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Bethesda's Parent Company Tells Notch 'Scrolls' is Off-Limits

ZeniMax Media lawyers up over potential confusion of Scrolls and The Elder Scrolls.

Notch put up a picture of the paperwork he received from ZeniMax on his Twitter account.
Notch put up a picture of the paperwork he received from ZeniMax on his Twitter account.

If Markus "Notch" Persson has his way, Minecraft is only the beginning for his studio, Mojang AB. It's already working on Scrolls, a still-developing idea cribbing parts from board games and collectible card games. It may or may not be called Scrolls when it actually comes out, though.

ZeniMax Media, the parent company of Bethesda Softworks, has sent Persson a stack of paperwork regarding the Scrolls name, claiming potential for market confusion with its own The Elder Scrolls series.

To be clear: Bethesda the developer is not pursuing this, it's the company who owns Bethesda.

"Today, I got a 15 page letter from some Swedish lawyer firm, saying they demand us to stop using the name Scrolls, that they will sue us (and have already paid the fee to the Swedish court), and that they demand a pile of money up front before the legal process has even started," said Persson on his Tumblr blog today. "I assume this is all some more or less automated response to us applying for the trademark. I sincerely hope Bethesda isn’t pulling a Tim Langdell."

This isn't the first time Persson has spoken to ZeniMax about this issue, he disclosed.

Persson applied for both the Minecraft and Scroll trademarks about six months ago as a precationary measure, even though Persson admits he's not a fan of trademarks in general.

"Better safe than sorry, and all that," he said.

ZeniMax then contacted Persson over the same issue at hand: confusion with The Elder Scrolls.

"I agree that the word 'Scrolls' is part of that trademark," he wrote, "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."

The threat of a lawsuit wasn't something Persson took lightly, even if he concluded there wasn't a case. He actually proposed a compromise where Mojang AB wouldn't place any words in front of the name -- i.e. Scrolls: The Banana Expansion.

He's not aware if Zenimax ever responded to this proposal, but he does have the potential for a proper lawsuit brewing now.

"I love Bethesda," he said. "I assume this nonsense is partly just their lawyers being lawyers, and a result of trademark law being the way it is."

ZeniMax and Bethesda have not responded to my request for comment thus far.

Patrick Klepek on Google+

184 Comments

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dr_mantas

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Edited By dr_mantas

Scrolls is a terrible name for a game.

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aspaceinvader

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Edited By aspaceinvader
@Spekingur said:

It's not like many people ever call the Elder Scrolls games by their full name. Most of us know them as Morrowind, Oblivion and Skyrim - and those are the names they will be remembered by.

This guy hit the nail on the head, or they do use the full name but not scroll(s), Its always going to be know as the eldar scrolls series of game and as has been said if anyone gets the word scroll or scolls confused with the eldar series needs to be educated. To be fair as was pointed out in the article if they were to put another word in front of the word scrolls then it could get confusing which is a fair point, but i didn't think that a word like scrolls could be trade marked as it is not the full title of the eldar scrolls game name, So my point is if anyone uses the word scroll(s) in their game name is liabel to be sued, bullshit, i think any court in the uk or even us would probably throw the case out, on the grounds that it does not infringe on the copy right of the game.  
 
What is there to stop the makers of say dungeons and dragons for example from sueing  ZeniMax Media for using the word scrolls in their fantasy game without asking the permission of them as they were using the word scrolls along time before they did. Can anyone see were this would be heading, the oxford english dictionary sueing the entire world for the use of the words it printed first etc.
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Prince_of_Space

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Edited By Prince_of_Space

This, along with the way Beth has dropped the ball on Fallout Online, really goes to show how much of joke the Zenimax legal department is.

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falling_fast

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Edited By falling_fast

bunch of dead Jewish guys rise from the grave and sue Bethesda for ripping off the Dead Sea Scrolls

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mrpandaman

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Edited By mrpandaman
@Aronman789:  
 
 Why do you hate him?
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President_Barackbar

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@Haru48: @JustinAquarius: To be clear: Bethesda the developer is not pursuing this, it's the company who owns Bethesda.

