Counting: I'm not just opposing everything you say. If I was that kind of troll, I would find a user on the forum who is already well-known, because it would be more fun to be a contrarian to them than it is to a random I haven't seen before. It is usually best to reserve accusations of trolling to when the other person stops making sense or adding new things. Not simply because they disagree with you.
That said, here is the reason for 'Quake'ing one's way out of a situation like this:
1) Yes, it's cool. Cool = Advertising. Anybody could tell you that (and they have!). Both sides win.
2) They're not exactly altering the Swedish legal system here. You aren't going to see Sweden legislate official Quake matches if Bethesda accepts. This is a one time event, where the results determine how the companies settle out of court, not a legally sanctioned duel.
3) It's a method of settling out of court. Notch has set terms. Bethesda gets to agree or disagree to these terms.
I actually don't understand why you are wall-of-texting about why this is an impossibility.
I think if you particularly pick someone's ("famous" or not) words (in general not personal) is kind of trollish. And the intention of having fun is also very trollish like you said. (Notch is having fun acting childish in a lawsuit situation is actually kind of trollish for law professionals in my opinion). So I think we all agree with this point. And I DO mentioned several time I DO NOT just view people who opposed me as trollish (but using emotional responses). And I do apologies if I used the word too harshly, since I am kind of tired with so many arguments going no where, and I have to write down text wall to explain so many basic IP rights stuff, which someone can easily look them up.
And since you don't want to read text wall. I'll break down into points.
1. I never said it's "IMPOSSIBLE" to happen. You can settlement whatever you want in private settlement. (I mentioned it in my previous text wall.)
2. There are formal channels, and using legal system to settle dispute by the ruling of neutral professional judges.
3. Whether or not different parties choose to go through legal bindings are their own choices (unless it reaches criminal offense, which some cases do and can, they are prosecute by the government).
4. In my opinion I think formal channels and settlement under IP laws system is better than private settlements, it has clear and already established guild line. And private settlements sometime don't actually have the ability to enforce them and made future lawsuits remain at high possibility. Since they depend on the good will of both parties.
5. As you said and I said the private settlement has nothing to do with formal legal lawsuits. So in future events it's not setting precedents in legal system.
6. Considering this has ALREADY going into the legal proceedings (opposed in 7/30) in IP lawsuit, this quake-up settlement is more kind of like a diversion than willingly to go through the proceeding.
7. Think about if Notch wins and get the trademark of "SCROLLS" then sells the trademark to a bigger game company in the future. (like he is done running business and want to retired from public, or just need the extra money. No matter how cool he is, Notch is not immortal). The lawsuit will happen again, but with a much more powerful opponent who can go through years of legal battles with Zenimax. The PR event will cause less now with less money, but lose a lot more and possibly lose the trademark in the future.
Analog story : Like you put up a cool party on the edge of your backyard with your next door neighbor to settle dispute, and people think it's fun/cool. So everyone in the community like you more now. But in the future if someone else moved in next doors, you will have to deal with them being possible trespassers, who may not be so nice, Using arguments/disputes as excuses to extend/claim their backyard directly to your back doorstep, since other bystanders want more and more fun parties and probably don't care about your backyard boarder. And the new malicious neighbors will use it as an opportunity to break into your house stealing. (Even Notch himself can do it if he wins, and he want to. Although I do believe he is quite cool about his image to ruin it). So at the first sign of dispute, it's better to call the cops than settle using fun/cool parties. (legal proceedings can assist to settle the disputes, not necessary going into formal trials, and why most settlements are mostly under the table, if you attract attentions, you are attracting troubles too).
If they do setup as "precedents" in private settlement, and it's designed for PR and cool, I would be happy to watch or even participate them if possible (I am bystander too, and want cool parties). But in my own opinion I don't think it's a good choice for Bethesda/Zenimax here, and Zenimax is running by lawyers (literally), so it's more not likely for them to accept. Bethesda the game developers may want to take it to the level of PR, but the legal proceedings will continue, and their legal advisers were likely to warm them against it. (Forbid them to talk even. The hint of their acceptance will likely end-up used against them in the test of "likelihood of confusion". And I think Notch's action is exactly trying to aim at this. it's not bad for Notch, but bad for future trademark right protection for Zenimax).
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Topic: Controversial copyright and trademark discussion (Read 7848 times)