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By responding continually in a reasonable manner, did notch inadvertently make Bethesda's case easier, because now they can show that he somehow agrees with the

By responding continually in a reasonable manner, did notch inadvertently make Bethesda's case easier, because now they can show that he somehow agrees with their case? I'm not saying he does, at all. Just that when lawyers are involved, there's usually a good reason the first advice they give you is to keep your mouth shut. FWIW, I never made the connection to the game "The Elder Scrolls" until it was made explicit. Shows you just what a weak case they have.

xinsight 15y ago
I agree - it's best to not let your enemy frame the debate. And agreeing to points is certainly not going to help your case. That said, there is lots you can say. This is my favorite example of a great smackdown response from a small cable manufacturer to Monster cable who claimed design infringement. Turns out the owner of the cable company was a retired lawyer. It's long - but educational. Here's a sample of what's inside: "If you sue me, the case will go to judgment, and I will hold the court's attention upon the merits of your claims--or, to speak more precisely, the absence of merit from your claims--from start to finish. Not only am I unintimidated by litigation; I sometimes rather miss it." http://www.audioholics.com/news/industry-news/blue-jeans-strikes-back http://www.audioholics.com/news/industry-news/blue-jeans-str...
BasDirks 15y ago
He's also telling Bethesda to back off or get assraped by public opinion.
- shaggyfrog 15y ago
  By now, I think most consumers have learned that the shenanigans in the games industry aren't easily stopped merely by a change public opinion. Just look at how widespread DRM is these days, and how much worse it's getting for end-users.
eridius 15y ago
He agreed that the word "scrolls" is contained within the trademark "the elder scrolls". I don't think he agreed to any other part of their position.
knowtheory 15y ago
You are making the assumption that Swedish law is like US law. US and British law are in some respects not sane on this subject (for example, defendants expressing sorrow or apologizing for personal injury being take as signs of culpability). That Bethesda has gone as far as to retain a Swedish law firm should point out that 1) they mean business and 2) they know that this is going to play out in mojang's court (literally I guess!).

xinsight 15y ago

I agree - it's best to not let your enemy frame the debate. And agreeing to points is certainly not going to help your case. That said, there is lots you can say. This is my favorite example of a great smackdown response from a small cable manufacturer to Monster cable who claimed design infringement. Turns out the owner of the cable company was a retired lawyer. It's long - but educational. Here's a sample of what's inside: "If you sue me, the case will go to judgment, and I will hold the court's attention upon the merits of your claims--or, to speak more precisely, the absence of merit from your claims--from start to finish. Not only am I unintimidated by litigation; I sometimes rather miss it." http://www.audioholics.com/news/industry-news/blue-jeans-strikes-back http://www.audioholics.com/news/industry-news/blue-jeans-str...

BasDirks 15y ago

He's also telling Bethesda to back off or get assraped by public opinion.

shaggyfrog 15y ago
By now, I think most consumers have learned that the shenanigans in the games industry aren't easily stopped merely by a change public opinion. Just look at how widespread DRM is these days, and how much worse it's getting for end-users.

eridius 15y ago

He agreed that the word "scrolls" is contained within the trademark "the elder scrolls". I don't think he agreed to any other part of their position.

knowtheory 15y ago

You are making the assumption that Swedish law is like US law. US and British law are in some respects not sane on this subject (for example, defendants expressing sorrow or apologizing for personal injury being take as signs of culpability). That Bethesda has gone as far as to retain a Swedish law firm should point out that 1) they mean business and 2) they know that this is going to play out in mojang's court (literally I guess!).