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Aronman789

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Edited By Aronman789
@mrpandaman said:
@Aronman789:    Why do you hate him?
Long story short he completely fucked over one of my friends.
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Woodwater

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Edited By Woodwater

It's doubly ridiculous when you take into account all the nice things Notch said about Skyrim. Business as usual I guess.

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lethalki11ler

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Edited By lethalki11ler
@damnable_fiend said:

bunch of dead Jewish guys rise from the grave and sue Bethesda for ripping off the Dead Sea Scrolls

nice one :P
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natetodamax

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Edited By natetodamax

Thankfully this will clear things up with the people who were like "OH SCREW BETHESDA THEY SUCK."

This is just a ridiculous thing for ZeniMax to pursue. I see no real point in it at all.

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ajamafalous

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Edited By ajamafalous

Even with the fucking sentence in its own paragraph stating that this is Zenimax and not Bethesda, there are still people who can't/don't read and are blaming Bethesda.

Keep on keepin' on, internet.

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kalmis

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Edited By kalmis

@sionweeks said:

How can someone confuse Minecraft and Elder Scrolls because of a Minecraft in game item? So someone is playing Minecraft and the see a scroll so they think it's Oblivion? So retarded.

Did you even read the article? Nothing to do with Minecraft. Its about their new game called Scrolls

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Agent47

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Edited By Agent47
@ryanwho: Yeah but that's the fault of internet people and their obsession with acronyms.The games are never officialy called GOW.
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deactivated-6281db536cb1d

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MikeGosot

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Edited By MikeGosot
@ryanwho said:
I confuse God of War and Gears of War all the time because 2 of the words are the same. Are they in the same universe? How do they connect? Boy this sure is confusing.   
Wait. You were not being serious? ...Sorry.
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morecowbell24

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Edited By morecowbell24

they seriously can't just think of another name?

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wolf_blitzer85

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Edited By wolf_blitzer85

Scrolls of Trenching: The Edge of War
 

@LiquidPrince

said:

Repost:

You can't fucking trademark regular words... I'm gonna go and trademark "The"... and make trillions of dollars...


If you want, we can partner up. I was thinking about picking up "Of". If we work together we can rule the world!


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deactivated-6281db536cb1d

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I sent them this. It won't matter though:

Good afternoon,
As a loyal fan of Bethesda Softworks, and by proxy, Zenimax's media conglomerate, I am saddened and disheartened at the low attempt to litigate against Markuss "Notch" Perrson, of "Minecraft" fame, over his alleged breach of copyright by using the word "Scrolls" in an upcoming game.
I would imagine that any competent legal team would know that according to the 2006 Supreme Court decision Planesi v. Peters, a single word can generally not be considered for copyright.
Trademarks, of course, are a little difference, but usually the company needs to provide evidence that a single word in the phrase epitomizes your brand (e.g. APPLE computers.)
Scrolls, in a no way, epitomizes the brand of your game franchise, only the combination of words "Elder Scrolls," does.
Your lawsuit is low, unwarranted and morally despicable.
The game industry should be working together to provide the greatest benefit to your consumers, but your actions do nothing but divide and anger them. These actions soil your name, and the integrity of all the developers/publishers under your umbrella.
If this litigation does not cease, I will regrettably not be purchasing any further products that bear your companies name.
Sincerely,
REDACTED
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GreggD

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Edited By GreggD

Notch sounds like a total hippy in this story. It's kinda funny.

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jorbear

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Edited By jorbear

@GreggD said:

Notch sounds like a total hippy in this story. It's kinda funny.

I thought he always sounded like a total hippy.

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HypotheticalSolution76

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If this is the precedent now, why stop at "scroll"? They'd have to sue every other game that wants to have a "V" or prevent any company from using the word "the" or perhaps sue so companies can't use the word "atmosphere" because of its likeness to the word "skyrim." 

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falling_fast

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Edited By falling_fast

@morecowbell24 said:

they seriously can't just think of another name?

they shouldn't have to.

