Bethesda Says Mojang's Scrolls Infringes on Elder Scrolls Mark

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UnravThreads

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Aug 10, 2009
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Hubert South said:
And yet, you buy it. Gamers are horrible, horrible consumers. Imagine if any other industry pulled this crap.
I buy it because I know that, despite the bugs, the game will be enjoyable for me. I play a number of lower-budget European games, so bugs aren't much of an issue for me.

There's also a lot of people who buy a game regardless of who made it, because they simply don't care. Those people are, after all, the ones who form the majority of game sales.
 

Simriel

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Dec 22, 2008
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Kakashi on crack said:
Andy Chalk said:

Some guy named cityeyes over the twitter stuff commented, posted a link of the trans for that photo and it apparently roughly says this: Really, insanely rough, inaccurate, and fragmented translation run through OCR software and then put through Google translate. There are a lot of words missing, but for the most part, you can fill in the blanks.


My principal creates and publishes interactive entertainment on platforms including TV, game consoles and handheld: treeless (wireless?) units. The company has a long and successful history, and is behind several award-winning games, including the world famous game series (The brand THE ELDER SCROLL) is protected concerns include + ALI entertainment goods and services, appears, then including computer and video games. In the EU, is my principal including the holders of registered Community trade marks with registration number 2840098 and 8283161.

It has come to my principal's knowledge that Mojang AB ("Mojang"), users can sign SCROLL in the marketing of an upcoming computer and/or video game. The sign SCROLL exhibits significant visual, aural and conceptual similarities with my principal brand The Elder Scrolls. These similarities, strengthened by the fact that in the entertainment industry, including computer games industry, are cases that goods and services with a common commercial origin are marketed under the characteristics that are constructed from a common brand elements. For example, the company Nintendo's world famous Mario series of games titles like Mario Brothers. and Super Mario Bros or company Blizzard's Warcraft series of games titles that feature Orcs and Humans and World of Warcraft. There is thus an obvious risk of an average consumer to get the idea that the goods and / or services provided under the sign SCROLL and The Elder Scrolls are from the same commercial origin or at least from economically-linked undertaking. Against this background, it is our notion that the use of the sign SCROLL constitutes an infringement of my principal.


http://www.reddit.com/r/Minecraft/comments/j9ydw/notchs_letter_from_bethesda_in_swedish_translate/c2acsge




OT: I love Elder Scrolls, but I have a feeling that angry fans might be crashing into them soon...
Actually, this has a legal point, in the video game industry, using a common word to distinguish different parts of the same franchise is VERY common, so on that grounds there could be confusion.
 

kyoodle

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Dec 4, 2009
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Sofus said:
After reading this, I cancelled my pre-order of Skyrim.
Isn't that quite childish? It's not like Todd Howard rounded up the artists, programmers and writers and said 'Let's sue that bastard Notch!'

As some of the others have pointed out if you aren't incredibly protective of your trademark you might lose it. Notch is the one who has lost respect from me because 1) he felt the need to run to his blog and twitter as soon as the letter turned up, knowing that a lot of people would react like you have simply because he's the underdog 2) he claimed Bethesda is suing him when it's actually Zenimax and 3)he says 'I sincerely hope Bethesda isn't pulling a Tim Langdell' when he is the one trying to trademark a single word.

And anyone saying 'duh they should sue anyone with 'the' in the title hurr hurr' please leave.
 

C-Mag

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I'd like to point out the distinction between Bethesda Softworks and Bethesda Game Studios.

Bethesda Game Studios, which is the team developing Skyrim, is just a smaller part of Bethesda Softworks and has nothing to do with the lawsuit.
 

Therumancer

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I'm of the opinion that copyright and IP laws when it comes to fantasy and science fiction properties are a huge joke, and demonstrate how the entire system needs to be worked on.

To be honest though I do not know enough about Minecraft (despite having a lifetime "subscription" from having donated fairly early on... or I should) to comment as I haven't really played it. There could be more to this than the simple usage of the name, and it could have to do with some of the content Notch/Mojang is choosing to include.

One also has to remember that copyrights need to be defended, if you knowingly let certain things go for not being "close enough" to an infrigement, when a serious infringement comes along the people responsible can then point at the other groups that were knowingly allowed to do these other things. If you don't enforce a trademark you can effectively undermine and lose it.

From what I've seen of Minecraft it's pretty much a giant sandbox, where you play largely from a first person perspective with the guy's hands showing, and most of the combat taking place with melee weapons and such. You also do crafting, can move items around, and tons of other stuff.

