What are Notch's Scroll's? Most gaming sites are blocked here at work, otherwise I'd look it up.
Without really knowing more, I'd say it's a pretty lame move. I guess I'll wait to judge though. I don't really see how people are going to confuse it though. I've never referred to an Elder Scroll game as "Elder Scroll." I've always said "Oblivion" or "Morrowind." I say get over it! Sounds like their lawyers are bored.
this kinda stuff makes me rage, recently i read some other guitar hero lawsuit and this. like seriously wtf this is the stupidest sh*t its like if the planet of the apes producer sued someone for naming their movie apes...
I find it kind of offensive that people are willing to let Bethesda/Zenimax off the hook for this. It's fine if you are notch, and you can hire a team of lawyers to counter a bogus lawsuit like this. But if you don't have millions of dollars to spend defending your rights, then you may as well not have rights.
I find it kind of offensive that people are willing to let Bethesda/Zenimax off the hook for this. It's fine if you are notch, and you can hire a team of lawyers to counter a bogus lawsuit like this. But if you don't have millions of dollars to spend defending your rights, then you may as well not have rights.
Nope, not really, you're pulling the same excuse most people pull for no reason and which can explained logically if you take a moment and think about it and why it happened.
Most lawyers in the world of the entertainment industry don't know what a copyrighted/IP'ed word is vs. a simple combination of words is, if you don't believe it, you can look up the Edge word and the entire debacle around it.
So if Notch (who is with Penny Arcade) currently making the game, names it Scrolls (which he did), a lawyer who works for another game company and doesn't have any proper knowledge about the subject matter will naturally file a passive-IP paper for said name.
What I'm getting at is that no one at Bethesda/Zenimax wants to sue someone for a name as simple as 'Scrolls', a lawyer pulled the trigger early because this is something you can do easily in the legal system in the North America's and because said lawyer didn't have any on hand experience about the industry and how it works. Most lawyers only every have theoretical experience they got in school.
Blame the lawyers and their lack of on hand experience, not the game company and the guys in it.
Most lawyers in the world of the entertainment industry don't know what a copyrighted/IP'ed word is vs. a simple combination of words is, if you don't believe it, you can look up the Edge word and the entire debacle around it.
Apparently I know more about it than you do. He had no case, which is why this happened (among other losses):
Blame the lawyers and their lack of on hand experience, not the game company and the guys in it.
The lawyers were chosen by the game company to represent them, but I am not supposed to blame the game company? Maybe you can explain the logic here, since you are so much more logical than I am apparently.
If they are just trying to protect their IP, then why are the lawyers also asking for money before it even goes to court? Here is my theory -- they have a business model based around threatening to sue people, and then extorting money out of them.
Do you have anything to say that actually makes sense, or is not factually mistaken?
"It is not necessary for a trademark owner to take enforcement action against all infringement if it can be shown that the owner perceived the infringement to be minor and inconsequential. This is designed to prevent owners from continually being tied up in litigation for fear of cancellation."
That's just silly. I know that you have to defend your trademark when there's a real danger that a potential customer confuses two brands, but this is kinda far fetched.
Welcome to the western world, where we spend our time and money fighting silly battles like this...
Pretty risky move. Sure, they could easily sink Notch in court since they have much more money backing them up, but Minecraft has a very beloved place in the gaming community. It's a pretty clear-cut case of the big, faceless corporation bullying the underdog just for the sake of being evil, and the outcry over this is the last thing they need with Skyrim on the horizon.
Sooo....who sues who with Call of Duty and Call of Cthulhu? They both have Call of in them, one of them must be the master :P ... freaking hate trademarks/copyright issues like these, the whole system is fucked.
And it seem to might be a battle (or surrender, which I hope not): http://www.rockpapershotgun.com/2011/08/08/bethesda-and-notchs-scrolls-off-explained/
Really, common words shouldn't be trademarked.
Ohh...ffs. Thats just stupid. Whoever is in charge at Bethesda, they all need a swift kick in the sack. Surely they can call off the lawyers. Its a fucking word in the dictionary.