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Skald

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Edited By Skald
@damnable_fiend said:

bunch of dead Jewish guys rise from the grave and sue Bethesda for ripping off the Dead Sea Scrolls

Is that the premise for Mojang's third game?
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tourgen

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Edited By tourgen

BULL SHIT

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Dan_CiTi

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Edited By Dan_CiTi
@MikeGosot said:
@ryanwho said:
I confuse God of War and Gears of War all the time because 2 of the words are the same. Are they in the same universe? How do they connect? Boy this sure is confusing.   
Wait. You were not being serious? ...Sorry.
lolwhat
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lucianotassis

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Edited By lucianotassis

@wolf_blitzer85 said:

Scrolls of Trenching: The Edge of War

@LiquidPrince

said:

Repost:

You can't fucking trademark regular words... I'm gonna go and trademark "The"... and make trillions of dollars...


If you want, we can partner up. I was thinking about picking up "Of". If we work together we can rule the world!

Count me in! I will trademark the verb "to be".

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Jazz_Lafayette

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Edited By Jazz_Lafayette
@A_Cute_Squirtle said:
I need to see a Banana Expansion to an Elder Scrolls game.
One of the unrevealed planes of Oblivion is just a massive banana.
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Minos

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Edited By Minos
@allworkandlowpay said:

I sent them this. It won't matter though:

These actions soil your name..... 
This is the best line EVER!!!!!!!!! 
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rmanthorp

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Edited By rmanthorp  Moderator

@ajamafalous said:

Even with the fucking sentence in its own paragraph stating that this is Zenimax and not Bethesda, there are still people who can't/don't read and are blaming Bethesda.

Keep on keepin' on, internet.

Amen.

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deactivated-5f90eabee6bba

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No one wants Notch's card game in the first place.

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valrog

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Edited By valrog

ZeniMax. Those bastards.

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The_Nubster

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Edited By The_Nubster
@allworkandlowpay said:

I sent them this. It won't matter though:

Sincerely,
REDACTED
So. . . is REDACTED your name? All caps and everything? 
 
Life must be hard.
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Angholt

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Edited By Angholt

@patrickklepek:

"He actually proposed a compromise where Mojang AB wouldn't place any words in front of the name -- i.e. Scrolls: The Banana Expansion." I think you mean e.g. not i.e. here.

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spekingur

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Edited By spekingur

Pulled from Wikipedia:

ZeniMax Media was founded in 1999 by Bethesda Softworks founder Christopher Weaver and Robert A. Altman. Weaver's vision was to use Bethesda Softworks as a hybrid-media company which would create cross-media properties for a diverse range of different platforms. Weaver brought Altman on board as CEO, contributing his stock in Bethesda Softworks so that the new shell company, named ZeniMax Media, would be able to obtain funding. Weaver moved to a non-operational role in 2002.

And a bit about the current CEO, Robert Altman (also pulled from Wikipedia):

Altman is a lawyer. He became part of the company BCCI. During his time there he was accused of helping the business buy an American bank and lying to US regulators about it. In 1992, he was indicted for eight felony charges in New York. Altman maintained that he himself was duped by the bank. He was acquitted of all charges, though he did agree to be banned from banking to settle a civil suit by the Federal Reserve.After leaving the practice of law, Altman became chairman and CEO of ZeniMax Media.

As Notch has already mentioned this might just have been an automated response by Zenimax Media's legal department after seeing the trademark application. Hoping that they will 'see the light' and stop this bullying nonsense.

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beforet

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Edited By beforet

Silly as this all sounds, we should remember that this is less Zenimax begin assholes and more the trademark laws being kinda effed. If a company wants to have any hope of securing its trademark then they need to attack any possible infringement. It's not a guaranteed thing like copyright; if you don't defend your trademark you lose your trademark.

Chances are this will end up a non-issue. This kind of stuff probably happens all the time behind the scenes.

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FightMeNerd

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Edited By FightMeNerd
@Spekingur I had nothing to do with this.
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Castro

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Edited By Castro

I don't know if this has been mentioned yet as I haven't had the opportunity to read through all the comments, but most websites that are reporting this are stating that Bethesda is the one responsible for this. I think its pretty awesome how Patrick pointed out that it was ZeniMax, not Bethesda, that was responsible. That is all.

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Zippedbinders

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Edited By Zippedbinders

Lawyers being lawyers. Besides, who the hell calls it The Elder Scrolls? Every single person I know refers to them as the subtitle, Daggerdale, Morrowind, Oblivion, and Skyrim. If it was called Skyrimcraft of the Scrolls of Eldritch, then maybe they'd have a case, but srsly.