Just from what I've seen of the game it does bear a lot of similarities to "The Elder Scrolls" series. Now, Bethesda did not invent that type of game, and they aren't attacking it on those grounds. What they probably object to is a game that has so many similarities to their product, with a name that is also very similar and could lead to confusion.

To most of us game nerds we are aware of "Minecraft", and even if we don't play it can point to all the differances. To a more casual player who is only familiar with a big product like "The Elder Scrolls", looking at a screen shot of Minecraft guy's hands with a sword and shield fighting an exploding pig or whatever, and the title "Scrolls", it would be pretty easy for them to assume some connection despite the differances in graphical quality.

If Bethesda lets this go, someone else could say make a game called "The Old Scrolls" and directly crib off of their product, and then someone could point to Mojang and say "well they did it, so we have precedent".

The point here is that the situation is messed up, but I don't think that this is the same kind of trolling we saw with the word "Edge". The way the system works, Bethesda is kind of in a position where they have to be concerned about precedent, whether we as fans like it or not, and the superficial similarities are pretty obvious, and to someone who wasn't really all that knowlegable about games, they might be lead to the impression that there is a connection.

We also don't know all the details here either, there might have been communication between Bethesda and Notch we're not hearing about, before things went in this direction.

I also notice Notch seems to be trying to rally fans, more than anything at this point. While I've been wrong in the past, what little I know about this area of law makes me think he's going to lose badly if it goes to court.

Of course then again while I thought the movies (especially the first one) were decent, I kind of feel that "Underworld" violated White Wolf's properties. Not just because of the Vampire Vs. Werewolf thing, but the simple fact that they ripped a lot of the first movie off almost verbatim from a story called "For Love Of Monsters" that White Wolf had the rights to and was set in their universe... and understand something, I generally loathe White Wolf for reasons I won't go into, I just happen to think they were right there, and I called that one wrong. While most fanboys were going on about the whole "White Wolf didn't invent Vampires and Werewolves" and showing stylistically similar things, I think people tended to overlook the point about that paticular story and I thought that was why they deserved to win, my personal feelings aside.... the point here being that while I'm frequently right in these cases, I've been wrong in the past.... and Copyright Laws for this kind of thing are a huge mess to begin with and actually lead to battles over precedent that shouldn't ne nessicary. People have to go to court over copyrights when they might otherwise ignore the issue if it wasn't for the way the system works.
 

Saviordd1

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CezarIgnat said:
I hope they clear this up. They have stupid lawyers and I don't want them to make Bethesda look like assholes...If I remember correctly their lawyers proved how stupid they were when fighting with Interplay.

EDIT: I agree with the above people too, if this isn't just lawyers they will sadly loose a lot of popularity...
Except, you know, bethesda is completely in its rights to sue interplay and honestly bethesda still looks like the good guys in that situation.


OT: Come on Bethesda, don't be a dick. Now isn't the time to become one of "those" companies.
 

CezarIgnat

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Saviordd1 said:
CezarIgnat said:
I hope they clear this up. They have stupid lawyers and I don't want them to make Bethesda look like assholes...If I remember correctly their lawyers proved how stupid they were when fighting with Interplay.

EDIT: I agree with the above people too, if this isn't just lawyers they will sadly loose a lot of popularity...
Except, you know, bethesda is completely in its rights to sue interplay and honestly bethesda still looks like the good guys in that situation.


OT: Come on Bethesda, don't be a dick. Now isn't the time to become one of "those" companies.
I agree with the suing of Interplay, the way they handled it was done poorly. That's why the legal team was fired once if I remember correctly.
 

jawakiller

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Slick Samurai said:
If this is indeed an infringement then Bethesda is well within their right to sue the pants off of "Mojang". The idea that the creator of MineCraft gets the crap legally beaten out of him only makes it that much sweeter.
Wow... That was some mighty fine trolling right there son.

No seriously man, what the fuck?

OT: I think taking sides this early on is foolish because we don't actually know if Mojang has done any thing. If they did, Bethesda has every right to sue them (like my esteemed colleague above seems to think). But if Bethesda is just fucking with the little guy because he's just that... They're going to loose shit loads of popularity. Hell, they'll probably end up with only fans like Slick S. (AKA Haters).
 

drakythe

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To clarify a couple of points I've seen in the thread.

Scrolls (the future Mojang Game) is a separate game from Minecraft. It is not an update, nor an expansion, it is a trading card game, like MtG.

