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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
Posts: 4098
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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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Syd Lexia
Site Admin
Title: Pop Culture Junkie
Joined: Jul 30 2005
Location: Wakefield, MA
Posts: 24886
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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
Posts: 11244
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Fighter_McWarrior
Title: Gun of Brixton
Joined: Jun 05 2011
Location: Down by the River
Posts: 1087
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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
Posts: 10376
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Optimist With Doubts
Title: Titlating
Joined: Dec 17 2007
Posts: 5042
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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
Location: Hiding
Posts: 7565
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Ky-Guy
Title: Obscure Nintendo Gamer
Joined: Jul 19 2006
Location: Michigan
Posts: 1418
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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
Location: Pennsylvania
Posts: 3112
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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
Joined: Jun 05 2011
Location: Down by the River
Posts: 1087
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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
Location: Hiding
Posts: 7565
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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
Location: Michigan
Posts: 1418
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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
Location: Pennsylvania
Posts: 3112
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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
Posts: 16135
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| Klimbatize wrote: |
| I'll eat a turkey sandwich while blowing my load |
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