Zenimax Files For Trademark On A Skyrim Internet Meme

from the arrow-to-the-knee dept

We are all aware of the aggressive nature of Bethesda parent company Zenimax when it comes to trademarks. We now learn that it is not only aggressive in defense of its trademarks but is also an aggressive filer of trademarks for things surrounding its properties. Fusible is reporting that Zenimax has recently filed 6 different trademark applications covering a variety of uses of the phrase "Fus Ro Dah".

For those of you not in the know, "Fus Ro Dah" is a phrase spoken by characters in the Bethesda game Skyrim when casting a spell that sends a blast of energy knocking back anything in its path. For those Star Wars buffs out there, it is very similar to a Jedi Force Push. This spell has spawned its very own meme using both in game footage of the spell use and the use of the phrase just before real people fall on video, as can be seen here:


While we are not entirely sure of Zenimax's true intentions, we do know that due to the ownership culture we have in the US many companies want control over anything related or somewhat related to their properties. This protectionist attitude is probably the primary driver of this move. Zenimax most likely feels that since this meme is based on one of its properties, it should have sole control over its use.

Unfortunately, this move to trademark a meme can actually result in its premature death. Memes are born in the wild and are best able to grow and spread if left to the whims and wiles of those on the internet. Memes cannot be controlled or tamed. If Zenimax's trademark filing is approved, the moment it makes its first move toward control, such as sending a cease and desist or taking down a video, it will feel a backlash by fans of Skyrim. If Zenimax had anyone capable of rational thought running its operation, it would have left this meme be and sat back and enjoyed the free advertising it provides for one of its games.


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  1.  
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    Anonymous Coward, Apr 13th, 2012 @ 5:20am

    will you please stop trying to bring any sort of sense into things please? you know damn well it wont work!

     

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    Mike, Apr 13th, 2012 @ 5:28am

    More plausible explanation

    might also be that while Zenimax likes (or at least doesn't mind) the meme, they don't want others making money on it. A registered TM would give them a way to C&D those that would seek to capitalize on the meme at the expense of the community.

     

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    ExistentialThreat (profile), Apr 13th, 2012 @ 5:34am

    I can haz trademark?

    Trademark ALL the things!

    Seems a little late. Memes are by their very nature short lived (Chuck Norris aside). But that's what happens when you feed your lawyers after midnight.

     

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    Anonymous Coward, Apr 13th, 2012 @ 5:43am

    Re: I can haz trademark?

    Sadly they dont die in sunlight

     

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    Mesonoxian Eve (profile), Apr 13th, 2012 @ 5:55am

    Looks to me as though this meme will get an arrow in the knee.

     

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    Torg (profile), Apr 13th, 2012 @ 6:23am

    Re: More plausible explanation

    While that is a better reason than wanting the fans to stop liking their stuff, I don't really see who this is harming.

     

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    The eejit (profile), Apr 13th, 2012 @ 6:33am

    Re: Re: I can haz trademark?

    I'm working on a rhinovirus that makes all people allergic to legalese. That should solve the problem.

     

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    Anonymous Coward, Apr 13th, 2012 @ 6:38am

    Re: I can haz trademark?

    Chuck Norris would get his ass kicked by Liam Neeson. He freed 1000 jews from the nazis, trained obi-wan and Batman, he led the A-Team, saved Narnia, and he released the freaking kraken. What did Chuck Norris do? He solved crimes with a bunch of hillbillies in Texas and got his butt whipped by Bruce Lee.

     

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    Machin Shin (profile), Apr 13th, 2012 @ 6:45am

    Re: Re: Re: I can haz trademark?

    Sadly that would be the most deadly virus ever created. Just stop and think how many things in your day to day life have been plastered with legalese to protect company from being sued.

     

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  10.  
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    E. Zachary Knight (profile), Apr 13th, 2012 @ 6:50am

    Re: More plausible explanation

    Who are they to say that a meme can't make money? They didn't create the meme. They didn't spread it. If someone wants to make money on the meme and the wider community doesn't like it, the community will solve the problem. They don't need a trademark to police the behavior.

     

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    E. Zachary Knight (profile), Apr 13th, 2012 @ 7:15am

    Re: Re: More plausible explanation

    As a follow up, people are already making money off the meme.

    http://www.cafepress.com/+fus-ro-dah+t-shirts

    Just one example. There are many many more out there.

     

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    Overcast (profile), Apr 13th, 2012 @ 7:25am

    Who are they to say that a meme can't make money? They didn't create the meme. They didn't spread it. If someone wants to make money on the meme and the wider community doesn't like it, the community will solve the problem. They don't need a trademark to police the behavior.

