Elder Scrolls/ Minecraft 'Legal Thing'?

[Akiraka]

http://mixlr.com/bulletproofradio/episo ... gon-slayer
~50:00

Minecraft messing with TES?

Minecraft is [insert curse here] retarded.

What's going on?

[MARS]

Actually Bethesda are sueing Mojang for some tiny detail. So, Bethesda is [insert curse here] retarded.

[Wolfie]

I have a theroy that this is a publicty stunt for these reasons
#1 minecraft and TES 5 are releaed on the same day
#2 they have to know they dont have a case
#3 notch has said he is a big fan of TEs and I do belive bethsade had some send fan mail to him



So in other words this law suits is just to get pepole buying I'll bet good monmey it will br droped after 11.11.11

[videogmer314]

http://forums.uesp.net/viewtopic.php?f=24&t=23903

[Akiraka]

Ahhh. Huh. Well, the spokesperson from the podcast (already forgot his name) said that it was 'lawyers being lawyers,' which sounds about right.

viewtopic.php?f=24&t=23903 seems to implicate Todd as the culprit. That wouldn't surprise me either I guess, 'cause, he kinda comes off as a jerk to me sometimes. Who knows.

It's probably just lawyer crap. People trying to line their pockets.

But, yeah, that's pretty dumb. I never would have associated a crappy 8-bit-looking PC game with an epic RPG franchise that's usually called by the games' subtitles anyway

[OblivionDuruza]

It's probably just lawyer crap.

I resent that . In fact there is the potential for Civil action here, although it'd be silly to actually take it to court. I don't see why people who don't have an understanding of the law come out and slam Bethesda for wanting to protect their registered trademark. Seriously, Scrolls - Elder Scrolls, there is a clear similarity there.

[MARS]

But, yeah, that's pretty dumb. I never would have associated a crappy 8-bit-looking PC game with an epic RPG franchise that's usually called by the games' subtitles anyway

What a condescending attitude...

[Wolfie]

you cant sue someone for using a thing like that, look at all the "chronicles" games
or all the games with rings in them, or super, ultmate, things likfe that

Just becuse its in the name dose not mean you cant use it,
I can use twlight in my name of something and it wont be a case as long as there is more to it
(look at twlight princess and twlight)
as long as its not just that

Scrolls is not what is copyrgihted, Its The eleder scrolls (or elder scrolls) really depneds which one thety got


Anyways You cant sue over just one word in the tile other wise 3049584 games would never be aloowed to come out

[Akiraka]

It's definitely a very stupid situation, that's for sure. Just some d-bag trying to line his pockets.

What a condescending attitude...

It's 2011. I get ripped off for 70$ for crap games like Oblivion that at least look good/ like they're from the current generation. I don't see the point in throwing away 20$ to play a 3D 8-Bit. I'm also not 12, so, -shrug-

[MARS]

If graphics are that importan to you...
Meh, to each his own.

[VirtualWeasel]

May I say that Bethesda sued the creators of Minecraft.
This was in no way Minecraft's doing.

[MARS]

I already said that. I thought the point had come across.

[Spiney]

It's 2011. I get ripped off for 70$ for crap games like Oblivion that at least look good/ like they're from the current generation. I don't see the point in throwing away 20$ to play a 3D 8-Bit. I'm also not 12, so, -shrug-

You should play the game before you talk about it. Nothing more bigotted than talking about something you don't know about.

Anyway, Bethesda the developers aren't doing the suing here, the Distriution side of Bethesda are, namely their law firm.

[VirtualWeasel]

I already said that. I thought the point had come across.

Reading some of the stuff in this thread, it clearly didn't.

[MARS]

I already said that. I thought the point had come across.

Reading some of the stuff in this thread, it clearly didn't.

Damn my unperceptiveness.

[Shadowscale]

So Bethesda can trademark the word "Scrolls"? What's to stop them from trademarking the word "The"

Spoiler:

Very unlikely but still lol!

[OblivionDuruza]

McDonalds sued a man in Scotland, who's name was Mc[Idon'tquiteremember, but not Donalds], because some of the locals called his burger joint, Macca's.

McDonalds hasn't exactly registered 'Maccas' but even so. They've sued many people who used Mc[product/name], and why? Because McDonals is such a well recognised name that they do not want people associating non-affiliates with them.

Here's something I posted elsewhere:

Hang on a second here. I don't think we should be condemning Bethesda at all.

Law is one of the areas I'm focusing in, and looking at that article by Notch, it's clear the author knows very little about the Civil Trail and pre-Trail procedure.

