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			Lady_Satine
		
		 
		
			
				
			 
			
				
			 
			
			
				Title: Head of Lexian R&D
			 
			
				Joined: Oct 15 2005
			 
			
				Location: Metro area, Georgia
			 
			
				Posts: 7287
			 
		
		 
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				It looks like Bethesda and Mojang, the team behind Minecraft, are the latest set of gaming companies involved in a legal dispute. This one is over the indie developer’s use of the term “Scroll”s in an upcoming game title. Bethesda is less than happy with the word choice, asserting that it will create confusion, causing damage to their longstanding Elder Scroll series of RPGs. Doesn’t make any sense? Well then you’re not a lawyer.
 
 
Bethesda, through their legal team, contacted Markus Persson (usually known as Notch) and asked for more information about Scrolls. This is a far cry from a lawsuit, but when it’s followed up by a 15 page legal document telling Notch to refrain from using the term in his next game them, things get a bit more serious. (As far as we know there has been no lawsuit yet, but in the title of his blog post Notch did write “Bethesda are suing us”.)
 
 
For their part Bethesda and their Swedish legal council don’t seem to want to play ball with the up-and-coming Mojang, who’ve done extremely well with Minecraft but lack the deep pockets of a major publisher. Minecraft has proven that Notch and his team know how to succeed and despite the ridiculousness of prohibiting another company from using an unadorned word (Notch said he was willing to agree to never put a word ahead of “Scrolls”), this does seem to fall under the category of routine trademark protection. He objects to the Bethesda’s claim that their Elder Scrolls trademark prevents the use of the word “scrolls” (and presumably “elders”) by other gaming companies, but is willing concede come ground as the word is clearly in their title.
 
 
Bethesda does come off as looking like the evil empire in this situation. Notch has already alluded to them being the next Langdell, as in Tim Langell, the game developer and founder of Edge Games. Langdell claims to hold the trademark for the word “edge” as it related to video games, and has sued, multiple times, to protect it. He sued EA in response to Mirror’s Edge and Mobigames for their iPhone game Edge. (If you haven’t figured it out by now, comparing Bethesda to Langdell’s antics was not a compliment.)
 
 
Notch's solution to the matter? Trial by combat via Quake III.
				 
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				 "Life is a waste of time. Time is a waste of life. Get wasted all the time, and you'll have the time of your life!"   | 
			 
		 
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			Black Zarak
		
		 
		
			
				
			 
			
				
			 
			
			
				Title: Big Coffin Hunter
			 
			
				Joined: Feb 01 2006
			 
			
				Location: Phyrexia
			 
			
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				That's pretty bullshit of Bethesda, considering the name is just "Scrolls" and is most likely a completely different type of game, presumably only on PC, with entirely different graphics. I don't see how that could hurt sales of Skyrim through "confusion." "Oh whoops! I meant to buy a super involved hack and slash RPG but instead accidentally bought an indie game that uses one word of the other game's five word title as it's own title because I'm a moron! And also, I somehow bought it at Gamestop even though it probably wouldn't be available there!"
				 
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REVIEWS, LEGOS, NONSENSE Check out Zarak's Barracks!
"Let that be a lesson to you, your family and everyone you've ever known..."
 
"Thanks to denial, I'm immortal!"   | 
			 
		 
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			Syd Lexia
		
		 
		
			
				Site Admin
			 
			
				
			 
			
			
				Title: Pop Culture Junkie
			 
			
				Joined: Jul 30 2005
			 
			
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				I'd be more confused if someone released a game called Rimjob, cuz everytime I hear the name Skyrim, that's what I think of.
				 
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			GPFontaine
		
		 
		
			
				
			 
			
				
			 
			
			
				
			 
			
				Joined: Dec 06 2007
			 
			
				Location: Connecticut
			 
			
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			Fighter_McWarrior
		
		 
		
			
				
			 
			
				
			 
			
			
				Title: Gun of Brixton
			 
			
				Joined: Jun 05 2011
			 
			
				Location: Down by the River
			 
			
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				Bethesda makes a lot of stupid arguments in their legal disputes.
				 
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			Blackout
		
		 
		
			
				
			 
			
				
			 
			
			
				Title: Captain Oblivious
			 
			
				Joined: Sep 01 2007
			 
			
				Location: That Rainy State
			 
			
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			Optimist With Doubts
		
		 
		
			
				
			 
			
				
			 
			
			
				Title: Titlating
			 
			
				Joined: Dec 17 2007
			 
			
				
			 
			
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				Dude you gotta credit articles when you take their info verbatim
				 
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			UsaSatsui
		
		 
		
			
				
			 
			
				
			 
			
			
				Title: The White Rabbit
			 
			
				Joined: May 25 2008
			 
			
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			Ky-Guy
		
		 
		
			
				
			 
			
				
			 
			
			
				Title: Obscure Nintendo Gamer
			 
			
				Joined: Jul 19 2006
			 
			
				Location: Michigan
			 
			
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				Hold on, isn't the word "Scrolls" public domain, anyway? It's not like Bethesda came up with the word before anyone else.
				 