    Yep, they did not create it.

    In my spare time, I enjoy modding Fallout 3 and potentially I will do some modding for Skyrim too eventually.

    But this makes us modders nervous. If I come out with some really good content, will they seek to trademark it out from under me? Even though I likely wouldn't make a dime, and never plan to - I would quit modding right away if they did that.

    While I wouldn't be annoyed about any 'profit loss' - it suddenly puts me in a position legally, that I wouldn't want to be in.

    Hmm, maybe I should find something else to do, huh?

    But if not for us Modders - Oblivion, Fallout, and Skyrim's re-playability would be *significantly* lesser.

     

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    G Thompson (profile), Apr 13th, 2012 @ 7:44am

    For all those who have played Skyrim you will know that all Zenimax needs is an arrow in the knee, because basically they are butthurt since someone stole there sweetroll.

    Aawwww poor babies!

    What's next they want to trademark Dragons too? or the use of "Nordich" themes in a game/movie/novel/whatever?

    Though the memes for Skyrim cannot be stopped by some idiot country in one country trying to control what is a WORLDWIDE phenomenon that they just provided the original idea for.

    Or are they also trying to tm the idea for "Force Balance Push" (What the words mean in the Dragon tongue of the game)


    Maybe someone should create a meme that says "Zenimax - Fools R Dumb"

     

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    G Thompson (profile), Apr 13th, 2012 @ 7:46am

    Re:

    You need to have some Mead! :)

    http://www.youtube.com/watch?v=DL4vR3PB2oY

     

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    G Thompson (profile), Apr 13th, 2012 @ 7:49am

    Re: Re:

    oops. sorry here's the Better video with awesome modded video
    (I never had that many mead bottles in whiterun.. damn)

    http://www.escapistmagazine.com/videos/view/miracle-of-sound/5350-Nord-Mead-Skyrim

    To the brotherhood! *hic*

     

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    Magicl1, Apr 13th, 2012 @ 7:57am

    Skyrim

    I can't even get the stupid game to run. They use Steam and it always crashes... therefore, I don't care about the silly words.

    OK, I know this is not on topic.

     

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    G Thompson (profile), Apr 13th, 2012 @ 8:00am

    They use Steam and it always crashes.

    There's your problem.. The water from the steam is making your fandanged electonical equipement emit sparks.

    You need more coal!

    (Ok.. hiding now)

     

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    Anonymous Coward, Apr 13th, 2012 @ 8:42am

    Seiously? ZeniMax is not wanting to destroy the existence of memes. Oh, come on. ZeniMax is simply trying to protect an asset that has become synonymous with their game. I doubt ZeniMax has any intention to remove those videos on YouTube, Memes on CheezBurger or anything else. They registered it because they don't want anyone else using it in a different, unlicensed game that would take away from sales.

    That's CLEARLY the reason. That's CLEARLY their intentions.

    You guys are retarded.

     

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    E. Zachary Knight (profile), Apr 13th, 2012 @ 8:58am

    Re:

    They registered it because they don't want anyone else using it in a different, unlicensed game that would take away from sales.

    You know what's really really funny about that line of reasoning? There are over 200 Dragon commands in the game and this is the only one they are filing a trademark for. The only reason they are doing this is to control its use as a meme. Seriously, check out the 6 filings. Half of them are for merchandising. If that is not a mad dash to cash in on a meme, then nothing is.

     

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    G Thompson (profile), Apr 13th, 2012 @ 9:02am

    Re:

    CLEARLY you have never heard of the word "SCROLL" which Zenimax seem to think they own for everything

    nice try

     

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  21.  
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    Torg (profile), Apr 13th, 2012 @ 9:14am

    Re:

    Really? A game that contains the phrase "fus ro dah" will harm Skyrim's sales? Are people only allowed one game to fulfill their Force Balance Push needs?

     

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    Anonymous Coward, Apr 13th, 2012 @ 9:24am

    Re: Re:

    Another game could always make do with "Rus Do Fah", or some similar variant. Or would the lawyers object to that as well?

     

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    Silence8, Apr 13th, 2012 @ 9:37am

    In all fairness, there are plenty of people besides Zenimax/Bethesda making money from Skyrim.

    http://www.etsy.com/search/handmade?search_submit=&q=skyrim&view_type=gallery& ;ship_to=US

    If they were smart, they'd create a marketplace on their own site for handmade Skyrim goods, and take a 1% cut on all goods sold. They'd make a tiny profit, but FREE ADVERTISING!!

