Bethesda Doesn't Enjoy Being "Forced" into Mojang Lawsuit

[Pyrian]

"We wanted to end things in a friendly way where we met them half-way," said Markus "Notch" Persson.

Ugh, no he did not, he offered to change it to "Scrolls: (insert subtitle)" which doesn't address the problem at all, Notch is being just as silly as Bethesda on this one

Well, he might've had more luck if he hadn't offered to change it to "Scrolls: Skyrim".

 

[Spencer Petersen]

Entertainment services in the form of electronic, computer and video games provided by means of the Internet and other remote communications device; internet games (non downloadable); organising of games; games (not downloadable) played via a global computer network; education and entertainment services in the form of cinematographic, televisual, digital and motion picture films, radio and television programs and shows; preparation, editing and production of cinematographic, televisual, digital and motion picture films, radio and television programs; entertainment services in the form of electronic, computer and video games provided by means of the Internet, mobile telephone and other remote communications device.

That is Notch's trademark parameters. Essentially making him the owner of the word Scrolls for every single game, movie, television show, or educational video that decides to use it. If people think Bethesda is being irrational for trying to dispute the use of Scrolls for computer games then why in the hell is it ok for Notch to claim ownership of the word in absolutely everything else?

Anyone who ever got a Christmas gift from a grandparent that didn't do research and just picked up the game that had the word you said on it knows that similar names affects sales. Regardless of intent, the similar names affects things.

 

[razer17]

Oh, it'll be in Sweden? Bethesda has no chance. Swedish law is very free, especially on arts and copyright. Remember that one country that refuses to believe what The Pirate Bay is doing is illegal? Yeah, that's Sweden.

Yes, that's why they gave the owners of TPB prison sentences and huge fines they'll never be able to pay, which was then held up on appeal...

Also, the Pirate Bay isn't illegal. Some of the torrents are, but there are also legal uses. Using the Pirate Bay doesn't automatically make someone a criminal.

Kinda cliched response but Bethesda if your not happy back out- your being mildly ridiculous from where Im standing.

Bethesda, call the lawyers off Notch already. You need the help stomping Interplay's balls into the ground over FOOL.

Why do you people still not get this. Did you hear what the copyright lawyer said, in the article, that you JUST read?

""Failing to protect a trademark could be damaging to an owner's rights," said Angela Bozzuti, a trademark law attorney. "Not only could it result in actual consumer confusion, but it could also weaken the strength of the mark in the marketplace. Furthermore ... it will likely weaken [Bethesda's] mark and make protection difficult and limited."

Basically, they have to file these motions just to make sure. And let's be honest, I doubt any of you are lawyers, and even if you were, it's not copyright law you study. You haven't really got a fucking clue of whether this law suit is or isn't necessary. I somehow doubt Bethesda went "Hmmm, we'd really like to dick over Notch". It's not like they are suing him for money. They're not saying they want restitution, they just want to makes sure that their trademark stays protected. I imagine the outcome of this doesn't matter to Bethesda. If they win, they were right to protect their trademarke, if they lose, then they have clarification on what the limits of it are.

 

[AdmiralCheez]

I think the success of Minecraft has gone to Notch's head.

I think you're imagining things.

Okay, I may have exaggerated a bit. But now that Notch is a multi-millionaire, I'd really hate to see his success story end in tragedy over some corporate nonsense.

Even though he's dropped the trademark application, he's been antagonistic the whole process, mocking the legal team over the internet (which is generally a bad idea). Even his proposal to add a subtitle to Scrolls just makes the confusion factor worse, since that's the format that Bethesda uses.

Err... Notch hasn't been antagonistic. He's been trying to keep things light-hearted and not take the situation more seriously than is necessary.

I agree that he's trying to make light of the situation, but sometimes I think he might not be taking it seriously enough.

I actually think that the Zenimax people have no other choice, which is a shame for both sides. But that's what you get when you let bureaucracy run the world.

If this article can be trusted, then the US Patent and Trademark office is once again to blame for legal idiocy within the videogame industry.

I despise the bureaucracy, lawyers, and politicians, so I'm a firm believer that all legal idiocy just ruins good things in every industry.

 

[artanis_neravar]

Now I'm all for protecting your copyrights and stuff, but considering that Notch has made TONS of efforts to compromise and Bethesda hasn't done jack shit, I'm going to hope that Bethesda loses; which they will, because this is in Sweden.

There is not "compromising" in copyright/trademark law

Kinda cliched response but Bethesda if your not happy back out- your being mildly ridiculous from where Im standing.

If you read it you would know that they can't back out if they do they lose their trademark on the Elder Scrolls

So... That one guy who trademarked "Edge" had a case after all? Or am I totally missing the point here?

No, in this case Notch is like the guy who trademarked edge, and Bethesda is getting in at the ground floor to cover their asses.

 

[DSK-]

He could be really clever and use something like "Scrowls" or "Scrawels". I very much doubt they'd be able to copyright a word that sounds like a copyright but is completely different.

