Interesting how this is an issue with videogames and yet with movies and books I hardly hear a peep when someone comes out with the exact same title for a product of the same media within a year or two. This is Langdell fever that Bethesda is having, and they are going to end up only hurting themselves when Notch and Mojang win the case. Notch states he likes Bethesda so he might not countersue, but even if he doesn't the publicity against Bethesda will get even worse against them. Which is a shame. They would do themselves a favor at dropping this matter and finding new lawyers who don't also work for album companies and/or the RIAA.
Fensfield said:
I like the concept myself that Mojang put out for Scrolls. As it stands, I don't plan to buy Skyrim or any other Elder Scrolls games. Not now.
If I was able to make the trip, and Mojang decided to have their Minecraft release event on 11-11-11 anyway, I would go there, sending Bethesda a 'Wish You Were Here!' postcard.
Baresark said:
This is not just "lawyers being lawyers". There is no such thing. They are not acting without a go ahead from Bethesda. Notch is just looking at this as positive as possible. They would need to prove that there is confusion in a court, just like the Amazon/Apple fiasco where Apple tried suing for the phrase, "app store". They couldn't prove the confusion existed so they lost. I am quite sure the same rules would apply. They want to do this to scare him into folding. Whether he does or not is a completely different story. Should be interesting.
He stated Bethesda doesn't have a strong case, and I am inclined to believe. For one, he has plenty to use off the court case that got Langdell shut down. Two, Bethesda can't legitimately claim that people know the Elder Scrolls games by the name, Elder Scrolls. From Morrowind at least it has been: Morrowind, Oblivion, and now Skyrim. Notch can thank Bethesda's publicity department for that last. No case for confusion there. Also there is a third. Gametype. Scrolls is not an RPG, it is not an MMORPG. It is an Online CCG.
The only people who won't be able to tell the difference are people who don't even use a computer.
Keep in mind also that Scrolls is actually more Jeb's baby, and that Notch is only the wacky godfather. I plan to wait and see what Jeb has to say about it, as beyond just Mojang, he stands to take a hit from this if things go the wrong way.