    Game companies need to realize, just like music and movie companies, that fans mashing, mixing, and reworking your IP, is what keeps your product alive in the minds of fans. You release it, they build upon it, and it keeps the train rolling until your next release.

    There is a whole culture around Skyrim, and it's fun browsing through http://reddit.com/r/skyrim looking at all the stuff people come up with because they love the game. None of this hurts the game, it only makes it better.

    (Skyrim player, 109 hours playing, just started main quest a day ago)

     

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    Torg (profile), Apr 13th, 2012 @ 9:45am

    Re: Re: Re:

    They could, but I don't see why it would help. Has Cthulhu Saves The World really damaged Call of Cthulhu's sales, and would Thculhu Saves The World be that much better?

     

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  25.  
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    Watchit (profile), Apr 13th, 2012 @ 9:45am

    Re: Re: More plausible explanation

    I love that shirt :D

     

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    Watchit (profile), Apr 13th, 2012 @ 9:47am

    Re:

    (╯O)╯FUS RO DAH! ==== ┻━┻

     

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    Watchit (profile), Apr 13th, 2012 @ 9:49am

    Re: Re: Re:

    trade mark confusion, duh! Everyone knows that regular people can't tell the difference between the real deal and a parody! regular people are too stupid for that ;)

     

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    Watchit (profile), Apr 13th, 2012 @ 9:51am

    Re:

    thankfully Bethesda itself has been really open to the modding community as well, they even did a spotlight on this beautiful mod:

    http://www.escapistmagazine.com/forums/read/9.338825-Skyrim-mod-turns-dragon-into-giant-fire -breathing-Fluttershy

     

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    Greevar (profile), Apr 13th, 2012 @ 9:56am

    I was going to trademark this meme, but then I took an arrow to the knee!

     

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    The eejit (profile), Apr 13th, 2012 @ 11:56am

    Re: Re: Re: Re: I can haz trademark?

    That's not a bug: that's a feature.

     

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    The eejit (profile), Apr 13th, 2012 @ 11:59am

    I prefer Wulding my way across Skyrim.

     

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  32.  
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    Drew (profile), Apr 13th, 2012 @ 1:27pm

    Fus Ro Dah! Fus Ro Dah! Fus Ro Dah! Fus Ro Dah! Fus Ro Dah!
    AWWWWW YEAAAAAAA I'm right here Zenimax come and get it.

    It's how I'm going to start greeting everyone instead of a simple hello. I think I'm going to quit my job to go work at Wal-Mart as a greeter.
    Hello welcome to Fus Ro Dah!

    Can you imagine the epicness of yelling Fus Ro Dah! all day!
    Hey Zenimax guess what? Fus Ro Dah!

    PS if you're thinking of taking me to court don't try I will Fus Ro Dah you in the mouth with a rusty Fus Ro Dah till you're begging for a C-C-C-COMBO BREAKER!

     

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    TheLoot (profile), Apr 13th, 2012 @ 2:53pm

    Some serious "Doom-saying" on this topic. Unless I'm mistaken, they made the entire language from scratch for Skyrim, so I'd say they have some ownership interest in anything that utilizes it.

    As for "cashing in on the meme", isn't that what every one else is doing, on something that isn't theirs to begin with?

     

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  34.  
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    E. Zachary Knight (profile), Apr 13th, 2012 @ 4:20pm

    Re:

    Four months ago, the phrase "Fus Ro Dah" had no market value for Zenimax. Four months ago, they considered it nothing more than one of 200 Dragon Shouts in a game they made. Do you think that they should be able to have a monopoly on something that they had ZERO hand in making? I certainly don't.

    If they had truly valued this as a brand they could monetize, they would have done so 4 months ago when it was created. Not today after it has already been established in the marketplace by people who recognized its value four months ago.

     

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    Anonymous Coward, Apr 13th, 2012 @ 8:40pm

    Re: Re:

    To be fair, the shout "Fus Ro Dah" has been the one they used in marketing the shout system. They also made it fairly iconic by using it as the crescendo for their gameplay reveal trailer. Nothing legally binding, but they built "Fus Ro Dah" up to be a bit more than just one of many shouts.

     

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  36.  
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    That One Guy (profile), Apr 13th, 2012 @ 9:01pm

    Re: Re: Re:

    That and it's easily the most entertaining shout in the game.

    I mean come on, shouting people across the room/off mountains/into traps... that never gets old.

     

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    That One Guy (profile), Apr 13th, 2012 @ 9:03pm

    So was I the only one who was expecting a 'this video has been taken down due to...' message when I clicked the play icon, given the rest of the article?

