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roquefort

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Posts posted by roquefort

  1. I support Bethesda. I believe they do have a right to sue over the use of SCROLLS since Bethesda already copyrighted that. Notch should of thought about it before they decided to call their thing SCROLLS. I'm sure there is more details into why they decided to sue but I'm sure they have good evidence to support their lawsuit. This only will make me support Bethesda more, protect one of my fav companies. I don't give *beep* about Minecraft...sry that's just the truth :P

    Sorry to labour the point, but the issue is trademark not copyright: they're totally different legal constructs. It's true nevertheless that you can't claim copyright on a single word, or even a phrase. There are many examples of different songs, or book titles, with the same name, even though the music and lyrics, or other creative content, are copyright-protected.

     

    I do wonder how a unique or highly original song title could be protected, should the composer wish to do so, though. If the Rolling Stones didn't want somebody coming out with their own song called Jumping Jack Flash they'd have to use the trademark option. It can all get very confusing :biggrin:

  2. "Unsure of how that could be right. My opinion, Wegmans has prior use. "

     

    I think the 'prior use' argument only carries any weight with unregistered trademark claims (in legal disputes over such rights) if the logo or whatever is widely recognised as belonging to that company (like Shell Oil's shell symbol for example). Otherwise the registered trademark would be seen as the legit one.

     

    Of course it's always down to court judgements in the end.

  3. "I need to find a couple of Gifted impressionists to "fix" the beggar voices where they suddenly switch from their normal voices to upper class ones for certain topics <shudders>."

     

    I like to think of the beggars as hard-up out-of-work actors from the Oblivion Shakespeare Company, who put on the joke Mummerset 'beggar' voice when they see a likely mark, but revert to their normal actorly voices when you actually ask them something.. :biggrin:

  4. "Mojang's game Scrolls is a collectible card battling game, not an RPG. It can't be about the game. It's about the name."

     

    Well it's a given that there wouldn't be a debate about this, or threats of legal action, if the word 'scrolls' wasn't involved, so yes it is, in this instance, about the name.

     

    The point I was getting at is that,in the wider world, trademarks cover a particular type of product or service, and there is only a violation of trademark law if the contested products or services are similar, so in this case the argument, should it get to court (which I doubt), would be about the game and its resemblance or non-resemblance to Elder Scrolls, and the court would have to consider if the public might believe that Scrolls was a product of Zenimax Media.

     

    I'm not familiar with Mojang's game Scrolls and so can't really form an opinion one way or the other, but from what you've said it sounds like the complainant doesn't have much of a case and is simply trying it on; or maybe just putting down a marker to indicate to anybody who might make a serious & deliberate attempt to dilute or compromise the trademark that it won't be tolerated.

  5. as some one is joking that next they sues every gamemaker that uses word "the" in a name on their game.

    I refer the honourable gentleman to post #164 passim.

     

    "It doesn't say anything about them having the same content, game elements, similar look, or anything unless you count 'shows serious visual, phonetic and conceptual similarities'..."

     

    Two different ways of saying the same thing, so I don't understand the confusion.

     

    It really isn't over the word Scrolls. If the proposed new game was a football game, or a car-race game (for example) then there wouldn't be an issue -- TES legal team would have no traction with that even if they thought to try it on. So it is ultimately about possible confusion between the two.

     

    I'm not saying I agree or disagree with who's doing what over this, just trying to clarify things as I see them.

    :thumbsup:

  6. im light of this discovery im copywriting the word (the) and the letter (i I) both capital and lower case so now all books and any text or keyboard company etc has to pay me money to be used. is that dumb enough for ya zenimax?? bunch of fools.

    The issue is trademark, not copyright, although there does seem to be a lot of confusion about the two.

     

    You could indeed trademark the word 'The' if (for example) you owned a clothing chain called that. There's a band called The The, and I'll bet they've trademark-registered that name.

     

    The thing about trademark violation is that it's only a violation if the product (or whatever) with a similar name can be confused with the original, so (again for example) the sedative once marketed in the UK as Oblivon [sic] would not be threatened by Bethesda's legals if it were still on sale; one's a game and the other's a pill.

     

    Somebody else in the thread reckoned that a single word couldn't be trademark-registered. Tell that to Apple, or Windows. Practically anything can be registered as a trademark; random letters, a word, a colour-combination (though that most likely would fall under 'trade dress'), a logo or icon, or even a single colour (check out International Klein Blue).

    :thumbsup:

  7. Fixed, I had d3d9 on. I couldnt launch the game again. I removed d3d9.dll and started game. Then quited, readded the dll. And it was fixed :D

    I request deletion of this thread.

    Why delete?? Somebody else might have a similar problem and be looking for a solution. This site has an archival function as well as an info exchange :thumbsup:

  8. If you have a joystick attached unplug it.

     

    Also you might want to read the site's T&Cs on the subject of bumping topics.. :thumbsup:

     

    I'm not using a joystick just a mouse, but the laptop touchpad also doesn't work in this situation. What are T&Cs and where do I read them? Or you could just explain maybe your not allowed to bump or something?

    T&Cs = Terms & Conditions. There's a link somewhere on the site. I just emphasised the bumping thing because people have been kicked, or pulled a strike, for repeated bumping, and you might have found that fact helpful. I think they don't mind one bump though :thumbsup:

     

    EDIT: to add: Just FYI, here's the relevant link >>>

    http://www.thenexusforums.com/index.php?/topic/2881-all-newbies-read-this-before-posting/

    The bit about bumping comes under 'spam'

  9. True, and I nearly posted that one as well. But the majority of the site's users are outside the UK, and probably in the USA; also this isn't about site-specific issues. Bear in mind too that some, maybe all(?), of the nexus files are mirrored on US servers, and most likely subject to US law.

