a title of a game isnt a small deal.
a modern game using the word scroll in the title (following the elder scrolls games), in court one could claim they are playing off the success of another franchise.
Bethesda has a responsibility to protect their titles. if anyone is going to whore a theme or name, it should be the ones who started it.
they might not win, but they should be trying. its basic business sense.
notch is a richard for attempting to make a joke out of it. to build a following against the lawsuit.
he knows very well this is what publishers expect companies to do.
notch is still in the indie game world, maybe he really is that dumb and cant imagine what the bigger game is like.
notch could have sued for "fortresscraft" for playing off it's title. it was clearly a ploy to help sell that game.
but some indie devs have this code of honor, where they think all game devs should be loving holding hands and kissing each others ass or something.
notch made a game after copying another. and got lucky.
in 10 years, i can already say he still wont be involved in any major high end titles. hes an indie guy for life.