     

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  38.  
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    Anonymous Coward, Apr 13th, 2012 @ 9:55pm

    Re: Re:

    Do you remember any of the other dragon words in the game?

    Probably not.

    Let me explain my reasoning:

    1) Fus Ro Da is in the Dragon Language which was created by ZeniMax.
    2) Fus Ro Da is probably the only shout from which you remember in the game.
    3) If you go up to someone and say "Feim Zii Gron," even if they're a gamer, they probably will have no idea what you are referencing unless they are REALLY into Skyrim. But suddenly you say "Fus Ro Dah!" and it is IMMEDIATELY understood as a reference to Skyrim.

    About Scrolls:

    I do not agree on ZeniMax with suing Mojang over this. I think it's pretty ridiculous myself. But the difference is that if Mojang WERE making a game called "Fus Ro Dah Dragons!" or anything with "Sky" or "Rim" together in it, it's clearly trademark infringement.

    This is where fair use comes into play.

    Fair Use, as described by Wikipedia includes, but not necessarily limited to: "commentary, criticism, news reporting, research, teaching, library archiving and scholarship."

    1) Fus Ro Dah used is a part of either criticism, or if you don't agree with that, you can say easily see the parody aspect of it. Wikipedia also reporting: "it can be protected from claims by the copyright owner of the original work under the fair use doctrine."

    2) Let's be honest. Who the f*** would you sue for an internet meme? The CheezBurger networks? Yeah right. They have enough money so that they can afford that lawsuit. 4chan? 4chan has CP on it half of the time, so they can deal with THAT problem first, and then claim DMCA protections.

    3) None of these things are being used for profit. Nobody is trying to sell Skyrim illegally and saying it's completely legal. If they are, they're retarded too. If I came out with a shirt that said "Fus Ro Dah!", then ZeniMax has a COMPLETELY reasonable reason to sue me! I am USING THEIR WORK THAT THEY CREATED WITHOUT THEIR PERMISSION. That is COPYRIGHT or TRADEMARK infringement.

    What you freaks are calling for is the total abolishment of copyright and trademark in general, when actually it IS used to support the Industry. Is the law abused? Of COURSE it is. I would never argue that, because that is DEFINITELY clear to all parties of every side and opinion.

    This website is a disgrace to reporting news because:

    1) Extremely biased. TechDirt is like the Fox News of web blogs. I think that goes without saying.

    2) Too in-depth reasoning. Mike could say that Apple is a terrible company because they filed a copyright for a new logo, and then claim that this is a CLEAR attack on the public domain because god forbid Apple have rights over their logo, and Apple, being associated with computer products.

    3) It twists the facts. While there MAY be more general music being produced, most of this music is NOT created for professional use. Most professional musicians out there aren't doing too well. At all. I know, because I AM a musician and I know how it feels to be broke for that past 3 years. While music sales may have increased, you'll notice they'ved only increased for the top artists out there. By "Top" I mean a broad range of musician in every field. Read into it as you will, it means the same thing.



    Another thing.

    ZeniMax, from the understanding of this article, hasn't sued anyone, hasn't taken down any websites, hasn't stopped the sales of any goods, or any legal action at all so far. They've simply filed a Trademark. God forbid someone file a Trademark? When they start making actions, THAT'S when a story like this needs to be reported. It is not only speculative, it is paranoia and stupidity that reports a story that is almost as bad as spying on someone. "They looked up information on the AK-47 and Nitroglycerin! THEY MUST BE A TERRORIST!" is that kind of reasoning.

    You guys are ridiculous fanatics chasing a lost goal that doesn't even make sense. Half of you support the Pirate Party platform because you want to pirate music and movies. That's REALLY what this whole argument is about. People want permission to do whatever they want and not get caught. Unfortunately, that's not possible. Don't pretend it's not true, because I was like you once, and came to my senses. Come to your minds, people. You're pathetic.

     

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  39.  
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    Anonymous Coward, Apr 14th, 2012 @ 2:48am

    Re: Re: Re:

    >But suddenly you say "Fus Ro Dah!" and it is IMMEDIATELY understood as a reference to Skyrim.

    I don't play Skyrim, so no, I don't understand it.

    >What you freaks are calling for is the total abolishment of copyright and trademark in general, when actually it IS used to support the Industry. Is the law abused? Of COURSE it is. I would never argue that, because that is DEFINITELY clear to all parties of every side and opinion.

    The article has claimed that ZeniMax's intentions are unclear, and mentions that trademark HAS been abused to silence stuff that would be considered fair use. Where are the claims for abolishing trademark law?

    >This website is a disgrace to reporting news because:

    You agree that the law has been abused, then insult the site? Convincing.

