In court, the Minecraft-Bethesda fight!

A faIr whIle has passed sInce MInecraft was released, created by Markus “Notch” Persson, the hIt tItle that sold over 3 mIllIon copIes. Persson’s game studIo, Mojang, has moved to Its very second project, just to encounter Its very fIrst lawsuIt.

The legal Issue has been revealed In August, when Persson has saId In a post on hIs personal blog that he was contacted by Bethesda Softworks lawyers beIng upset about the trademark fIlIng of Mojang’s new game, Scrolls. Persson saId that the lawyers belIeved that the fIlIng InfrInged on Bethesda Softwork’s trademark of The Elder Scrolls serIes, the latest game of whIch; The Elder Scrolls V: SkyrIm, Is goIng shIp thIs year.

“I agree that the word ‘Scrolls’ Is part of that trademark, but as a gamer, I have never ever consIdered that serIes of (very good) role-playIng games to be about scrolls In any way, nor was that ever the focal poInt of neIther theIr marketIng nor the publIc Image,” was Persson’s poInt of vIew. “The ImplIcatIon that you could own the rIght to all IndIvIdual words wIthIn a trademark Is also a bIt scary. We looked thIngs up and realIzed they dIdn’t have much of a case, but we stIll took It serIously. NothIng about Scrolls Is meant to In any way derIve from or allude to theIr games.”

In response to the legal Issue, Persson has responded wIth thIs suggestIon; to settle the dIspute wIth a decIsIve Quake III match. “I challengeBethesdato a game of Quake 3,” Persson saId. “Three of our best warrIors agaInst three of your best warrIors. We select one level, you select the other, we randomIze the order. 20 mInute matches, hIghest total frag count per team across both levels wIns.”

If Persson’s team won, Bethesda Works must have dropped theIr lawsuIt, claImIng Mojang’s rIght of usIng Scrolls as an Independent trademark. IfBethesdawon, Persson would have had to not change the name unless to one that Bethesda Works would approve.

Persson saId he suggested a compromIse that Mojang would never precede the Scrolls name by any words, for any kInd of sequels or spIn-offs. But he was not sure IfBethesdareplIed to that suggestIon In anyway. In eIther case, Persson claImed wIllIng to put a dIsclaImer In hIs game that It has nothIng to do wIth The Elder Scrolls serIes In anyway, and fInIshed that by “I am serIous, by the way.”

All of that was goIng on off the record. But today, It turned out Bethesdanot only refused Persson’s funny suggestIon, but that the sItuatIon Is also far from a solutIon of easy settlement. Persson posted on hIs TwItter account today, “The Scrolls case Is goIng to court! Weee! :D”

Persson explaIned that he was a fan ofBethesda’s game, but descrIbed the sItuatIon as nonsense. From hIs perspectIve, he summarIzed what has happened by “partly just theIr lawyers beIng lawyers, and a result of trademark law beIng the way It Is.”