It's easier, cheaper, simpler and more beneficial to settle out-of-court. It won't ruin the integrity of the legal system, and the entire lawsuit only happened to protect some lawyers.jamiedf said:
Notch Challenges Bethesda to Lawsuit Deathmatch
- Thread starter Andy Chalk
- Start date
bethesda hasn't yet, they just issued a warning that they would. Also, no offense to you or others studying and into law, but the "legal process" is not exactly known for being reasonable. You could be arguing that the sun is neon pink and you would win if you payed your lawyer enough.jamiedf said:
this is why i am huge fan of looser pays. people could not slap multiple lawsuits hoping one sticks.Traun said:
and yea bethesda has gone more and more activision like over the years, i mean how the hell can you say with a straight face that calling your game "scroll" will confuse people with the "elder scrolls", course bethesda already tried it with fallout name and interplay selling the classic fallout series and their game, i forget how that turned out, but bethesda seems in full asshat mode of late.
if they were smart they would say ok to the deathmatch thing and settle it that way. then they need to look at their legal dept or leadership and make some changes asap, bethesda does not want to be lumped in with the likes of EA and activision, Ea has started to try to turn its image around, activision could not give a spit less about their pr, and bethesda is quickly nearing that point with all the, what seem to normal people at lest, petty lawsuits not designed to protect anything but to just run others into the ground because you can.
i agree with you, there shouldnt even be a lawsuit in the first place, however it has been issued at this point, and i dont think bethesda should be allowed to back out, if either side wants to end this they should settle it out of court in private, not with some novelty event like thisKing Toasty said:
Waaaaait a second...
Does this mean the whole "trial by combat" thing is coming back into fashion?!
This...is beautiful... ;.;
Does this mean the whole "trial by combat" thing is coming back into fashion?!
This...is beautiful... ;.;
They are big gaming companies, it won't be private no matter how they do it. Even if they just met and talked, a gaming news site would have it front page within 2 hours "Bethesda and Notch settle out of court, here's all that went down!!!". Its not private in any case, so why not make some publicity out of it?jamiedf said:
I'd like for you to think a second Notch mi amigo.
We're talking about the studio that is notorious for publishing games too early and releasing glitchy games. I didn't talk to members of the actual dev teams like Splash Damage, but between this lawsuit and Brink, all signs point to the heads of Bethesda being first class assholes. No, i don't think they'll throw down. They just pulled a dick move i'd expect from News Corp for fucks sake.
We're talking about the studio that is notorious for publishing games too early and releasing glitchy games. I didn't talk to members of the actual dev teams like Splash Damage, but between this lawsuit and Brink, all signs point to the heads of Bethesda being first class assholes. No, i don't think they'll throw down. They just pulled a dick move i'd expect from News Corp for fucks sake.
This kind of lawsuit is a dispute between private parties, the state is merely an arbiter.jamiedf said:
These kind of suits are settled out of court all the time. Basically, if the parties can come to an agreement on their own, they don't need to waste the state's time, or bring it into their business. And it saves everyone a lot of time and money on lawyers.
CAPTCHA: government floure. Are these context sensitive?
They ARE settling it out of court. If they want fun when doing it, it won't change anything.jamiedf said:
if they have issued a warning, then they are more then prepared to take this to court, this would include establishing a first hearing tribunal. and i honestly mean no offence with this, but its a pretty ignorant thing to argue,. its nothing to do with how much you pay a solicitor, it just so happens that better solicitors cost more.Halcyone3 said:
Why do I get the feeling Bethesda is just going to ignore this and keep suing him? Either way I would pay a fair amount of cash to get a video of that match...
Just wanted to point out that Notch tried to trademark the word "scrolls" himself[footnote]http://notch.tumblr.com/post/8519901309/bethesda-are-suing-us-heres-the-full-story[/footnote] so there is a good chance that Bethesda is trying to prevent any future Edge-like lawsuits against themselves by preemptively suing Notch. Also USA[footnote]http://www.usatoday.com/money/smallbusiness/startup/abrams-week3-intellectual-property.htm[/footnote] today along with Harvard Law [footnote]http://cyber.law.harvard.edu/metaschool/fisher/domain/tm.htm#6[/footnote] say that if a company doesn't defend against a perceived trademark infringement then they will lose it.Andy Chalk said:Notch Challenges Bethesda to Lawsuit Deathmatch
Minecraft [http://minecraft.net/] creator Markus "Notch" Persson wants to settle Bethesda's Scrolls trademark lawsuit the old-fashioned way: Quake 3 Team Deathmatch! (And he's serious, by the way.)
Earlier this month, Notch Elder Scrolls [http://www.escapistmagazine.com/news/view/112106-Bethesda-Says-Mojangs-Scrolls-Infringes-on-Elder-Scrolls-Mark] trademark. The notification demanded that Mojang rename its game or face legal action, as well as "a pile of money up front before the legal process has even started."
Things have been relatively quiet since then, presumably as the lawyers ply their trade and earn their exorbitant fees, but now Notch has decided to take matters into his own hands, throwing down the gauntlet and challenging Bethesda to settle their differences like men. "Remember that scene in Game of Thrones where Tyrion chose a trial by battle in the Eyrie?" he wrote on his blog [http://notch.tumblr.com/post/9038258448/hey-bethesda-lets-settle-this]. "Well, let's do that instead!"
"I challenge Bethesda to a game of Quake 3 [http://www.amazon.com/Quake-III-Arena-Pc/dp/B000ARB5MA/ref=sr_1_1?ie=UTF8&qid=1313593246&sr=8-1]. Three of our best warriors against three of your best warriors. We select one level, your select the other, we randomize the order. 20 minute matches, highest total frag count per team across both levels wins," he wrote. "If we win, you drop the lawsuit. If you win, we will change the name of Scrolls to something you're fine with."
Regardless of the outcome, he said he would still be willing to include a notice somewhere stating that Mojang's game is not related to the Elder Scrolls series, if Bethesda wants it included. And he's not kidding around, either. "I am serious, by the way," he added.
Well, Bethesda? What say you?
Thanks to TheGuy(wantstobe) [http://www.escapistmagazine.com/profiles/view/TheGuy%28wantstobe%29] for the tip.
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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.Kwil said:
like i said, i appreciate the idea, but the way that he has gone about it pisses me off a little