    >1) Extremely biased. TechDirt is like the Fox News of web blogs. I think that goes without saying.

    And the MPAA's blog, which has insulted TechDirt and Ars Technica for pointing out their failures, is the epitome of honesty, truth and objectivity.

    >2) Too in-depth reasoning. Mike could say that Apple is a terrible company because they filed a copyright for a new logo, and then claim that this is a CLEAR attack on the public domain because god forbid Apple have rights over their logo, and Apple, being associated with computer products.

    So we should make passing remarks with less reasoning, then?

    >3) It twists the facts. While there MAY be more general music being produced, most of this music is NOT created for professional use. Most professional musicians out there aren't doing too well. At all. I know, because I AM a musician and I know how it feels to be broke for that past 3 years. While music sales may have increased, you'll notice they'ved only increased for the top artists out there. By "Top" I mean a broad range of musician in every field. Read into it as you will, it means the same thing.

    The general point is that more music is produced. Whether you make money from it or not is, frankly, none of anyone's concern. It's not something we would wish upon anyone, but the statement that more music is being made is only a response to the RIAA that piracy is preventing music from being made, by their metrics. It's not. You've acknowledged this much.

    >They've simply filed a Trademark.

    And the article has pointed it out. However, should ZeniMax choose to antagonise anyone over this there WILL be consequences. Who's threatening ZeniMax from filing the trademark?

    >You guys are ridiculous fanatics chasing a lost goal that doesn't even make sense. Half of you support the Pirate Party platform because you want to pirate music and movies.

    Right, so you think that fair use is a bad idea, and that suing everyone for your meal ticket is sensible.

    >Don't pretend it's not true, because I was like you once, and came to my senses. Come to your minds, people. You're pathetic.

    So you came to your senses to fail at reading comprehension and insult people? Yeah, good luck with that sort of argumentation skill.

     

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  40.  
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    Anonymous Coward, Apr 14th, 2012 @ 8:15am

    Re: Re: Re: Re:

    >I don't play Skyrim, so no, I don't understand it.

    So why are you commenting on something you don't even understand?

    >The article has claimed that ZeniMax's intentions are unclear, and mentions that trademark HAS been abused to silence stuff that would be considered fair use. Where are the claims for abolishing trademark law?

    Several places on this site, it mentions a possibility and an ideal world without it.

    >You agree that the law has been abused, then insult the site? Convincing.

    Yes. I think everyone can agree that and also say this site twists the facts and tries to show everything through a paranoid light.

    >And the MPAA's blog, which has insulted TechDirt and Ars Technica for pointing out their failures, is the epitome of honesty, truth and objectivity.

    I don't have a problem pointing out the faults of both Ars Technica, Techdirt, and MPAA in the same sentence.

    >So we should make passing remarks with less reasoning, then?

    We should read into simple things like this. Saying someone is going to murder everyone just because we bought a gun is too in-depth reasoning. I have the absolute right to own a gun in my area, because if a criminal broke in, I would have the right to self-defense. A Patent, Copyright, or Trademark is the same thing.

    >The general point is that more music is produced. Whether you make money from it or not is, frankly, none of anyone's concern. It's not something we would wish upon anyone, but the statement that more music is being made is only a response to the RIAA that piracy is preventing music from being made, by their metrics. It's not. You've acknowledged this much.

    The RIAA takes an extreme stance on piracy and economics, I agree. But the RIAA supports professional musicians. And the easiest way to define a professional musician, whether you like or not, is to see who is on subsidiary labels. That's just a fact. And those are the musicians they obtain data from, and that's why their facts are different than ours. Frankly, those facts mean more to me, because I feel that when 10,000 new artist each produced a CD that sold only 100 copies raises $1,000,000 for the Industry, it really doesn't help anyone because none of them are making enough money to actually make a living off of it.

    >And the article has pointed it out. However, should ZeniMax choose to antagonise anyone over this there WILL be consequences. Who's threatening ZeniMax from filing the trademark?

    Nobody is threatening ZeniMax about anything. And something ZeniMax isn't threatening anything either. They are just filing a Trademark to protect their intellectual property in which they have complete fair rights over because they created it. I don't see what the problem is. Techdirt is already assuming that because you filed a Trademark that you're going to sue someone. That's not always the case.

    >Right, so you think that fair use is a bad idea, and that suing everyone for your meal ticket is sensible.

    Uhhh... I'm pretty sure I pointed out my views on Fair Use. Should ZeniMax choose to sue or send out a DMCA takedown notice to every site that spread the meme, I think I would clealy not support that.