     

    US copyright law is likely to conform to internationally agreed standards and, in any case, where do you stop with listing all possibly official links for this subject?

     

    ;)

  10. Most fanfic is fine. However, One author - of a famous magic series revolving around a glasses wearing young mage and his adventures at the magical university he attends - (Her lawyers search to find every reference to her name and book titles as well as her character names for people to sue) has sued fanfic authors for using her characters and themes without consent. :rolleyes:

     

    Please keep it clean enough for a thirteen year old (PG13) to avoid unnecessary flaming and trolling.

     

    Here is a wiki on the legality of fanfic :psyduck:

    http://en.wikipedia.org/wiki/Legal_issues_with_fan_fiction

     

    If that doesn't scare you off, go for it. :thumbsup:

    Just to note that the Wiki page says, of JK Rowling; J. K. Rowling has also complained about sexually explicit Harry Potter fan fiction. However, lawyers on behalf of Ms. Rowling specifically noted, she has "no complaint about innocent fan fiction written by genuine Harry Potter fans".

     

    ..so we might yet see a mod in which young Potter joins the Mages' Guild :tongue:

     

    The following link is possibly more reliable than Wiki with regard to copyright facts:-

    http://www.copyright.gov/

  11. I am glad you said the color wasn't set in stone. I think it is too bright. I think that if it is matched with the current, more tannish-yellow orange of the current (old?) TES Nexus site, that would be enough and bring some continuity. I like that the current (old?) sites have different colors. I know without even having to concentrate which Nexus site I am on due to the color. I hope that continues.

     

    The file images.....0_o....are all the authors going to have to restructure their primary image to keep it from being warped? or is that something that will be fixed? An amazing amount of the images are warped now that I saw while looking at the mods page by page.

     

    I am sorry to see the "full page" part going away. It will waste almost half of my screen. That was one of the things that I didn't/don't like about the BSN. Skinning the unused area is fine I guess but it reminds me of old, outdated stuff like watching old 4:3 formatted television shows on my new 16:9 LCD 50". I can understand your reasoning behind it....something that doesn't take 24/7 of your time and being compatible. I also know you aren't going to change it...so just saying. ;)

     

    I am excited to have less or no "my sqrl" connection errors. I can get used to anything and that will definitely take some getting used too.

     

    *EDIT*

    BTW, what is this in the upper left corner? It only happens if I hit the home page button or am navigating to the page for the first time. It only happens for a second but if I am fast enough, clicking on the stuff opens pages. There doesn't seem to be a way to open it up "normally".

    http://i695.photobucket.com/albums/vv318/XTR3M368/weridnexus.jpg

    That garbled drop-down happens in Firefox, but not (apparently) in IE. I use Firefox, as do many others, and I'd really prefer that it didn't do that.

     

    Otherwise, the new design looks OK.

  12. "I resent the lack of historical accuracy when speaking about "medieval realism"

     

    I think what many people think of as medieval realism is actually 19th century Romantic interpretation of Thomas Malory, by way of the Pre-Raphaelite Brotherhood (and subsequently Hollywood).

     

    In any event, surely Oblivion is more sword & sorcery than 'medieval', so tin bikinis and big effing swords are entirely acceptable, being part of the genre's tradition. :biggrin:

  13. Sounds like frame-skipping, which has been a problem for many people over time. Happened to me recently after a driver update, and I fixed it by removing the official video drivers & installing Omega ones.

     

    I also use an integrated sound card. A dedicated one would definitely be a better idea though..

  14. I watch the smooth riding Youtube Oblivion LPs. I got to try that! Get the horse, drive into a tree. I figure that once I'm on the horse, it would be connected to the mouse movement... not! From Anvil to Cyrodiil I drove into five trees, two fences, nine boulders, side-swiped the police, head-on collision with another rider, ran over a pedestrian and drove over a cliff twice. Almost as bad as driving home from work everyday.

    You don't live in Lisbon (Portugal) by any chance?

     

    Was there recently -- posted speed limits appear to suggest a minimum, rather than mandate a maximum, speed. :tongue:

  15. Haven't played in a while now, after playing through the game and continuing on for a couple of months.

     

    In the end, though, I just got fed up with the general skankiness & squalor of the interiors and the endless, rock-strewn dreariness of the wasteland and went back to Oblivion, which is not only prettier but has a lot more going on in it, it seems to me.

     

    I still check out the Washington burbs and its denizens occasionally, but soon end up wishing someone would just come along and tidy it all up :biggrin:

  16. "First once you figure out what video card you have mosey on over to the manufacturers website and install the latest drivers available for that card."

     

    All good sound advice from Dan3345, but I (and many others) would recommend that you download the alternative Omega video drivers, rather than the manufacturers' ones...

     

    http://www.omegadrivers.net/

     

    I speak from experience when I say that the latest OEM drivers aren't always the best, and can often introduce incompatibilities not present in previous versions.

  17. If you do kill Lucien, his robe & hood have pretty good sneak attributes. I always whack him if he appears (usually happens because I've accidentally killed a non-enemy in battle) :biggrin:
  18. "Human wind chimes has entered my mind as a spring cleaning of our government as well."

     

    Historically speaking, people who think along those lines tend to give rise to something, in the event that they ever achieve power, far worse than that which they seek to replace.

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