What Does Bethesda's Legal Win Mean for Minecraft Creator Mojang AB?

Markus "Notch" Persson's next game might need a name change. ZeniMax Media, the parent company of Bethesda Softworks, has won its battle against Interplay, in which Bethesda aimed to regain control of its rights to the Fallout video game series. Earlier this week, ZeniMax announced that the “license granted to Interplay to develop the Fallout MMO is null and void,” thereby ensuring that Bethesda is the only company that can develop Fallout games from here on out. While this case is considerably different from the one surrounding Minecraft creator Markus "Notch" Persson – and his new game company, Mojang AB – the results are anything but good news for Persson's upcoming project. Last year, ZeniMax attempted to force Persson to change the name of his upcoming game, Scrolls, because of trademark infringement. ZeniMax does not own the Scrolls name. It does, however, own the rights to the hugely popular Elder Scrolls series, which Bethesda develops. Persson responded to the legal battle by challenging Bethesda to a game of Quake 3. Last August, Persson wrote the following on his blog: “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 we win, you drop the lawsuit. If you win, we will change the name of Scrolls to something you're fine with. Regardless of the outcome, we could still have a small text somewhere saying our game is not related to your game series in any way, if you wish.” “I am serious, by the way,” he concluded. Persson later joked that he made the wrong decision in making this bet. “If it came to a Quake III tournament, I have a feeling we just might have to change the name,” Persson told Wired. “In retrospect, Quake III might have been a poor choice.” I support Persson's decision to produce a game by the name of Scrolls. Bethesda and ZeniMax should not be allowed to take ownership of the “Scrolls” name simply because it is one of the words in “Elder Scrolls.” That is ludicrous – even more so than the ongoing patent battle within the tech industry. Unfortunately, something tells me that Persson won't have an easy time winning this one. The law may be on his side, but the money and power are with ZeniMax. Let's hope that this is one of those times when the little guy wins. Follow me @LouisBedigian