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Hey, Bethesda Let’s settle this

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Re: Hey, Bethesda Let’s settle this

#91
post #28

This is not without precedent. http://en.wikipedia.org/wiki/Southwest_airlines#.22Just_Plan... Southwest Airlines was sued by Stevens Aviation over their use of the phrase "Just Plane Smart" in their advertisements. Herb Kelleher, CEO of Southwest, offered to settle the dispute by arm-wrestling the CEO of Stevens. He lost the match, but got rights to the phrase anyways, and both companies got a lot of good publicity…

Something else not without precedent is companies duking it out in virtual competition.

http://afterhoursgaming.tv/about/

Microsoft, Google, Facebook, Amazon, Twitter, Zynga, Twitter, and Dropbox compete in a Starcraft II tournament. If you're curious, it has reached the semi-finals stage, and Microsoft is the only one who has not lost any matches.

Re: Hey, Bethesda Let’s settle this

#92
post #76

Earlier quoted context omitted.

You get a plus for that one. I always like when people provide evidence to back stuff up. To me though, how can someone trademark or copyright a single established word in any language, it just seems ridiculous really. PS: I hope Bethesda takes him up on the offer.

How do you feel about "Apple"?

Depends on if it's a green one or a red one. (haha jk)

But really, the same way I feel about Scrolls. Even considering the larger company size, and the higher revenue, and the longer life of the company. The only difference being Bethesda is going the extra mile and trying to monopolize a single word that is included within a group of words. The Elder Scrolls:(Insert subtitle here), while Apple is and always has been Apple. If I make a game or company called, Green Apple or Apple Smasher and Apple tries to sue me, I'm going to be using the same argument.

Re: Hey, Bethesda Let’s settle this

#93
post #86
post #76

Earlier quoted context omitted.

How do you feel about "Apple"?

The computer company or the record label?

Well that's the point, right? If I make a computer called "Apple", that's confusing for people buying computers. If I release records under "Apple", that's confusing for people buying records (although you could make the case that people don't care). Otherwise, I'm free to use it.

Trademarks don't mean "word monopoly".

Re: Hey, Bethesda Let’s settle this

#94
post #34

Earlier quoted context omitted.

Well they did hire the creator of Dota to work on it for them, not like they've stolen the name from him..

IceFrog isn't strictly the author of DotA. DotA is, if memory serves, based on an even older mod called Aeon of Strife. And DotA's development history is riddled with support from the WC3 mapping community so it's really unfair to name any one individual as a sole creator or rights holder. There really is no rights holder to the game and there have been at least 3 major releases by distinct developing groups: Demigod…

I am baffled by this behavior. Everytime, and I mean everytime, I see IceFrog given credit to DotA, there will always be that guy who tries to discredit him in one form or another. You gotta give that guy credit for putting things together. He may be a shrewd person in real life from what I've heard, but at least he did a fine job at what he does.

A fine analogy, I think, is Linux kernel. Would you not give Linus credit for being in charge (accepting/rejecting patches etc) eventhough he admitted more than once that he doesn't do much nowadays; everything is mostly from the community.

Re: Hey, Bethesda Let’s settle this

#95
post #76

Earlier quoted context omitted.

How do you feel about "Apple"?

Depends on if it's a green one or a red one. (haha jk) But really, the same way I feel about Scrolls. Even considering the larger company size, and the higher revenue, and the longer life of the company. The only difference being Bethesda is going the extra mile and trying to monopolize a single word that is included within a group of words. The Elder Scrolls:(Insert subtitle here), while Apple is and always has been…

Yeah, I'm not gonna try to defend that a game called "Scrolls" is going to confuse anyone, that's total BS. Just saying that the idea of a trademark applying to an English word isn't, like, completely out of the question.

Re: Hey, Bethesda Let’s settle this

#96
post #94

Earlier quoted context omitted.

IceFrog isn't strictly the author of DotA. DotA is, if memory serves, based on an even older mod called Aeon of Strife. And DotA's development history is riddled with support from the WC3 mapping community so it's really unfair to name any one individual as a sole creator or rights holder. There really is no rights holder to the game and there have been at least 3 major releases by distinct developing groups: Demigod…

I am baffled by this behavior. Everytime, and I mean everytime, I see IceFrog given credit to DotA, there will always be that guy who tries to discredit him in one form or another. You gotta give that guy credit for putting things together. He may be a shrewd person in real life from what I've heard, but at least he did a fine job at what he does. A fine analogy, I think, is Linux kernel. Would you not give Linus cre…

> "Everytime, and I mean everytime, I see IceFrog given credit to DotA, there will always be that guy who tries to discredit him"

Probably because the claim he invented DotA is wrong. I'm not trying to discredit him, he's probably the single largest single contributor to the genre. But saying he invented it is wrong and a smack in the face to those who did.

Re: Hey, Bethesda Let’s settle this

#97
post #3

If only all legal battles could be solved with an old-fashion duel. Even better, lets make the lawyers fight to the death. Solves both the legal side and serves as a nice control of the lawyer population... More seriously, I really hope that the legal system can start setting a practical standard for intelectual property debates. From patents to trademarks or even how we handle trade secrets, it's like the informatio…

Check out The Dosadi Experiment by Frank Herbert.

Re: Hey, Bethesda Let’s settle this

#98

I love this idea, and in a society that prided itself on honor, Bethesda would take him up on it. Unfortunately the law does not promote honorable behavior.

Remember, in Game of Thrones, that Bronn only became Tyrion's champion for the money, not any sense of honor. What if Bethesda finds it easier to hire 3 top Quake 3 players for 1k each to fight Notch and friends? They might find it easier than going through the lawsuit.

Notch can easily afford to pay top Quake 3 players too though.

Re: Hey, Bethesda Let’s settle this

#99
post #73

I love this idea, and in a society that prided itself on honor, Bethesda would take him up on it. Unfortunately the law does not promote honorable behavior.

I think this idea is funny, but a future where legal disputes are settled by whoever is a better gamer/swordsman/chess player is moving back toward feudalism. Ideally, the winner of the legal dispute should have something to do with the merits of the case. I realize that there are weights on the scales of justice that are heavier for the one who has more money, but if it comes down to might-makes-right, the little gu…

Money is a weight on the side of the big guy whether the competition is Quake or Court.

Money can always buy you an advantage in a duel, just like it buys you better lawyers.

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