paragon Fury:
Good for Bethesda.

I hope they get to see Mojang driven before them.

Wai-what?
Are you being...sarcastic or something?
Either that or you really don't understand the current situation...
*scratches head in confusion*

Anyway, i really hope Mojang win here, Bethesda don't have a leg to stand on and are not only insulting the intelligence of gamers, but the intelligence of the industry and the legal system by even bringing it up.
Shame on you, Bethesda, i will not be getting Skyrim.
(well, i'll be more cautious, and not buy it if the results don't come back as 'perfect'.)

So... no Quake 3 match then?... I am dissapoint...

On the bright side, this is amazingly good PR for Mojang and Scrolls.

I am disappointed that they did not choose the deathmatch option.

you i'm not sure people are going to get confused. I don't know if the lawyers at bethesda know this but most people look at what they are buying before dropping fifty bucks. I mean here's a checklist to make sure people aren't confused

1)is it digital distributed from www.scrolls.com?
2)is it reasonably priced?
3)is it cartoony?
4)can it run on your current graphics card?
5)Is its name a simple one word title with no subtitles?

If you answered yes to any of these question you aren't buying a Bethesda game.

Let's see, if this case goes through, then that means the creators of Deus Ex can sue the creators of X Blades, or any other game with X in the name.

Blizzard should also sue Mojang because Warcraft sounds remarkably similar to Minecraft.

This is just plain stupid. I hope Mojang counter-sues to pay for the legal fees.

Bethesda is stupid, that is not news, however now they think we're braindead aswell...

"OMG a game called 'The Scrolls'! Surelu it must refer to Skyrim hurr durr!"

rayen020:
you i'm not sure people are going to get confused. I don't know if the lawyers at bethesda know this but most people look at what they are buying before dropping fifty bucks. I mean here's a checklist to make sure people aren't confused

1)is it digital distributed from www.scrolls.com?
2)is it reasonably priced?
3)is it cartoony?
4)can it run on your current graphics card?
5)Is its name a simple one word title with no subtitles?

If you answered yes to any of these question you aren't buying a Bethesda game.

You forgot "Is it not broken because of bugs caused by the engine?" and "Do you actually look up information about games before buying them, because $60 is a fair amount to spend on something you could potentially hate, not run on your system, or finish in five hours."

You know, I really hope Bethesda wins this case; I've been hugely confused by naming trends in gaming for years - I frequently confuse "Star Wars: Battlefront" and "Battle for Middle Earth", for example, because they both contain Battle. I also tend to confuse Superman and Super Mario Brothers for a very similar reason.

On a more serious note, if gamers can cope with "Battlefront" and "Battlefield" being run side by side (and honestly, has anyone ever confused the two?) we won't mix up Scrolls and The Elder Scrolls. Hell, I sure as hell won't; thanks to their dickery, Bethesda's Elder Scrolls has been put on my "Never purchase" list.

I could point out a million ways this is stupid but what strikes me is that no one thinks about the "Elder Scrolls" franchise by that name.

Some names are immediatly recognizable, Call of Duty for example. But "The Elder Scrolls" won't ring that many bells for non-hardcore gamers. Most people think of them as "Morrowind" or "Oblivion" or "Skrim".

If i said: They're making a new elder scrolls game, people would just get confused. If i said: A sequel to Oblivion is dropping, they would become excited. The brand recognition is not that strong.

Ugh how pathetic. I didn't think this would ever get to court. How stupid.

Aiden_the-Joker1:
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.

Well, the colour purple is copyrighted by Cadbury... true story. Apparently it's not that hard.

Like Judge Leonard White (played by Morgan Feeman in The Bonfire of the Vanities film) said:

"You're new here, Mr. Kramer. Let me explain something to you. This case is what we call a piece of shit. Which means, loosely translated, that you have no evidence."

Anyone who confuses Scrolls with The Elderscrolls is a complete moron. Infact the word "The Elder Scrolls X" never settled into my brain intill a few weeks ago. I knew there was a series but couldn't remember the name, only the numbers. Besides, remembering "Morrowind" and "Oblivion" is alot more convenient.

Bethesda l2brain. Perhaps if you used a less ambiguous series title then this problem wouldn't exist.

It's not like the game's called Sky Rim.

If Nintendo used the Bethesda logic here, would anything with the name "Legend" in it be Intellectual rights infringment? Poor IRLegend author.

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

We live in a world where Bethesda are bigger douchebags than Activision... For a moment I thought I was in a bizarro world.

I just hope they loose the case. Not only they will have to pay Notch some serious money, but they also have provided with some invaluable publicity for a game most people wouldn't be aware of (other than being "from the guy that made Minecraft...")

I'm not confused, nor would I be.
But then again, I don't need other people to carefully explain the differences between similarly-named games to me.
Confusing one for the other is entering into "I'm so stupid, I need someone to help me pee." territory.