If this goes through I'm boycotting Skyrim. That'll teach em!
i agree with stinger. its a word in the dictionary, and should not be allowed to trademark. especially when the trade mark isnt just "scrolls"... sooo dumb.
Im actually pretty pissed that a big name company would do that to an indie. way to hurt the industry, bethesda.
has bethesda actually said anything about this to the public? or are they hiding behind doors on the matter?
The district court deemed the chances of confusion between the products and the companies to be very little next to none and that the word Scrolls is used frequently in other similar products. Ie. it is too common.
They also reflected upon the fact that the title of Mojangs game partly describes the game whereas with Zenimaxs product they could not see a clear connection between the title and the product itself.
Zenimax could appeal I guess... but I dunno. Don't know that much about the system.
Edit: Stradigos, as I mentioned above they deemed the word too common for anyone to have copyrights on it. So I guess that means everyone is free to use the word Scrolls however they see fit.
So this ruling was in Swedenland right? So this applies to... Sweden only? Can't ZeniMax try to use other courts in different countries to stop them selling it under Scrolls in those countries? I'm confused to how this works to be honest. It's like Trenches being called that in the US but not in Europe.
So this ruling was in Swedenland right? So this applies to... Sweden only? Can't ZeniMax try to use other courts in different countries to stop them selling it under Scrolls in those countries? I'm confused to how this works to be honest. It's like Trenches being called that in the US but not in Europe.
I think it applies to the whole lawsuit since the trademark applies to more than just sweden, I'm just guessing (IANAL) that since mojang is a swedish company, the lawsuit took place in sweden.
Edit: Stradigos, as I mentioned above they deemed the word too common for anyone to have copyrights on it. So I guess that means everyone is free to use the word Scrolls however they see fit.
Most likely, but no one can make a fantasy card trading game called scrolls without stepping on toes.
Zenimax owns the trademark to 'rage' do they not? which is yet another one word trademark.
You can use rage in a title, you just cant make a post apocalyptic shooter called rage.
sorry stradigos. You cant use B in your game title. Its part of my middle name :P
So glad mojang won though. I mean, i have HUGE respect for bethesda and love the games they make. Cant wait for skyrim. But this lawsuit was rediculous.
Next up: George Lucas sues Blizzard for using the word "Star."
Not too far from the truth. George Lucas owns the trademark on the word Droid. He makes a little money on every Droid phone sold and each time they use it for TV/advertising.
I honestly think this is more just a publicity stunt by Bethesda to get Scrolls in the news more generating more press for there game.
Replies
all i can think about this, is that Notch is going to get a shit-ton of free publicity out of this.
kinda on elder scrolls. But as Notch said, Lawyers will be lawyers. I still like both. Not the lawyers tho... i mean Bethesda and Minecraft.
Without really knowing more, I'd say it's a pretty lame move. I guess I'll wait to judge though. I don't really see how people are going to confuse it though. I've never referred to an Elder Scroll game as "Elder Scroll." I've always said "Oblivion" or "Morrowind." I say get over it! Sounds like their lawyers are bored.
http://www.geekosystem.com/scrolls-notch-minecraft-new-project/
but that idea does remind me of
www.thefarwilds.com
If anything Scrolls will gain a shit ton of PR when every magazine writes about this.
Eld....that game your making...Call it... ELDER
...PLEASE!!! DO IT!!!
Honestly..I'd seriously consider it.
EDIT: Wait...Eldercraft!
THE ELDERCRAFTS!
They're working on this other project at mojang, called "scrolls", he got the letter due to some lawyers doing passive trademark protection work.
"lawyers doing passive trademark protection work." AKA threatening innocent people.
please use it!
I'm going to make a game called "The". And if anyone uses the word in a product my legal team will kick off!
I also have a sequel planned "2"
Nope, not really, you're pulling the same excuse most people pull for no reason and which can explained logically if you take a moment and think about it and why it happened.
Most lawyers in the world of the entertainment industry don't know what a copyrighted/IP'ed word is vs. a simple combination of words is, if you don't believe it, you can look up the Edge word and the entire debacle around it.
So if Notch (who is with Penny Arcade) currently making the game, names it Scrolls (which he did), a lawyer who works for another game company and doesn't have any proper knowledge about the subject matter will naturally file a passive-IP paper for said name.
