That's highly unlikely, as Mojang would have just as difficult of a time in trying to get their theoretical copyright of "Scrolls" to stick any more than Bethesda would have trying to enforce that for themselves.
The lawsuit is more an issue of brand awareness than actually trying to copyright a common word exclusively (that's generally gone over fairly poorly in the past). Bethesda, as others have pointed out, are concerned that potential customers might mistake Mojang's upcoming game for one of their own purely by the title, which -- as others have pointed out, both here (where all us fanboys are) and out on the internet in general -- is highly unlikely. Because, even putting aside the fact that people generally don't refer to the Elder Scrolls games as Elder Scrolls games, practically the only other similarity between the two games is that they are both designed to run on a computer. As soon as the trial gets beyond the opening statements and both companies trot out their actual games beyond the simple matter of names, Bethesda has pretty much lost their case that the general public could confuse the two games.
Mojang's counter-offer was one offered in good faith to perhaps help Bethesda avoid the upcoming PR slap they are going to have to deal with (and let's be honest, Mojang could very easily come up with another name anyway if he wanted to at this stage of development... and given the fact that they actually offered to compete against them in one of their own games, he probably had a backup name anyway ;D).
Right now, the PR hit on Bethesda has only been minor, and restricted to the pretty hard-core gamers. Now that the trial is going forward, the worldwide community at large will start to notice, and what will they come away from it with? "Wow, this huge software company is suing these half-dozen guys over in Europe? And these other guy's only other game so far has been made with little blocks...?" Besthesda couldn't have devised a scheme to make themselves out to be real out-of-touch jerks if they had tried.
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I feel bad for Bethesda really. They're in a bit of a fix. If they don't defend the copyright against Mojang, it could be used as a court argument for a larger company to make a claim on the copyright. If they do defend it, everyone thinks they are jerks. Lose-lose for them.
They're obviously jealous of notch's success and how the game has turned out, they dont want another game doing the same slowly pushing them further and further down the creators leader board.
If they loose it'll be good, Mojang deserves to win. Game store and Game station dont sue each other so why should scrolls be sued by elder scrolls? it's just ludicrous and I really will be devastated if mojang takes a defeat.
Oh yes I'm sure that this multi-billion dollar corporation (with several of the greatest RPG's ever created under their belts) are jealous of an Indie game that would probably come nowhere near to the success of the Elder Scrolls series, no offense Mojang I love you and I'm entirely supportive but I'm also a realist when it comes to business competition :laugh.gif:.
I think it's simply just about marketing. People hear scrolls and they think The Elder Scrolls! If you Google "scroll" a couple of links below you would get The Elder Scrolls website. Now throw in another game with a similar title and that could potentially affect marketing sales and also who's website shows up first in google queries, yea pretty ridiculous if you ask me but there's a reason businesses spend millions of dollars on marketing alone.
[Edit] Also let's not get too pist off at Bethesda as I'm sure that this had absolutely nothing to do with their programmers or anyone who's actually responsible for the development of the Elder Scroll series.
I feel bad for Bethesda really. They're in a bit of a fix. If they don't defend the copyright against Mojang, it could be used as a court argument for a larger company to make a claim on the copyright. If they do defend it, everyone thinks they are jerks. Lose-lose for them.
True, but they can keep Mojang behind the curve by spending Notch down. Marginal lawsuit, Mojang spends itself down a little. It's pretty straightforward corporate tactics. If a competitor presents a vague but substantial threat, and you don't have a direct way to gut them, you play head games with them and spend them down/halt development on their upcoming games.
I don't honestly think Bethesda Softworks ever expected to "win" in court. They may have expected Mojang to roll over and settle, as an alternative to prohibitive legal costs and mandated delays on development of Scrolls. But the fact that Mojang is picking up the bait, means they will spend some serious money and time defending Scrolls. This money doesn't come out of thin air, it is diverted away from design, development, promotion, and server overhead. And this is Bethesda's real goal; to sap the time and money of competitors with tactical legal ******** even they acknowledge is frivolous and untenable.
