Oh wow. I kinda want Bethesda to agree. Hell this should be how all lawsuits are settled.
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would be awesome if they agree and someone records the match...
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This could be the reason to which Notch and crew are in trouble. The inability to take the legal system seriously...
Contrary to the belief of his fans and the reddit hivemind, being an indie developer does not give them the ability to change or ignore the laws to what they think is right and just.
It also does not help that fans of minecraft/Notch have reportedly hacked and sent threats to both Bethesda and their lawyers. If I were Notch I would be using my fandom to address the community and tell everybody to cool it because those few people are harming the trademark case.
By the sheer fact that Notch has challenged Bethesda to a game instead of properly addressing the Bethesda and it's lawyers shows that they are not taking this seriously enough and/or know that they are in the wrong and are looking for a way out.
Unfortunately in the realms of a trademark dispute and the law if Bethesda agrees to the challenge then competitors can file a motion of nullification on the Bethesda trademark for Bethesda not defending their trademark using the full resources of the law. ie competitor can dispute that Bethesda is not defending its trademark and not fully prosecuting offenders of their trademark claim therefore the trademark claim is null and void.
Also if this legal dispute is finalised over a video game match then other defendants may try the same using this case in order to do so which will have far flung repercussions. ie defendant 1 proposed this to prosecutor 1 and prosecutor 1 agreed but lost to defendant 1 therefore I as defendant 2 have the right and ability to propose this to prosecutor 2.
What you should all remember is this. Bethesda owns a trademark and Notch'n'crew breached the trademark whether it be unwittingly or not. Being an indie developer does not make them different in the eyes of the law. International trademark law is very clear on these matters in order to prevent abuse of the system so if Bethesda is able to go ahead with the trademark lawsuit because Notch won't change the name then Bethesda very obviously has a very clear legal right to do so otherwise it would be thrown out by the courts. ie Bethesda has shown that "Scrolls" does infact come into conflict with one or more trademark claims.
People argue that the title "Scrolls" has nothing in similar to do with Bethesda's trademark claim but nobody has cited what the claim is exactly (outside legal documents that reddit shut'ins and 13yr old kids aren't allowed/able to view). Bethesda could have hundreds of trademark claims with nothing to do with their current game list. This is a strategy used in patents, a company will file a buttload of patents that do not relate to any of their products in manufacture but just out of sheer badness to prevent their competitors from using those innovations first to gain a market lead/share which is legal...
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And this is what is wrong with copyright law. Copyright law should be used to protect a companies intellectual property, not to attack other companies that may compete. I am 100% sure that Scrolls is not stealing from an existing or developing Bethesda IP, but because they did the paperwork for a word they legal have the right to sue them anyway. This sort of thing just really makes me sad.
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This has nothing to do with copyright, but with trademark.
Also, the problem it's not just the USE of the word "scrolls" by Mojang, but that they want to TRADEMARK that word. So, if Bethesda doesn't protect it's trademark, not only they lose it, but then Mojang can sue THEM for trademark infringement when, and if, Elder Scrolls VI comes out...
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this is trademark dispute not copyright/patent
firstly I want to know how you know that Scrolls is 100% not infringing on the trademark rights of Bethesda
nobody knows exactly what the dispute is over... be it elder scrolls or another game in development, Bethesda could have a game called Scrolls: The Awakening in development and see that Mojang's Scrolls is infringing on it
or it could be pre-emptive meaning that Bethesda sees Mojang's Scrolls as a threat because if Mojang then trademarks "Scrolls" then Bethesda's Elder Scrolls series is infringing on the "Scrolls" trademark
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It is indeed a dispute over the "The Elder Scrolls" trademark, that much has been known since day one. You can clearly see that it says so in the papers Notch got from Bethesda (even if you can't read Swedish):
http://twitpic.com/61ca6f/full
Basically they are claiming that it is close enough to their trademark to confuse customers. According to the papers it's common in the games industry to have one element in the title linking a series together. They then go on to use Super Mario and Mario Bros. (+ the WarCraft series) as examples of this.
As for Notch not taking it seriously... well, obviously he's not serious about the Quake thing. I'm sure he's got lawyers working on this properly. It's just him putting some spin on it and getting some free publicity. Taking a bad situation and get something positive out of it. You can't fault him for that.
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"Hey, Bethesda! Let’s settle this!
I am back, and I am excited.
Marriage has been wonderful so far, and nobody sabotaged my computer while I was gone.
The only negative thing going on at this moment is the Scrolls trademark lawsuit nonsense, and I think I came up with the perfect solution:
Remember that scene in Game of Thrones where Tyrion chose a trial by battle in the Eyrie? Well, let’s do that instead!
I challenge Bethesda to a game of Quake 3. Three of our best warriors against three of your best warriors. We select one level, your select the other, we randomize the order. 20 minute matches, highest total frag count per team across both levels wins.
If we win, you drop the lawsuit.
If you win, we will change the name of Scrolls to something you’re fine with.
Regardless of the outcome, we could still have a small text somewhere saying our game is not related to your game series in any way, if you wish.
I am serious, by the way."
http://notch.tumblr.com/
this is so gonna own if Bethesda actually accepts even if it's very unlikely lol
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