What I'm getting at is that no one at Bethesda/Zenimax wants to sue someone for a name as simple as 'Scrolls', a lawyer pulled the trigger early because this is something you can do easily in the legal system in the North America's and because said lawyer didn't have any on hand experience about the industry and how it works. Most lawyers only every have theoretical experience they got in school.
Blame the lawyers and their lack of on hand experience, not the game company and the guys in it.
Apparently I know more about it than you do. He had no case, which is why this happened (among other losses):
http://docs.justia.com/cases/federal/district-courts/california/candce/3:2010cv02614/228647/67/
The guy from Penny Arcade is going to do some writing for it -- not exactly them teaming up.
This is not actually happening in North America.
The lawyers were chosen by the game company to represent them, but I am not supposed to blame the game company? Maybe you can explain the logic here, since you are so much more logical than I am apparently.
http://notch.tumblr.com/
If they are just trying to protect their IP, then why are the lawyers also asking for money before it even goes to court? Here is my theory -- they have a business model based around threatening to sue people, and then extorting money out of them.
Do you have anything to say that actually makes sense, or is not factually mistaken?
+3 WIN
Makes me wonder if Bethesda will go after anything with "Arena" in the title (For protecting both their Elder Scrolls: Arena and Quake III Arena)
SCROLLS OF EDGECRAFT ARENA
A different insight on this case.
Much much better than the first reaction of bashing on Bethesda to "protect" the poor Notch.
That's quite an interesting read, unless it's wrong, but the writer sounds confident.
(http://en.wikipedia.org/wiki/Trademark#Maintaining_rights)
Welcome to the western world, where we spend our time and money fighting silly battles like this...
I think this is not the case. This is the same kind of product (at least from an outsider point of view).
Its amazing what you can own these days.
And it seem to might be a battle (or surrender, which I hope not): http://www.rockpapershotgun.com/2011/08/08/bethesda-and-notchs-scrolls-off-explained/
Really, common words shouldn't be trademarked.
If this goes through I'm boycotting Skyrim. That'll teach em!
Im actually pretty pissed that a big name company would do that to an indie. way to hurt the industry, bethesda.
has bethesda actually said anything about this to the public? or are they hiding behind doors on the matter?
I hope they accept as well. In fact all silly lawsuits should be decided by battle of some description.
Two men enter, one man leaves.....Two men enter, one man leaves.....Two men enter, one man leaves.....Two men enter, one man leaves.....
And rightly so,
http://indiegames.com/2011/10/mojang_won_scrolls_is_now_scro.html?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+IndependentGaming+%28Indie+Games%29&utm_content=FaceBook
Erm... Is he joking? People can still use the word...
They also reflected upon the fact that the title of Mojangs game partly describes the game whereas with Zenimaxs product they could not see a clear connection between the title and the product itself.
Zenimax could appeal I guess... but I dunno. Don't know that much about the system.
Edit: Stradigos, as I mentioned above they deemed the word too common for anyone to have copyrights on it. So I guess that means everyone is free to use the word Scrolls however they see fit.
I think it applies to the whole lawsuit since the trademark applies to more than just sweden, I'm just guessing (IANAL) that since mojang is a swedish company, the lawsuit took place in sweden.
Most likely, but no one can make a fantasy card trading game called scrolls without stepping on toes.
Zenimax owns the trademark to 'rage' do they not? which is yet another one word trademark.
You can use rage in a title, you just cant make a post apocalyptic shooter called rage.
"Hey Joe, did you play X4920 yet?"
"No man, been playing B342 a ton lately."
"Oh man, that's a classic! B, and only three digits!"
So glad mojang won though. I mean, i have HUGE respect for bethesda and love the games they make. Cant wait for skyrim. But this lawsuit was rediculous.
Not too far from the truth. George Lucas owns the trademark on the word Droid. He makes a little money on every Droid phone sold and each time they use it for TV/advertising.
I honestly think this is more just a publicity stunt by Bethesda to get Scrolls in the news more generating more press for there game.
No press is bad press.
edit: Really glad he won