Bethesda Says Mojang's Scrolls Infringes on Elder Scrolls Mark
- Thread starter Andy Chalk
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I dunno, Minecraft has had great sales, but I wouldn't call yet another patch for it competition for a new game from a AAA studio. As cool as 1.8 looks, I doubt it'd compete much. Also, don't discount console gamers, they easily outnumber PC gamers for gross sales, and how many of them can play MC on their xbox or playstation?EverythingIncredible said:
Either way, I hope Zenimax realizes how stupid a move this is, no one likes a big corporation targeting a little indie group. If this thing goes too far, it's gonna lead to some stupid boycott that won't really affect sales, but will fling more poo at Bethesda's reputation.
Bethesda, you make good games. Sit back and make them. Don't embarrass yourself with bullshit like this.
Edit: Never mind, Bethesda. Stay Classy. But tell Zenimax to shut the fuck up.
Edit: Never mind, Bethesda. Stay Classy. But tell Zenimax to shut the fuck up.
I hope that Bethesda realizes how much this will hurt themselves, as well as their fanbase, if they go through with this. If they were smart, and I like to think that they are, they'd drop these shenanigans and continue on as normal. No one's going to confuse "The Elder Scrolls 5: Skyrim" with "Scrolls". That's like confusing "Halo: Combat Evolved" and "Front Mission Evolved".
well its silly, but it just seems like an automated response. Im sure Bethesda would have more class than to send such a letter if they were actually serious.
Bethesda: "Hey! That's OUR word!"
Everyone else: "...Scrolls scrolls scrolly scrolls all over my scrolls and the scrolls of my scrolls."
Really though, Bethesda. This is about the worst kind of thing you can do for your image. Scrolls has little to nothing to do with TES besides the name and the fact that it uses fantasy tropes. In fact, one could argue it's a completely different genre of game.
Also, after typing the word "scrolls" over and over again, I've just noticed how weird that word is.
Everyone else: "...Scrolls scrolls scrolly scrolls all over my scrolls and the scrolls of my scrolls."
Really though, Bethesda. This is about the worst kind of thing you can do for your image. Scrolls has little to nothing to do with TES besides the name and the fact that it uses fantasy tropes. In fact, one could argue it's a completely different genre of game.
Also, after typing the word "scrolls" over and over again, I've just noticed how weird that word is.
They are trying to trademark common words now? It?s not like they even have the same name, it?s just part of the name. Are they going to trademark "the" and "elder" too? I could kind of understand them being pissed if Mojang?s game was also very similar to their games but it doesn?t sound like it is. It's a strategy game and its called scrolls because you actually use magic scrolls.
Surely they don't have a leg to stand on with this? I can't imagine them winning in court.
Surely they don't have a leg to stand on with this? I can't imagine them winning in court.
And why shouldn't they defend their trademarks? They've done the right thing by Notch informing him nice and early. Well before he'd face any real costs re-branding. Chances are h applied for a trademark of the word Scrolls for his game, it triggered their lawyers as a possibly infringing trademark and they jumped to the defense of their franchise. If you think this over zealous then trust me it not its just part of doing business
I think a lot of this stems from how trademark law actually works.
If you don't actively enforce your trademark rights, you lose the trademark. Therefore it is safer to chase after anything that even remotely resembles infringement than to wait until a later date and hope you catch anything that is big enough to warrant trouble.
Basically, if Bethesda lets this slide without any trouble, and then next year some random person tries to make an "Elder Scrolls" game, they could cite Mojang's "Scrolls" as proof that Bethesda has not enforced, and therefore no longer has rights to their "Elder Scrolls" trademark.
Regardless of how much of a case Bethesda has, they have no choice but to take action in this situation. The outcome isn't important to Bethesda, as Mojang isn't stealing actual content nor trying to mask his game as one of theirs and therefore will not cause them any damage either way but the act of defending the trademark against something that could be remotely considered infringement is, however, very important to Bethesda.
If you don't actively enforce your trademark rights, you lose the trademark. Therefore it is safer to chase after anything that even remotely resembles infringement than to wait until a later date and hope you catch anything that is big enough to warrant trouble.
Basically, if Bethesda lets this slide without any trouble, and then next year some random person tries to make an "Elder Scrolls" game, they could cite Mojang's "Scrolls" as proof that Bethesda has not enforced, and therefore no longer has rights to their "Elder Scrolls" trademark.
Regardless of how much of a case Bethesda has, they have no choice but to take action in this situation. The outcome isn't important to Bethesda, as Mojang isn't stealing actual content nor trying to mask his game as one of theirs and therefore will not cause them any damage either way but the act of defending the trademark against something that could be remotely considered infringement is, however, very important to Bethesda.
?The Elder Scrolls? is their legacy, the word scrolls itself is not. It?s not a made up word nor is it someone?s last name. It?s the normal word for a roll of parchment. Could you imagine if someone tried to say the word ?war? was theirs and noone else can use it because they used that word in part of the title of a series?Caramel Frappe said:
I don't hate bethesda for this but it's stupid.
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.
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.
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.
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.Fensfield said:
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.
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.Baresark said:
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.
Agreed. It isn't worth the energy to hate them. I am disappointed in this kind of move they are making, and I will sorely pity them when it comes around into their face. The fallout* could potentially bite them in the ass so hard, we won't see another game made by them, ever. Though that likelihood is really small given their backers. Zenimax isn't small fry, though they do hide in the shadows quite well.DementedSheep said:
*:Any puns that occur can be taken as a moment of amusement without detracting from the point of the post. It was honestly unintentional but I'm keeping it there anyway.
Even if bethesda decide to take this to the courts, they're going to lose ; minecraft has more than 11 million people playing it (classic) and more than 2.5 million people have bought it, so no matter what bethesda tries, the community will likely boycott skyrim, and bethesda will be driven into bankruptcy.
In short, bethesda, (to vaguely quote extra credits) do not tangle with the kind of people that have more than 13 million supporters.
In short, bethesda, (to vaguely quote extra credits) do not tangle with the kind of people that have more than 13 million supporters.
"Notch, sir..."
"What is it, Nigel? I'm busy swimming blissfully naked in my money-filled swimming pool."
"Well, it's the Fallout 3 people, sir... They're here to see you."
"How quaint! Are they here for my 10:00 massage?"
"I'm afraid it's a bit more dire than that, sir."
"What is it, Nigel? I'm busy swimming blissfully naked in my money-filled swimming pool."
"Well, it's the Fallout 3 people, sir... They're here to see you."
"How quaint! Are they here for my 10:00 massage?"
"I'm afraid it's a bit more dire than that, sir."