    >So you came to your senses to fail at reading comprehension and insult people? Yeah, good luck with that sort of argumentation skill.

     

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    Anonymous Coward, Apr 14th, 2012 @ 6:04pm

    I'm never buying Bethesda games again. I don't finance companies who try to abuse trademark/copyright/patent law and harm the public in the process.

     

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    Anonymous Coward, Apr 15th, 2012 @ 2:46am

    Re: Re: Re: Re: Re:

    >So why are you commenting on something you don't even understand?

    The same can be said of a lot of people who visit this site. By your statement none of us are lawyers so we have no grounds in criticising the application of law. My point being that your point of the universal, immediate association of the phrase to the game is not proven as not everyone plays the game.

    >Several places on this site, it mentions a possibility and an ideal world without it.

    If you want to criticise that then respond in those articles when the topic is actually brought up.

    >Yes. I think everyone can agree that and also say this site twists the facts and tries to show everything through a paranoid light.

    So go on, then. Debunk what's been shown on the site. If the facts have been twisted surely you can show how they've been twisted.

    >I don't have a problem pointing out the faults of both Ars Technica, Techdirt, and MPAA in the same sentence.

    So you'd rather take the MPAA's word over Techdirt, then. Comforting.

    >But the RIAA supports professional musicians. And the easiest way to define a professional musician, whether you like or not, is to see who is on subsidiary labels. That's just a fact.

    Wow, really? You'd rather pay attention to organisations that have been known to rip the artist off in their accounting? What about cases where artists have to sue their big-name labels; that's supposed to be better than more music being made?

    >Techdirt is already assuming that because you filed a Trademark that you're going to sue someone. That's not always the case.

    You're refusing to see the point. The article has stated that if ZeniMax chooses to go this route there will be consequences. The article has NOT stated that ZeniMax MUST be filing for trademark for the sole purpose of going after the meme. You're the one who's assuming and twisting facts to villainise the site for allegedly villainising ZeniMax.

     

    reply to this | link to this | view in thread ]

  43.  
    identicon
    Anonymous Coward, Apr 15th, 2012 @ 7:13pm

    Re: Re: Re: Re: Re: Re:

    -sigh- I can do this all day.


    > The same can be said of a lot of people who visit this site. By your statement none of us are lawyers so we have no grounds in criticizing the application of law. My point being that your point of the universal, immediate association of the phrase to the game is not proven as not everyone plays the game.

    No. You're right, none of us are lawyers, unless any of us are. Really, none of us should try to put in our "professional opinion" to something in which we don't completely understand. In which, Mike should also not be even making comments about the application of the law. MY point is that, no, you don't even understand what the trademark is from and the relevance of it to ONLY the game. Also, let me show you the applications of the trademark use:

    1) Computer game software for use with computers and video game consoles; downloadable computer game software offered via the internet and wireless devices; cell phone cases; downloadable cell phone ringtones; digital tablet cases; smart phone cases; mouse pads; eyeglass cases; head phones.

    I.e.: Only Bethesda can make use of the phrase in a game or other software in the software's content, in a ringtone, smart phone cases, eyeglass case, head phones, or cell phone case. In other words: We created it, so if it's going to be used for profit, we're going to be notified and we're going to earn something for it.

    2) Computer and video game user instruction manuals; magazines, books, and pamphlets concerning video games; computer and video game strategy guide books and magazines; trading cards, maps, posters, advertisement boards of paper or cardboard, art prints if it's outside the jurisdiction of fair use.

    I.e.: Only we can use it in guide books and strategy games. Unless we give permission, you have no right to using it in a printed product such as a magazine, trading card, map, posters, advertisement, or art print. In other words: If you print something with this phrase on it, we have are completely reasonable in that we can sue you if it's outside the jurisdiction of fair use.

    3) Bags, namely, backpacks, duffel bags, knapsacks, book bags, athletic bags, and cosmetic bags, sold empty.

    Any bag "sold empty" (filled bags don't apply? Kinda confused here as well)

    I.e.: You make something with a trademark of ours on it outside of fair use, than we can sue you. Again, completely reasonable.

    4) Clothing, namely, T-shirts, shirts, sweatshirts, fleece pullovers; headwear, namely, hats

    I.e.: Exact same thing as above.

    5) Toys and action figures; playing cards, dice, and board games; bobble-head dolls; sporting equipment.

    Same thing. AGAIN.

    6) Entertainment services, namely, providing on-line interactive computer games and providing information relating to electronic computer games via the internet.