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| Syd Lexia wrote: | 
 
| iPhone games are what you play when you can't get at actual games. You know, like how sometimes alcoholics drink mouthwash. | 
 
 
| Lexiabot9000 wrote: | 
 
| Your love life will be happy and harmonious if you stick to masturbating. | 
 
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			Greg the White
		
		 
		
			
				
			 
			
				
			 
			
			
				
			 
			
				Joined: Apr 09 2008
			 
			
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				I think Bethesda just wants its P.R. team on its toes by making the legal department make them look completely stupid from time to time.
				 
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				 So here's to you Mrs. Robinson. People love you more- oh, nevermind.   | 
			 
		 
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			Fighter_McWarrior
		
		 
		
			
				
			 
			
				
			 
			
			
				Title: Gun of Brixton
			 
			
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| Ky-Guy wrote: | 
 
| Hold on, isn't the word "Scrolls" public domain, anyway? It's not like Bethesda came up with the word before anyone else. | 
 
 
No. You actually owe $5 to Bethesda for using it just now.
				  
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			UsaSatsui
		
		 
		
			
				
			 
			
				
			 
			
			
				Title: The White Rabbit
			 
			
				Joined: May 25 2008
			 
			
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| Ky-Guy wrote: | 
 
| Hold on, isn't the word "Scrolls" public domain, anyway? It's not like Bethesda came up with the word before anyone else. | 
 
 
You can't copyright a phrase , but you can trademark it.  Since they have the phrase "The Elder Scrolls" trademarked, nobody else can use that name for their video game.  It doesn't give them full reign to all uses of the term (you could still open The Elder Scrolls Bookstore, or Elder Scrolls Used Car Emporium), but it does give them rights to the phrase in the realm of video games. 
 
It's kind of a stretch saying the trademark applies to the word "Scrolls", unless there's a chance the two could be confused.  If Notch is making a high fantasy RPG, they've got a possible issue there.  If it's a puzzle game, Bethesda has less of a case.
				  
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			Ky-Guy
		
		 
		
			
				
			 
			
				
			 
			
			
				Title: Obscure Nintendo Gamer
			 
			
				Joined: Jul 19 2006
			 
			
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| UsaSatsui wrote: | 
 
| Ky-Guy wrote: | 
 
| Hold on, isn't the word "Scrolls" public domain, anyway? It's not like Bethesda came up with the word before anyone else. | 
 
 
 
You can't copyright a phrase , but you can trademark it.  Since they have the phrase "The Elder Scrolls" trademarked, nobody else can use that name for their video game.  It doesn't give them full reign to all uses of the term (you could still open The Elder Scrolls Bookstore, or Elder Scrolls Used Car Emporium), but it does give them rights to the phrase in the realm of video games. 
 
 
It's kind of a stretch saying the trademark applies to the word "Scrolls", unless there's a chance the two could be confused.  If Notch is making a high fantasy RPG, they've got a possible issue there.  If it's a puzzle game, Bethesda has less of a case. | 
 
 
I understand it a little better. Thanks, Usa.   
And yeah, Bethesda still doesn't have that much of a case, anyway.
				  
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| Syd Lexia wrote: | 
 
| iPhone games are what you play when you can't get at actual games. You know, like how sometimes alcoholics drink mouthwash. | 
 
 
| Lexiabot9000 wrote: | 
 
| Your love life will be happy and harmonious if you stick to masturbating. | 
 
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			Lady_Satine
		
		 
		
			
				
			 
			
				
			 
			
			
				Title: Head of Lexian R&D
			 
			
				Joined: Oct 15 2005
			 
			
				Location: Metro area, Georgia
			 
			
				Posts: 7287
			 
		
		 
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				Scrolls is actually going to be a fantasy-themed virtual card game.
				 
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				 "Life is a waste of time. Time is a waste of life. Get wasted all the time, and you'll have the time of your life!"   | 
			 
		 
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			Greg the White
		
		 
		
			
				
			 
			
				
			 
			
			
				
			 
			
				Joined: Apr 09 2008
			 
			
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				And you know, looking at all of the Minecraft rip-offs on Xbox Indie Games (3 by my count), the fact that Notch could probably sue the shit out of any of those guys makes Bethesda's suit even more ridiculous.
				 
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				 So here's to you Mrs. Robinson. People love you more- oh, nevermind.   | 
			 
		 
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			username
		
		 
		
			
				
			 
			
				
			 
			
			
				Title: owner of a lonely heart
			 
			
				Joined: Jul 06 2007
			 
			
				Location: phoenix, az usa
			 
			
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| Klimbatize wrote: | 
 
| I'll eat a turkey sandwich while blowing my load | 
 
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