Today, I got a 15 page letter from some Swedish lawyer firm, saying they demand us to stop using the name Scrolls, that they will sue us (and have already paid the fee to the Swedish court), and that they demand a pile of money up front before the legal process has even started.

If I'm reading this correctly, this letter is what's called a Letter of Demand. It's a very normal part of a Civil Action, and doesn't even mean that a Civil Trial will take place. It is reasonable, in fact very reasonable, to demand money before the case begins. That is the purpose of a LoD.

The Elder Scrolls® is a registered trademark of Bethesda Softworks LLC, as a subsidiary of ZeniMax Media.

In the law of trademarks, trademark distinctiveness is fairly important. The distinctive characteristic of a trademark can be assessed by consumer's reaction to a mark. (the fact that we are called the Unofficial Elder Scrolls Pages is a step towards, at least in my eyes, proof, although I don't mean proof in a legal sense, that the community recognises that name and associates it with the games)

To prove that the use of Scrolls would be in breach of Bethesda's trademark, its lawyers would be required to prove that the term 'Scrolls', in the sphere of the gaming industry, elicits thoughts about The Elder Scrolls series.

The fact that the term was registered means that Beth was able to prove distinctiveness before. So there seems to be a possible basis for a case there in itself.

Further, the name "Scrolls" is not really dissimilar to "Elder Scrolls" and doesn't seem to be an inherently more worthy of trademark (because Scrolls does not directly describe the product itself and is not a made-up name).

But all in all, I doubt Bethesda wants to take the matter to court, as they probably would prefer to settle the matter before-hand. The post by Notch does make it seem like they are being very aggressive, but I'm fairly certain they are not and that proper civil procedure is being followed (a letter of demand is supposed to outline the potential plaintiff's demands and warn of possible court action if they are not met).

It might be possible they one day want to make a card game ES related? But that's just wild speculation.

[MARS]

In other words:
Large companies are paranoid about their franchises. Take the McDonald's thing for example:
Most of their trademark burgers are McSomething. Sueing someone because other people call their franchise by an unofficial name seems downright paranoid to me. It sounds as if they want to mow down anything that could possibly stand in their way.

[OblivionDuruza]

Pretty much. They need to protect their image and their trademarks. That's just how things go.

My main point is that Bethesda is NOT doing anything wrong, immoral or unusual.

[VirtualWeasel]

Well, no one has done anything wrong.
As Notch said, it is or was lawyers being lawyers.

[Wolfie]

http://en.wikipedia.org/wiki/McDonald's_legal_cases

here is a list of them, read them not all are about Mc names but mosty are

they lost almost ALL of them some they did not msotly in the smallar countrys could they win cases


what about all the games with dragons in the title?
or elder?




just becuse you CAN sue someone dose not mean you should


and yes someone did do something wrong, they are suing them for a reasson that makes no sense,
Scrolls has been used in many other games why not sue them to?

remember both games come out 11.11.11 and notch is a huge fan of TES

Soemthing is fishy here

[OblivionDuruza]

The percentage of cases that are initiated and make it to court is quite small (about 1.5%). Most are settle out of court. Is completely normal for someone to send a Letter of Demand and even to file a Writ with the intention of not taking the matter to court but settling.

[Wolfie]

I know but it don't make it right, you should not sue someone for using a world like "super" "dragon" "Scrol"
ect those are very common names in evreything and hundreds if not thousnads of games will use them


whats worse if they keep this up beth can affored it, but notch cant so he will almsot have no choice but to agree to it

[OblivionDuruza]

Still, there's no reason for people to have a go at Behesda, or its lawyers. I find it near sickening sometimes the crap that lawyers have to put up with. You'd think that they euthanised puppies or something.

Putting that aside, the fact that The Elder Scrolls is a registered trademark means that Bethesda obviously proved a connection to the name and its product before.

[Wolfie]

The elder scrolls is trademarked not Scrolls, you cant trade mark scrolls, thats why you can have games like dragon age and blue dragon

You cant just tradmark "dragon"

its not all the worlds that are trademakr, its The elder scrolls together

not scrolls, thats why we ahve Magic the gatring, and Might and magic

why we have Twlight and Twlifht princseess

why we have )Star( what ever


They can trade mark The eled scrolls together but they cant say

"You cant use elder, and you can't use scrolls"

Are there times they will win? of couse dont make it right, some times a bad guy gets off some times an inceont man gets blamed

law is not about right or wrong now days


I have nothing aginst laywers, some are quite nice bbut anyone who will pick on a compony that is so mucn more smallar then it is just sad
whats the point? how in the world will it afect you?
and if you are sueing them for using scrolls then you better sue evrey one eles to, of couse they wont do that.