Another good reason why Bethesda doesn't have any right to the word Scrolls

[thelonewolf266]

I love how a lot of people think Bethesda are sueing Mojang for no other reason than greed.

If you saw what Notch wanted to cover with his copyright of 'Scrolls', then people would probably think differently.

Agreed but notch has said he offered to change the name to scrolls with some subtitle or even withdraw the the trademark claim entirely but Bethesda or zenimax said no.

So really we have no idea who is in the right with the limited information we're being given and seeing as Bethesda haven't offered up anything I would be more inclined to side with Notch at the moment.

 

[Bluntman1138]

Just two observations: Star Wars is a title consisting of TWO words. Much like the ELDER SCROLLS. If Lucasfilm tried to sue someone for using those two words in the same order for the title of a space opera, they would be absolutely right to do so. But if they tried to, say, sue thje makers of Star Trek for using one of the words in the title of a fairly similar series (similar in that it has to do with space, I'm well aware of the difference between space opera and hard science fiction), or if someone made a movie simply called "Star" and got sued by Lucasfilm for using one of the two trademarked words, that would be a jerk move.

But Star wars was nothing like Star Trek, so there would be no infringement of the IP. And since Star Trek came before Star Wars, then Lucas couldn't sue at all.

And Lucas couldnt sue someone for making a movie called Star, unless it was similar to Star Wars IP. Same as Roddenberry wouldnt have been able to sue Lucas for Star Wars, they were 2 distinctly different IP's.

Again, this issue is not just about one word. It is about the IP surrounding the word, with the word invloved. So go make sci-fi movie called just "Star" if you want. But what would it be about? THAT IS THE ISSUE!

 

[unoleian]

PS. Before Oblivion, Morrowind was referred to as Elder Scrolls, because it was the only one at the time. Just as "A New Hope" was simply called Star Wars before Empire.

You do know there were two other Elder Scrolls games before Morrowind, and a couple of spin-off "Adventures" titles, right?

 

[generalvash]

Just two observations: Star Wars is a title consisting of TWO words. Much like the ELDER SCROLLS. If Lucasfilm tried to sue someone for using those two words in the same order for the title of a space opera, they would be absolutely right to do so. But if they tried to, say, sue the makers of Star Trek for using one of the words in the title of a fairly similar series (similar in that it has to do with space, I'm well aware of the difference between space opera and hard science fiction), or if someone made a movie simply called "Star" and got sued by Lucasfilm for using one of the two trademarked words, that would be a jerk move.

And secondly, what do you mean Morrowind (aka "The Elder Scrolls 3") was the only E.S. game before Oblivion? Where were Arena and Daggerfall then?

But . . . Star Wars came after Star Trek, by about a whole decade.

Also, I find it absolutely hilarious that everyone is ragging on Bluntman for insinuating that TES3 was the only game in the series before Oblivion.

 

[Bluntman1138]

I don't care if Bethesda(Or whatever part of them) is suing Mojang for the use of a word, or copyright, or whatever. I don't see how people could confuse a AAA action-RPG title with a stupid card game, but I digress.

But if the CCG is a Fantasy Based game, could you conclude that it may be based of the Elder Scrolls without knowing all this legal stuff going on? And lets say they got the Trademark or Copyright for "Scrolls" then made the game into an RPG video game. Bethesda would NOT be able to call their games "The Elder Scrolls" anymore. THAT is what the suit is about.

It isnt about the Big Evil Corporation trying bring the little man down. It is about the Little Dick company trying to ride the coat tails of a bigger Corporation, and take a stab at them in the process.

And seeing how Notch is just trying to make it all out to be some joke, in order to gain attention and or sympathy, isnt helping the matter at all.

There are Thousands of names they could call their Fantasy based CCG. But why name it Scrolls? And why try to get a blanket trademark on the word "Scrolls". Honest mistake (which is easily fixed with a different name) or is there something more going on?

 

[Bluntman1138]

You do know there were two other Elder Scrolls games before Morrowind, and a couple of spin-off "Adventures" titles, right?

Wow, the number of people that dont read an entire thread before commenting is astounding here at the escapist.

 

[Bvenged]

I call it Elder Scrolls often as do my friends.