Second Notch is not wasting time portining MC to other formats. They have hired other people to do that work/contracted it out to other dev houses.

Third Notch said in his blog that they (mojang) weren't even sure if you _could_ trademark a single word title but the lawyers said to fill out the paperwork anyway. Mojang has not received a trademark for Scrolls, nor would they act like Tim Langdell if they did (this is my interpretation of their attitude, I don't know it for fact).

4th: This common word franchise linking is utter bullshit. Off the top of my head
Age of Empires/Age of Wonders/Age of Conan/Dark Age of Camelot (all Age of, NOT the same company or series)
War/starCRAFT =! does not have anything to do with the other multitude of 'craft' games out there, least of all minecraft)
CivilizationXX/Advanced Civilization(boardgame)/Galactic Civilizations (often compared, NOT the same company or series)
Minecraft/FortressCraft/thatotheroneonXBLAicantrememberthenameof
EverQuest/ProgressQuest (a game meant directly to parody EQ)
Supreme Commander/Command and Conquer
Final Fantasy Tactics/Ogre Tactics/Grotesque Tactics
Descent/Amnesia: The Dark Descent

I could go on, especially with common english words, but my point would get lost

The word is SCROLLS. Find me a significant portion of the population who refers to TES games simply as "the latest scrolls game) and I'll understand. But since anecdotal evidence thus far indicates this isn't gonna happen, I really, really wish the lawyers would fine something better to do with their time. A single word in common is very different from a title comprised of synonyms (Oldest parchment: airledge or what have you) and if the law cannot understand that then dammit write a new law.

/rant
 

DefiningReality

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I don't like where this is headed. It could be a gaff, some deep inner machinations of a large company operating without the consent of the whole, but it feels more calculated than that. It feels, with the demand for money up front and the mention of the already paid court fee, like "lawsuit bullying."

It's a common tactic (far too common). A sues B knowing that B can't possibly afford the legal muscle necessary to combat A's well paid lawyers even. Worse, often the claim is completely bogus, utterly false and disprovable, both sides know it is bogus, and it will still take millions from both parties. It is the most despicable of tactics and borders on extortion (frankly there needs to be some framework in place so what it is considered extortion).

So if it is just a gaff, we can all laugh it off since lawyers will be lawyers after all. If it is not a gaff, if Bethesda is using this tactic on anyone then there is moral defense of their actions. This tactic, whether you like Notch or not, is the equivalent of holding a knife to someone's throat until they empty their pockets.

If Bethesda doesn't correct this then they belong in the same corporate category as the Mafia and should receive no further financial support.
 

cthulhumythos

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InterAirplay said:
RealDarkelfguy said:
Well, it seems like everyone here is looking at this thing the wrong way. So I'm going to summarize what I've said elsewhere. Let's examine the issue at hand, shall we?

Notch trademarks the single word "Scrolls". "Scrolls" is a word used in Bethesda's trademark "The Elder Scrolls", so Bethesda attempts to stop Notch's trademark of the single word "Scrolls".

Let's rewind to an earlier trademark court debacle. Tim Langdell trademarks the single word "Edge" and then sues everyone who uses that word in their trademarks in the Game Industry. Tim Langdell sues EA for their trademark "Mirror's Edge", Tim Langdell sues Namco for their trademark "Soul Edge", Tim Langdell sues Cybernet for their trademark "Edge of Extinction", etc, etc...

Now let's fast forward to present day. Notch trademarks the single word "Scrolls". Logical next step, Notch sues Bethesda for their trademark "The Elder Scrolls". It doesn't matter how unlikely that is to happen, the fact remains it could happen. What we have here is Bethesda preemptively defending themselves from that ever happening. If Notch had trademarked "Scrolls: The Card Game" or "Scrolls: Any Subtitle Here", it's very likely that Bethesda would have left them alone and this whole legal mess would have never happened.

Bethesda isn't claiming they own the word "Scrolls", they're trying to stop Notch from claiming he owns the word "Scrolls". It's as simple as that. And personally, I don't think single words that are as common and generic as "Scrolls" should be allowed to be trademarked, so I'll side with Bethesda on this one.
If Notch cannot own the word "scrolls" then there would be no issue. Tim Langdell got his just desserts, so why would Bethesda be worried about about a tiny developer copyrighting a word that just happens to appear in their franchise name? Why would they feel it necessary to actually take pre-emptice lawyer action to prevent someone else using the word scrolls when that's apparently the unnaceptable troll tactic that they're supposed to be defending themselves from?