    This one is important. Why? Because, as you should be notified of, ZeniMax is in the production of an MMO associated with The Elder Scrolls, which might be used in online entertainment. Likewise, if they have a service that is used in their gaming or such with "Fus Ro Da" included in it, they have an absolute right to sue, because, HEY! It's their product, it's associated ONLY with them and nowhere else (please, entertain me and find me a place where it's NOT associated with Skyrim or a Dragon Shout or a force shove, and I might give in a LITTLE).


    > If you want to criticise that then respond in those articles when the topic is actually brought up.

    I do.

    An article right now which is twisting the facts is this one. ZeniMax, in fact, did NOT trademark a meme. The meme existed after the fact, therefore technically belongs to the trademark registrar if they registered it. Second, the "meme" isn't even thought of as a meme. When I think of "Fus Ro Da" I think of Skyrim, and the force push dragon shout. Not of the internet meme. Third, the above patents don't apply to the internet meme. We can argue over this, but seeing as we're both not lawyers, it won't get anywhere. Regardless, I shall show my view on it:

    Unless you can prove that a meme is regarded as an "entertainment service," "computer game software," "computer and video game instruction manual," "clothing," or "toy/action figure," than you have no applicable patent to the picture of something that says "Fus Ro Da" that is spread on the internet (via fair use, for one, and second, that the patent doesn't apply).

    > So go on, then. Debunk what's been shown on the site. If the facts have been twisted surely you can show how they've been twisted.

    > So you'd rather take the MPAA's word over Techdirt, then. Comforting.

    Who's word I take is none of your business and really has nothing to do with discussion.

    > Wow, really? You'd rather pay attention to organisations that have been known to rip the artist off in their accounting? What about cases where artists have to sue their big-name labels; that's supposed to be better than more music being made?

    While I agree with you, I really don't see how it's relevant to the discussion.

    > You're refusing to see the point. The article has stated that if ZeniMax chooses to go this route there will be consequences. The article has NOT stated that ZeniMax MUST be filing for trademark for the sole purpose of going after the meme. You're the one who's assuming and twisting facts to villainise the site for allegedly villainising ZeniMax.

    This article is villainising ZeniMax for filing a trademark that is completely reasonable. That, my friend, is bad news reporting. At least try to make it a little straightforward. Mike doesn't even understand the meme's origins, or the use of it in the game properly, it sounds. If he does, he's SERIOUSLY trying to villainise ANYONE filing a trademark.

    Second, ZeniMax MUST have a reason to trademark the phrase "Fus Ro Da!" because they probably want to make some money off of it. Namely action figures, t-shirts, and use of it in other software. Again, this is all they have jurisdiction over with their trademark. I fail to see how this is unreasonable. If it is, then you have a serious misunderstanding of intellectual property, the law, and capitalism. And capitalism, my friend, is the law, whether you agree with it or not.

     

    reply to this | link to this | view in thread ]

  44.  
    identicon
    Anonymous Coward, Apr 15th, 2012 @ 7:13pm

    Re: Re: Re: Re: Re: Re:

    -sigh- I can do this all day.


    > The same can be said of a lot of people who visit this site. By your statement none of us are lawyers so we have no grounds in criticizing the application of law. My point being that your point of the universal, immediate association of the phrase to the game is not proven as not everyone plays the game.

    No. You're right, none of us are lawyers, unless any of us are. Really, none of us should try to put in our "professional opinion" to something in which we don't completely understand. In which, Mike should also not be even making comments about the application of the law. MY point is that, no, you don't even understand what the trademark is from and the relevance of it to ONLY the game. Also, let me show you the applications of the trademark use:

    1) Computer game software for use with computers and video game consoles; downloadable computer game software offered via the internet and wireless devices; cell phone cases; downloadable cell phone ringtones; digital tablet cases; smart phone cases; mouse pads; eyeglass cases; head phones.

    I.e.: Only Bethesda can make use of the phrase in a game or other software in the software's content, in a ringtone, smart phone cases, eyeglass case, head phones, or cell phone case. In other words: We created it, so if it's going to be used for profit, we're going to be notified and we're going to earn something for it.

    2) Computer and video game user instruction manuals; magazines, books, and pamphlets concerning video games; computer and video game strategy guide books and magazines; trading cards, maps, posters, advertisement boards of paper or cardboard, art prints if it's outside the jurisdiction of fair use.

    I.e.: Only we can use it in guide books and strategy games. Unless we give permission, you have no right to using it in a printed product such as a magazine, trading card, map, posters, advertisement, or art print. In other words: If you print something with this phrase on it, we have are completely reasonable in that we can sue you if it's outside the jurisdiction of fair use.

    3) Bags, namely, backpacks, duffel bags, knapsacks, book bags, athletic bags, and cosmetic bags, sold empty.