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GreggD

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Edited By GreggD

@jorbear said:

@GreggD said:

Notch sounds like a total hippy in this story. It's kinda funny.

I thought he always sounded like a total hippy.

You may be right about that. I don't follow Notch's blog, or any of his internet contributions or interviews, so I don't really have an idea of his ego or personality.

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ShaneDev

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Edited By ShaneDev

A plausible theory I saw on Reddit is that Zenimax need to send this letter out to Notch to say "We care a lot about our copyright and franchises". It's apparently to make sure that if someone ever does come out with a fantasy game called "Scrolls of the Elders" that Zenimax can sue them and can prove that they previously defended their copyright. It would seem to fit with Notchs suspicion that it is simply automated lawyer work and that its not serious. Not my theory but it would make some sense since this seems to have come out of the blue.

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PXAbstraction

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Edited By PXAbstraction
@M16MoJo said:
@Milkman said:

@Warchief said:

Seriously Bethesda?

Let's read.

"To be clear: Bethesda the developer is not pursuing this, it's the company who owns Bethesda."

Thank you.
It's the same company. Bethesda has been a division of ZeniMax since their inception. In other words, they were created by ZeniMax.
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MordeaniisChaos

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Edited By MordeaniisChaos

There really needs to be international laws preventing this. I'm so tired of blatantly unfair TM/CR/Brand confusion issues.

@PXAbstraction said:

@M16MoJo said:
@Milkman said:

@Warchief said:

Seriously Bethesda?

Let's read.

"To be clear: Bethesda the developer is not pursuing this, it's the company who owns Bethesda."

Thank you.
It's the same company. Bethesda has been a division of ZeniMax since their inception. In other words, they were created by ZeniMax.

When SONY takes action, it is not the PS division, it is SONY. There IS a difference, and there IS a seperation. Bethesda is ONLY a developer and ZeniMax is the over arching company that funds their projects and I assume publishes and distributes then as well. Is id also responsible? Zeni bought them. Is it the same thing?

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Soffish

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Edited By Soffish

@PXAbstraction said:

@M16MoJo said:
@Milkman said:

@Warchief said:

Seriously Bethesda?

Let's read.

"To be clear: Bethesda the developer is not pursuing this, it's the company who owns Bethesda."

Thank you.
It's the same company. Bethesda has been a division of ZeniMax since their inception. In other words, they were created by ZeniMax.

Actually it's the other way around. Zenimax was created by the Bethesda founder about 15 years after he created Bethesda.

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Dogma

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Edited By Dogma

I have never ever heard Elders Scroll being called "Scrolls". Nobody says "let's play Scrolls!" or "Let's play that Scrolls game!". People either say Elder Scroll OR use Daggerfall, Oblivion, Skyrim etc...

You can't copyright this word. That would be silly. It would be close to the whole Edge stupidity.

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Cynic04

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Edited By Cynic04

Not the most professional thing to do.

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PXAbstraction

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Edited By PXAbstraction
@BlastoTheSpectre said:

@PXAbstraction said:

@M16MoJo said:
@Milkman said:

@Warchief said:

Seriously Bethesda?

Let's read.

"To be clear: Bethesda the developer is not pursuing this, it's the company who owns Bethesda."

Thank you.
It's the same company. Bethesda has been a division of ZeniMax since their inception. In other words, they were created by ZeniMax.

Actually it's the other way around. Zenimax was created by the Bethesda founder about 15 years after he created Bethesda.

Fair enough. I do remember Bethesda Softworks being the division of another company. When I bought the original Terminator game in 1990, I think it was called Media Services Ltd. or something like that. Not the same name but I assumed they just renamed themselves ZeniMax Media later. In either case, it ultimately doesn't change much. ZeniMax and Bethesda are the same company with the same representation and if ZeniMax is suing Mojang, they're effectively doing it in the name of their subsidiaries as well. My main point was to address those who are saying "It's ZeniMax doing it, not Bethesda so don't hate them!" They're both doing it in reality.
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D3adend

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Edited By D3adend

Aaannnd there goes my goodwill towards Bethesda.

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deactivated-5f9398c1300c7

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@Jimbo said:

So Todd Howard is suing Notch? What a jerk!

No. Todd's a game developer, not the owner of Bethesda. He has nothing to do with this.