It could be that I'm completely misinformed, but it doesn't seem altogether likely that either developer can claim ownership of the actual word itself without some additional information pertaining to what it applies to, so why should either party be worried about the other one trying to pull a Langdell? and why are Bethesda's legal minions jumping on this if they really beleive that Notch isn't justified in doing the same thing that they're doing?

And aren't there other aspects to Notch's trademark that helps to define exactly what it is he's trying to protect?

I also wish to point out that I feel your asessment of everyone else's judgement as "looking at it the wrong way" is somewhat insulting.

cthulhumythos said:
...i like bethesda more so i guess i will side with them.
So you're going to side with a profitable and successful company attempting to take down another small-time indie developer in order to make a larger profit (assuming the Bethesda guys have OK'd this to the lawyers) on the utterly flimsy legal grounds of Notch naming a game after a word that just happens to have appeared in the title of a franchise and which they cannot apply individual copyright to because you cannot do that with individual words in any sane world, just because you prefer their games?

That makes no sense to me, good sir.
eh. i keep it simple.
 

BabyRaptor

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I'm sorry, but if you say the word "Scrolls" to me, Bethesda is not what comes to mind.

If this isn't just lawyers trying to hog money, I will be very disappointed.
 

w00tage

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Judgement101 said:
w00tage said:
Wait, since when does Bethesda have scrolls in their Elder Scrolls games? I played Daggerfall, Morrowind and Oblivion, and I do not off the top of my head recall ever finding or seeing a single "scroll".

Edit: Follow up to this, anyone else notice that this happened AFTER Mojango got some money figures out in public? Who wants to bet me that this isn't a lawyer-driven scheme to get legal fees out of both Mojango and Bethesda?
Ummmmmm yes, Oblivion has a scroll in it called "The Elder SCROLL" and it is a scroll. (If you don't know what I'm talking about, do the Theives' Guild missions)
Soooo, ok. The latest released "Elder Scrolls" game, in ONE of the many guild paths that the player may choose to pursue (I didn't and I played Oblivion through twice), has ONE quest that involves ONE scroll named the Elder Scroll....

Anyone else think that this may be a challengeable mark, considering it purports to cover the entire series of games and represent something characteristic of them, and really doesn't?
 

hansari

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Therumancer said:
From what I've seen of Minecraft it's pretty much a giant sandbox, where you play largely from a first person perspective with the guy's hands showing, and most of the combat taking place with melee weapons and such. You also do crafting, can move items around, and tons of other stuff.

Just from what I've seen of the game it does bear a lot of similarities to "The Elder Scrolls" series...
Why are you bringing up Minecraft when the suit is addressing the game Scrolls?

Scrolls [http://www.scrolls.com/] is made by the same company, but will be a "collectible card battle game".

"Scrolls features the fun of collectible card games with the strategy element of board games, as players' placement of units, buildings and siege weapons on a game board are vital to victory," according to a press release. "Scrolls also offer a strong meta game strategy aspect, as players will assemble their collection of scrolls prior to entering battle mode. Spells, units, equipment and resources must be managed just right to be successful." [http://kotaku.com/5772637/the-next-game-from-the-makers-of-minecraft-is]

Your argument makes sense if this was World of Warcraft/ World of Lordcraft... but as things presently stand, this seems just as malicious as Tim Langdell's suits...
 

Nurb

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Dec 9, 2008
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It's a word, you can't own a word! The game's got nothing in common with the Elder Scrolls series!

Big companies do this all the time. They don't have a case, but they sue someone anyway and drag out the process in hopes they'll be too afraid to fight back or lose all their money defending themselves and be forced to give in anyway.

I hope pirates really stick it to Bethseda for letting their lawyers ruin their good name, they deserve to lose a more than a little cash over this bullying. I have no sympathy for big publishers and devs anymore. Fuck the corporate age of gaming.

 

MajorDolphin

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Shamanic Rhythm said:
MajorDolphin said:
Finish. Minecraft. First. The game has a lot of promise but they're wasting their energy porting it to the Xbox and now this other junk. Millions of people dropped 20 bucks on a beta and all that money goes towards other development. Great way to piss off the fans...
I bolded that just so you can identify for yourself the frivolity involved. Nice to see that a Minecraft related thread doesn't go without the usual 'Notch is lazy' whining.
Its not as if the game has the content to justify a higher price. I also didn't say anything about Notch being lazy, he just has his priorities screwed due to the success of an unfinished product.