    Any bag "sold empty" (filled bags don't apply? Kinda confused here as well)

    I.e.: You make something with a trademark of ours on it outside of fair use, than we can sue you. Again, completely reasonable.

    4) Clothing, namely, T-shirts, shirts, sweatshirts, fleece pullovers; headwear, namely, hats

    I.e.: Exact same thing as above.

    5) Toys and action figures; playing cards, dice, and board games; bobble-head dolls; sporting equipment.

    Same thing. AGAIN.

    6) Entertainment services, namely, providing on-line interactive computer games and providing information relating to electronic computer games via the internet.

    This one is important. Why? Because, as you should be notified of, ZeniMax is in the production of an MMO associated with The Elder Scrolls, which might be used in online entertainment. Likewise, if they have a service that is used in their gaming or such with "Fus Ro Da" included in it, they have an absolute right to sue, because, HEY! It's their product, it's associated ONLY with them and nowhere else (please, entertain me and find me a place where it's NOT associated with Skyrim or a Dragon Shout or a force shove, and I might give in a LITTLE).


    > If you want to criticise that then respond in those articles when the topic is actually brought up.

    I do.

    An article right now which is twisting the facts is this one. ZeniMax, in fact, did NOT trademark a meme. The meme existed after the fact, therefore technically belongs to the trademark registrar if they registered it. Second, the "meme" isn't even thought of as a meme. When I think of "Fus Ro Da" I think of Skyrim, and the force push dragon shout. Not of the internet meme. Third, the above patents don't apply to the internet meme. We can argue over this, but seeing as we're both not lawyers, it won't get anywhere. Regardless, I shall show my view on it:

    Unless you can prove that a meme is regarded as an "entertainment service," "computer game software," "computer and video game instruction manual," "clothing," or "toy/action figure," than you have no applicable patent to the picture of something that says "Fus Ro Da" that is spread on the internet (via fair use, for one, and second, that the patent doesn't apply).

    > So go on, then. Debunk what's been shown on the site. If the facts have been twisted surely you can show how they've been twisted.

    > So you'd rather take the MPAA's word over Techdirt, then. Comforting.

    Who's word I take is none of your business and really has nothing to do with discussion.

    > Wow, really? You'd rather pay attention to organisations that have been known to rip the artist off in their accounting? What about cases where artists have to sue their big-name labels; that's supposed to be better than more music being made?

    While I agree with you, I really don't see how it's relevant to the discussion.

    > You're refusing to see the point. The article has stated that if ZeniMax chooses to go this route there will be consequences. The article has NOT stated that ZeniMax MUST be filing for trademark for the sole purpose of going after the meme. You're the one who's assuming and twisting facts to villainise the site for allegedly villainising ZeniMax.

    This article is villainising ZeniMax for filing a trademark that is completely reasonable. That, my friend, is bad news reporting. At least try to make it a little straightforward. Mike doesn't even understand the meme's origins, or the use of it in the game properly, it sounds. If he does, he's SERIOUSLY trying to villainise ANYONE filing a trademark.

    Second, ZeniMax MUST have a reason to trademark the phrase "Fus Ro Da!" because they probably want to make some money off of it. Namely action figures, t-shirts, and use of it in other software. Again, this is all they have jurisdiction over with their trademark. I fail to see how this is unreasonable. If it is, then you have a serious misunderstanding of intellectual property, the law, and capitalism. And capitalism, my friend, is the law, whether you agree with it or not.

     

    reply to this | link to this | view in thread ]

  45.  
    identicon
    Dubya, Apr 21st, 2012 @ 4:12pm

    Zenimax is also pushing back on use of "arrow to the knee" at sites like Zazzle and CafePress.

     

    reply to this | link to this | view in thread ]

  46.  
    identicon
    Mike, Jun 24th, 2012 @ 6:32pm

    Zenimax just wants to make sure no one else steals their idea. Fus Ro Dah became popular because of the trailer, and nothing more. It is also the first shout you learn. They are making a smart move in my opinion.

     

    reply to this | link to this | view in thread ]

  47.  
    identicon
    Sandra, Jul 8th, 2012 @ 5:16am

    Sexy Skyrim

    Skyrim is really addictive and brilliant, and now with the DLC Dawnguard my gaming hours are filled.

     

    reply to this | link to this | view in thread ]

  48.  
    identicon
    harun gok, Jul 11th, 2013 @ 3:27am

    Fus-Ro-Dah! :) very funny video
    {Skyrim Dragon Shouts}

     

    reply to this | link to this | view in thread ]


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