 

[generalvash]

You do know there were two other Elder Scrolls games before Morrowind, and a couple of spin-off "Adventures" titles, right?

Wow, the number of people that dont read an entire thread before commenting is astounding here at the escapist.

Don't discredit people that much, I think you're statement was just that pants-on-head-retarded. Then, they commented hoping that the sheer number of responses to the post would convey to you a sense of just how dumb it was.

If you weren't trying to give off the sense that you know what you're talking about, I'd almost say you were trolling.

 

[diamount]

What you are forgetting the trademark put forward by Mojang includes all media, yes that means video games as well. So if Mojang win the case then they can hypothetically ask Bethesda to cease and desist. Although I remember Notch saying they'll drop that particular trademark but then they were having none of it

 

[RedDeadFred]

Whenever I hear someone talking about an Elder Scrolls game they tend to call the game Morrowind, Oblivion, or Skyrim. I don't get why they're so protective of a word that they barely use.

Again, all the arm chair lawyers need to wait until REAL details of the lawsuit are actually made available to the public, and first arguments are heard. There is no need for all the speculation and assumptions, that logically just doesnt hold up. Much like your argument.

Pretty much just this. Everyone is pretending that they know everything about this but in reality, the majority of the information is coming from Notch's Twitter feed and he has made it pretty clear that he is trying to cause a public uproar.

 

[Robert Ewing]

Mojang are relatively rich. Bethesda are rich also, and have lawyers.

Bethesda's legal team will fuck Mojang over until the end of time as long as Mojang have money.

 

[generalvash]

There was an article posted earlier in the thread that did an exquisite job of convincing me to not care about this case until it's over.

This is the link in case anyone managed to miss it: http://howtonotsuckatgamedesign.com/?p=3327

 

[lacktheknack]

I love how a lot of people think Bethesda are sueing Mojang for no other reason than greed.

If you saw what Notch wanted to cover with his copyright of 'Scrolls', then people would probably think differently.

I saw it, and facepalmed.

But, under the conditions of applying for the trademark ("Well, we're trademarking Minecraft, we may as well trademark Scrolls") and based off of what I know of Notch (a little bit oblivious, well-meaning and not-well-planned), and assuming that Notch isn't a terrifying Bond villain who wants to crush the entire industry under his shoe, then I'm assuming it was a mistake, or he took the "comprehensive" forms.

 

[Dimitriov]

Besides the fact that it's a pretty common word... especially for particular genres,

nobody associates it with them anyway.

I don't think I know anyone who calls Elder Scrolls games "Elder Scrolls..."

Whenever I hear someone talking about an Elder Scrolls game they tend to call the game Morrowind, Oblivion, or Skyrim. I don't get why they're so protective of a word that they barely use.

That's because your not a lawyer

There is a reason and it is based on copyright law not common sense or even marketing.

 

[Daystar Clarion]

I love how a lot of people think Bethesda are sueing Mojang for no other reason than greed.

If you saw what Notch wanted to cover with his copyright of 'Scrolls', then people would probably think differently.

I saw it, and facepalmed.

But, under the conditions of applying for the trademark ("Well, we're trademarking Minecraft, we may as well trademark Scrolls") and based off of what I know of Notch (a little bit oblivious, well-meaning and not-well-planned), and assuming that Notch isn't a terrifying Bond villain who wants to crush the entire industry under his shoe, then I'm assuming it was a mistake, or he took the "comprehensive" forms.

I fully believe that Notch is a nice guy, but I also believe he has little grasp on the importance of trademark and copyright law and he should have hired himself a competent lawyer to deal with this in the first place.

Of course Zenimaz's lawyers are going to pounce on him.

 

[unoleian]

You do know there were two other Elder Scrolls games before Morrowind, and a couple of spin-off "Adventures" titles, right?

Wow, the number of people that dont read an entire thread before commenting is astounding here at the escapist.

I guess somebody'getting a little uppity about being repeatedly corrected. Apologies for my heinous efficient time-management. Keeps attention spans short.

Fine. I'll just correct you on something else no one else seems to have bothered correcting you on, unless I missed it.

The Elder Scrolls is indeed a registered trademark. Says so right on the box...