In hindsight, it would have been better for Mojang to settle and relinquish "Scrolls" for "Rolled-up Parchments" or something wacky. The outcome would have been far more strategic for Mojang's favour. 1) Bethesda would have still looked like assholes. 2) They would have the very marginal and short-term victory of sole copyright on the word "Scrolls". 3) Mojang would have saved a pile of time, money, and manpower. 4) Silly awkward names like "R-U P" are ironically appealing to People who Buy Indie Games. The pronunciation of such names usually come out as "Game that's Not Called Scrolls Because Bethesda are D-bags" in any relevant language.
Also, last time I heard having the moral high ground didn't sell games. Having your game talked about everywhere sells the game. Let's stop talking about "Elder Scr***s" and start talking about Rolled Up Parchments and Minecraft.
Bethesda should realize that video games are very easy to pirate, and that basically makes a lot of their sales simply "good will" donations. I bought Oblivion and Fallout 3, but if some of my money is going towards a frivolous and ridiculous lawsuit, I can't say I'd feel too bad about not purchasing Skyrim. Many others will likely feel similarly. Whether they win or lose in court, they're shooting themselves in the foot. And Notch even gave them a chance to put it all behind them in a graceful and friendly manner.
Just a quick notice to correct the facts, the lawsuit is coming directly from ZeniMax's own lawyers, for which Bethesda has little control of. I'm not really concerned of who wins, not like it's going to have a big impact anyway on either one's sales. Though I'm not sure why didn't Notch just handle this more professionally but instead made a big deal out of this.
He has every RIGHT to call the game whatever he wants. Now if he was trying to directly tap the Elder Scrolls IP by using specific names or whatnot, then Bethesda would have a case. But he isn't. It's his own IP.
What if I decided to name a game "Fire"? Could any other developer that has a title with the word FIRE in it justifyably turn around an sue me? I don't think so. You cannot copyright a single word. This is nothing more than an example of a corporation trying to strong-arm a small company. Notch needs his day in court. And when the Judge rules in his favor, it will send a message that supports what I believe to be true:
Independent Game Developers are the future of the industry...
Personally, whenever I say anything with the word scrolls(pertaining to the Elder Scrolls games), it's always "Elder Scrolls" not 'scrolls IV: Oblivion'. Really, how many games have scrolls in the title? And how many games WILL have scrolls in the title? They can't sue all of them, and I'll bet if the lawyers are pushing them to do the lawsuit they'll surely be fired if Bethesda loses. So, hopefully the courts have some lick of sense in them.
heh! mojang will win because whoever they say to that they're sueing because they think that 'elder scrolls' will be mixed up with scrolls is going to laugh in bethesdas faces! so they couldn't even start a court battle to begin with and if they tell anyone about the queke 3 tournament offer for chooseing to change scrolls name or not will ruin bethesda because they'rer starting a dispute over something retarded and a videogame player vs. player would choose who should stop challenging who because that's atmost the highest thing to chose to use to help with this little petty swable between appsolute morons that need almost 100 people to make a game in 3-4 years and geniuses that need only 3 people to make a game in a week! (yes mojang are the geniuses)so obvouisly bethesda is full of complete dumbasses!
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why HELlo! i'm enos just a demensional time traveler...oh and that's my pet creeper!
C'mon Notch! Win this lawsuit for all the little guys! For the small game developing companies!
Just FYI, Notch isn't a "little guy" anymore.
3,619,371 people have bought minecraft.
At 25 bucks a pop (I am taking the current price just for the sake of argument),
25 x 3,619,371 = $90,484,275
:|
Either way, ON TOPIC: Besthesda is out of their gourd. It would be one thing to sue if the games were shockingly similar, but Notch is developing a card-based game. Unless I am mistaken, Morrowind, Oblivion and Skyrim have nothing to do with cards.
I will continue to support both Mojang *and* Besthesda, since I believe both companies make a quality product, and I want to play the hell out of Skyrim (Sorry Minecraft! On 11/11/11, I'm gone!)
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Life is not measured in the breaths we take, but by the moments that take our breath away.