I would like to go on the record saying I rarely even refer to the Bethesda's series of fantasy RPG's as "The Elder Scrolls Games" or any possible derivative. I am a huge Bethesda fanboy and I often refer to the games by their secondary title, "Morrowind" "Oblivion" "Skyrim" Etc. and if I do refer to the games by the primary "Elder Scrolls" title it is immediately followed by a number indicating which game in the series. Further have never heard of "Scroll" and it is very obvious that this game in no way could be confused with Bethesda's games.
put a bow on that and send it to the lawyers.
(for the record I was trying to make it sound as lawyery and pompus as I could.)

hermes200:
[quote="DasDestroyer" post="7.315129.12793807"]Not only they will have to pay Notch some serious money, but they also have provided with some invaluable publicity for a game most people wouldn't be aware of (other than being "from the guy that made Minecraft...")

Well, at this moment he's getting alot of free publicity before the game's even released for alpha which is oh so considerate of Bethesda. The legal fees if he loses will probably still be less than the same amount of paid aggressive marketing.
Also, Bethesda make themselves look like pricks. I doubt this will dent the sales of Skyrim as I will still buy the game, but perhaps over time if Bethesda keeps up this behaviour they'll earn the EA and Activision stigma which would make people more wary.

id point out that everyone who is excited about skyrim is saying "Wow i cant wait to get skyrim!" None is saying "Wow i cant wait to get the elder scrolls, skyrim!"
hell i know people who think the elder scrolls is a different game!

Another reason why I don't support Bethesda. Well, the first being that their games are mediocre nonsense, but this just puts the nail in the coffin. Damn cunts.

Talking with a friend about games he's looking forward to, I was treated to this:

Hallanger: SWTOR, BF3, MW3, GW2, and NWN(Whatever) need to come out sooner.

Hallanger: Oh, and the next Scrolls game.

Hallanger: I forget the name.

Saerain: Did you do that intentionally?

Saerain: Sorry, I've been telling everyone in regards to the Scrolls lawsuit that no one calls the Elder Scrolls series Scrolls. Corrected.

Hallanger: Also, the maker of some game challenged another maker of a game to a duel in Quake.

Hallanger: To settle a lawsuit I believe.

Saerain: Are you being serious right now?

Hallanger: I know, that's how presidential elections should be handled.

Saerain: No, I mean...

nixonsnow:

Paragon Fury:
Good for Bethesda.

I hope they get to see Mojang driven before them.

I don't know if you're being sarcastic or not, but I agree. Too many Mojang fanboys on here, crying over this. Mojang should just change the name. I mean, "Scrolls"? Really? Show some imagination, plug.

Lack of imagination in the game title has nothing to do with this case. They have a right to name the game "scrolls". Bethesda does not own that word.

nixonsnow:

Cat of Doom:
Huh, if this was EA instead of Bethesda suing over something this silly, the internet will be set alight with rage, everyone boycotting the old republic and the next dragon age game, comparing EA to the devil and slandering origin for some reason. Some developers like Bethesda and others *Cough* Valve *Cough* get free passes when they pull dick moves I suppose.

The only reason everyone is getting so emo about this on here is because they're all fanboys of Mojang...last years winner for "Best Game Company" or whatever the title was, on this site. They beat out legitimate game companies because of one game. Really? Way too many fanboys.

Which affects the case how? Even if every one of us were Notch fanboys, that doesn't change the fact that Bethesda does not own the word "scrolls".

It's simple. No one hears the word "scrolls" and thinks of Oblivion or Morrowind, every game in the series is known by it's subtitle. Hence, Bethesda has no case as far as brand recognition goes.

How exactly are they going to use user comments as evidence? Users are anonymous. They can be Bethesda employes as far as we know, or just regular trolls. User comments can't be considered as evidence for either side of the argument. If you want user comments to count, get those people who commented and put them on witness stand. That's the only way their comments would count as evidence.

"Scrolls has multiplayer, yo' playin' with me?"

"Oh, I was just about to buy that!"

"Why did you buy Elder Scrolls?"

"Oh, you meant Notch's Scrolls...LOL"

On second thought, I shouldn't say that, Bethseda might take it out of context.

nixonsnow:

Cat of Doom:
Huh, if this was EA instead of Bethesda suing over something this silly, the internet will be set alight with rage, everyone boycotting the old republic and the next dragon age game, comparing EA to the devil and slandering origin for some reason. Some developers like Bethesda and others *Cough* Valve *Cough* get free passes when they pull dick moves I suppose.

The only reason everyone is getting so emo about this on here is because they're all fanboys of Mojang...last years winner for "Best Game Company" or whatever the title was, on this site. They beat out legitimate game companies because of one game. Really? Way too many fanboys.

Or maybe they're defending an underdog from being bullied by a larger company. While fanboyism may or may not be a factor here, you can't deny that suing someone because of one word is kind of stupid. Now if Notch had just named the game "The Scrolls of Elder" then yeah, Bethesda would have a legitimate case. But the fact that it's over one common word in the English language, they're starting to sound more like playground bullies than sensible adults. In other words, you can't sue a small Indie company over a word in the English language and NOT expect to get retaliation from the fans, especially since Bethesda is saying that people wouldn't be able to differentiate between them. And if they're really doubting that, perhaps they should just increase the size of the "The Elder Scrolls" part of their title. Not only that, but Notch did offer other ways of side-stepping the lawsuit. After all, why should Mojang just automatically be required to change the name? Why can't they have a right to name their game what they want? Is it because they're an Indie developer that they should bow to whatever the bigger corporations want? No, otherwise they'd have several bigger companies knocking on their door requesting that they hand over all of their intellectual properties and rights because they were being "taken over" by such and such company.