 

[Mr Pantomime]

Whats an Elder Scroll and why does Bethesda care? None of their games are called "The Elder Scrolls". Theyre called things like Oblivion and Skyrim and Morrowwind and Daggerfall. Talk about confusing the customer.

 

[Etteparg]

All I hope is that Notch gets demolished in court because he could have stopped this if he wanted to. Quit being a ***** and just change the name.

 

[Kargathia]

Summary? American Copyright Law is an ass and desperately needs to be changed.

I agree. This would have worked if the copyright claim was before the internet, in an age where people would only rarely come into contact with anything we find trivial today, but now with the internet anyone with two halves of a brain cell to rub together can look up any two games on Wikipeida with similar names and see who developed/published them.

And yet, the internet also proves that many people prefer to use those two brain cells to watch porn.

That being said: it is getting clearer every news item that this lawsuit has nothing to do with actual name recognition, and everything with the intricacies of copyright law. Now I know that drafting working laws is hellishly difficult, but maybe it indeed is time somebody took a long, hard look at US copyright laws?

 

[JediMB]

Okay, I may have exaggerated a bit. But now that Notch is a multi-millionaire, I'd really hate to see his success story end in tragedy over some corporate nonsense.

Well... Notch isn't a multimillionaire.

Most of the money's gone into Mojang, and while Markus Persson (Notch) is on the board of directors (along with Carl Manneh - Managing Director - and... Jakob Porser, I think), his role within the company is primarily that of a developer.

 

[StriderShinryu]

Why do you people still not get this. Did you hear what the copyright lawyer said, in the article, that you JUST read?

Pssh, that's assuming two rather large things. First, that they actually did read the article. Second, that if they did read the article they did so without their official Escapist User Base branded "Big Companies Are Evil!" glasses on.

As has been spelled out in this article, and many others (including the originating Kotaku article written by former Escapist head honcho Russ Pitts, who so many seemed to respect so mightily), this is a legal issue caused by laws that have little to do with being nice or turning the other cheek. If Beth/Zeni doesn't protect their trademark as stated by law then, as case law goes, they will be putting themselves in a legal position to be taken advantage of later on.

You people keep using the word 'Draconian' then Margaret Weis and Tracy Hickman may have a lawsuit as well : P

lol As a major DragonLance fan, I most admit I chuckled at that.

 

[AdmiralCheez]

Fun Fact: On the official Scrolls website, (scrolls.com), the words "Scrolls is a trademark of Mojang" appear at the bottom. Maybe they didn't drop the trademark application after all?

 

[Eggbert]

So... That one guy who trademarked "Edge" had a case after all? Or am I totally missing the point here?

No, IIRC he had just trademarked it for kicks and was suing everyone who used it, whereas Bethesda and Mojang have actual properties under the respective names.

That said, I don't blame Bethesda here. I blame the idiotic trademark law system they have to operate under. The names are different, the games are different, and it's not like Scrolls will end up on a shelf any time soon.

 

[Spencer Petersen]

Trademark Law is stupid. You want to trademark a phrase like Elder Scrolls fine, but then no-one can use any of the words in that phrase. Even though the constituent words are used in everyday language. No that's wrong.

Using this logic you now cannot name a game:
Gears
War
Bad
Company
Call
Duty
Elder
Scrolls
Grand
Theft
Auto
Need
Speed
etc

I could go on. Obviously it does not take long before most of the dictionary is gone.

I don't particularly blame Bethesda as they are doing what the law allows. This law needs reform quick as it is not moral to have ownership of commonly used English words. You make up a word, then fine. But otherwise hands off of corporate ownership of single words.

You can make games with those titles, but you cant trademark them for personal profit and expect to get away with it.

"GEARS OF WAR" is a registered trademark of Epic Games, Inc.

"GOD OF WAR" is a registered trademark of Sony Computer Entertainment of America Inc.

Those two are much closer than "The Elder Scrolls" and "Scrolls" are, but I don't recall any trademark disputes there.

We probably didn't hear about it, but because trademark disputes happen all the time, and are settled mostly behind closed doors, we probably only hear about 1% of trademark disputes between high profile games alone. If Epic didn't dispute the title when Sony applied for a trademark then their lawyers weren't doing their job correctly. Notch decided to make this public to stir up internet rage to reinforce his weak legal standing, that is why we heard about it.

 

[CardinalPiggles]

A. If calling their new game Scrolls was a deliberate attempt to confuse people into buying what they think is The Elder Scrolls, it would have been a piss poor job.

B. They would have to remove two words from Bethesda's TM to make a game called Scrolls, not one. Their TM is THE ELDER SCROLLS.

C. Bethesda surely had the ability to call off the law suit before it was finalised, if they did not want this happen as much as Mojang didn't.

 

[kebab4you]

As shit as it is, I can see why they are going through with this, since American Copyright Law is shit and this count as a case and leaving it alone would mean it´s okey for other companies to do the same.

All I hope is that Notch gets demolished in court because he could have stopped this if he wanted to. Quit being a ***** and just change the name.

Swedish court so Bethesda don't stand a chance.