Don't be wrong I love minecraft and I play everyday. But naming your game scrolls was just the most IDIOTIC idea mojang ever had. I think that Bethesda has all the right to win this. I feel the scroll game will be very easily confused with Bethesda's beautiful works and Bethesda doesn't deserve that grief. BY THE NINE!
ANd Skyrim isnt stolen from this?
Oh yes I'm sure that this multi-billion dollar corporation (with several of the greatest RPG's ever created under their belts) are jealous of an Indie game that would probably come nowhere near to the success of the Elder Scrolls series, no offense Mojang I love you and I'm entirely supportive but I'm also a realist when it comes to business competition :laugh.gif:.
I think it's simply just about marketing. People hear scrolls and they think The Elder Scrolls! If you Google "scroll" a couple of links below you would get The Elder Scrolls website. Now throw in another game with a similar title and that could potentially affect marketing sales and also who's website shows up first in google queries, yea pretty ridiculous if you ask me but there's a reason businesses spend millions of dollars on marketing alone.
[Edit] Also let's not get too pist off at Bethesda as I'm sure that this had absolutely nothing to do with their programmers or anyone who's actually responsible for the development of the Elder Scroll series.
I'm here because I play Minecraft, how should I care for either of scrolls? Good game will be played, irregardles of it's name.
True, but they can keep Mojang behind the curve by spending Notch down. Marginal lawsuit, Mojang spends itself down a little. It's pretty straightforward corporate tactics. If a competitor presents a vague but substantial threat, and you don't have a direct way to gut them, you play head games with them and spend them down/halt development on their upcoming games.
I don't honestly think Bethesda Softworks ever expected to "win" in court. They may have expected Mojang to roll over and settle, as an alternative to prohibitive legal costs and mandated delays on development of Scrolls. But the fact that Mojang is picking up the bait, means they will spend some serious money and time defending Scrolls. This money doesn't come out of thin air, it is diverted away from design, development, promotion, and server overhead. And this is Bethesda's real goal; to sap the time and money of competitors with tactical legal ******** even they acknowledge is frivolous and untenable.
In hindsight, it would have been better for Mojang to settle and relinquish "Scrolls" for "Rolled-up Parchments" or something wacky. The outcome would have been far more strategic for Mojang's favour. 1) Bethesda would have still looked like assholes. 2) They would have the very marginal and short-term victory of sole copyright on the word "Scrolls". 3) Mojang would have saved a pile of time, money, and manpower. 4) Silly awkward names like "R-U P" are ironically appealing to People who Buy Indie Games. The pronunciation of such names usually come out as "Game that's Not Called Scrolls Because Bethesda are D-bags" in any relevant language.
Also, last time I heard having the moral high ground didn't sell games. Having your game talked about everywhere sells the game. Let's stop talking about "Elder Scr***s" and start talking about Rolled Up Parchments and Minecraft.
He has every RIGHT to call the game whatever he wants. Now if he was trying to directly tap the Elder Scrolls IP by using specific names or whatnot, then Bethesda would have a case. But he isn't. It's his own IP.
What if I decided to name a game "Fire"? Could any other developer that has a title with the word FIRE in it justifyably turn around an sue me? I don't think so. You cannot copyright a single word. This is nothing more than an example of a corporation trying to strong-arm a small company. Notch needs his day in court. And when the Judge rules in his favor, it will send a message that supports what I believe to be true:
Independent Game Developers are the future of the industry...
Just FYI, Notch isn't a "little guy" anymore.
3,619,371 people have bought minecraft.
At 25 bucks a pop (I am taking the current price just for the sake of argument),
25 x 3,619,371 = $90,484,275
:|
Either way, ON TOPIC: Besthesda is out of their gourd. It would be one thing to sue if the games were shockingly similar, but Notch is developing a card-based game. Unless I am mistaken, Morrowind, Oblivion and Skyrim have nothing to do with cards.
I will continue to support both Mojang *and* Besthesda, since I believe both companies make a quality product, and I want to play the hell out of Skyrim (Sorry Minecraft! On 11/11/11, I'm gone!)