As for the "Best Game Company" thing, that was an OPINION poll. Escapists voted for their FAVORITE company based on their performance over the course of the year. Mojang made a great game and a lot of people wanted Mojang to win because of their amazing success. For God sakes man even fans of Bethesda are seeing how stupid this lawsuit is. Next thing you know, someone's going to knock on your door offering you a lawsuit and compensation because you two have the same name. Also this game is still in production so all that Bethesda could use against Mojang are pre-rendered cutscenes, and many a gamer knows that more often than not, pre-rendered cutscenes aren't very good indicators of what the final product will look/play like. And they also want to use photographs and user comments as evidence, which is weird because a large percentage of people on the internet are sarcastic trolls, and photographs can only explain so much of an abstract idea. Unless people are walking around with a cocked eyebrow I doubt they'll be able to tell that they are confused over whether they're playing Mojang's "Scrolls" or Bethesda's "Skyrim".

I vote for the judge who rules that they should have the Quake 3 Deathmatch.

But in all seriousness: Really Bethesda? Its that big a deal?

Avatar Roku:
Which affects the case how? Even if every one of us were Notch fanboys, that doesn't change the fact that Bethesda does not own the word "scrolls".

It's simple. No one hears the word "scrolls" and thinks of Oblivion or Morrowind, every game in the series is known by it's subtitle. Hence, Bethesda has no case as far as brand recognition goes.

Exactly. I almost wish the judge would order Notch to drop the scrolls game and use something more, like Oblivion. Its obvious Bethesda consider that word as a simple subtitle as all its brand recognition rests in "Elder Scrolls"...

Fairly dissapointed with Bethesda for this, hoped they'd not fall to the level of such infamous companies as EA and Activision. But I suppose the more money a publisher earns the more dickmoves it allows them to pull..

Siege_TF:
Know what I called Morrowwind? I CALL IT MORROWWIND.
Know what I called Oblivion? I CALL IT OBLIVION.
Know what I call ths lawsuit? I CALL IT A TRAVESTY.

Personally I call it Morrowind, but each to their own.

PoisonUnagi:

Well, the colour purple is copyrighted by Cadbury... true story. Apparently it's not that hard.

Wait, really? So no other confectionary company can use that same colour purple?

Wow.

This is so stupid I can't believe anybody took this to court. I mean, as was mentioned, even they put the "Elder scrolls" in small letters on the package and put Morrowind or Oblivin or Skyrim in big thick letters and nobody even calls it by full name.

I suggest somebody gets on and makes a game called "Elder" that's a retirement home sim and then sue Bethesda after they release Skyrim.
My other suggestion - if Bethesda wins, Gene Roddenberry's heirs should sue George Lucas for calling Star wars after Star trek - and you know what, that would make more sense since, I know people who actually do mistake these two.

BlackWidower:

Blizzard should also sue Mojang because Warcraft sounds remarkably similar to Minecraft.

See funnily enough I actually HEARD someone confuse these two.

No one calls the Elder scrolls game by 'ElderScrolls: [Insert title here], they call it by the [Insert title here].

It's a joke. I don't play Mojang's games. I'm not a fan, but I know enough to see when one company is being a dick. And it really is that cut and dry. And how could you have turned down a publicity stunt like a resolution via Quake Deathmatch? I mean seriously. Are drugged monkeys head of their legal department?

nixonsnow:

Paragon Fury:
Good for Bethesda.

I hope they get to see Mojang driven before them.

I don't know if you're being sarcastic or not, but I agree. Too many Mojang fanboys on here, crying over this. Mojang should just change the name. I mean, "Scrolls"? Really? Show some imagination, plug.

Seriously, right? When the school bully wants you to give him your lunch money, you shouldn't be a baby about it; you should give him your lunch money.

When a drug pusher offers you some crack cocaine, you shouldn't be a goody-two-shoes baby about it; you should snort some crack cocaine.

I see you're Canadian. When the French are being bullying assholes all over your land, you shouldn't be a baby about it being your home and wage a Seven-Years' War; you should let the French step all over your shit.

When a shitty next door neighbor wants you to tear your garage down so he can see your neighbor's lawn on the opposite side, you shouldn't be a baby about it being your fucking property; you should knock your garage down for your shitty neighbor.

When a litigious and sanctimonious software company tells you to change your intellectual property, you shouldn't be a baby about it being your fucking property; you should cow yourself to them and change your property.

Seriously, man. Are you trolling, or some kind of bizarre socialist libertarian?

"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."

lol Gotta love Notch. Good luck to him, I hope he kicks Bethesda ass.

Sorry Mr Lucas but your new film "Star Wars" is clearly an infringement on the rights we have with "Star Trek" and an imitation obviously meant to deceive the public into watching your title mistaking it for ours, this is very obvious when you see how both contain space ships, lasers and alien species, change the name to something else or face lawsuits.

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