Blizzard Legally Opposes Valve Trademark Over DOTA Name

[inux94]

http://ttabvue.uspto.gov/ttabvue/v?p...&pty=OPP&eno=1
http://www.neogaf.com/forum/showthread.php?t=462639

Interesting, what is your thoughts on this?

Personally I feel the mechanics and the way of the gameplay of all the remakes from the original DotA feel so similar to the newer ones (DotA2, HoN, LoL etc) that nobody should really be copyrighting the DotA name, but that's just my opinion.

[Dupin]

How come noone should be copyrighting the DotA name?
You mean, other than the creators of DotA?

Valve is really going too far.

[peggleftw]

How come noone should be copyrighting the DotA name?
You mean, other than the creators of DotA?

Valve is really going too far.

didnt the people who created DOTA get jobs at valve anyway? or something like that.

---------- Post added 2012-02-10 at 03:23 PM ----------

they might be able to copyright the name DOTA, but the mechanics? probably not, that would be like someone copy righting tower defense games and saying no one else can make a tower defense game ever.

[Awakar]

The way I see it, Valve hired the guy who basically made DoTA (technically, Eul did, but IceFrog is the one who took DoTA to what it is). Meanwhile, Blizzard didn't have anything to do with DoTA at all, aside from it being a custom map made in TFT. If anyone's gonna copyright it, may as well be Valve.

[Herecius]

Why are mommy and daddy fighting?

[Leben]

Valve hired the creator of DOTA. Blizzard did not.

Unless they have a clause in their mod developers agreement that any mods made using their game engines become their property (and seriously, who WOULD develop mods under an agreement like that?) then I dont see how Blizzard have a leg to stand on. But then, Im no lawyer.

[Dupin]

On a second thought, Valve is copyrighting the name "DOTA 2" and not "Defense of the Ancients 2", which is legally doable, because Valve hired the original DotA team (at least a few of the original creators).
Also Blizzard never claimed the name to be owned by them, so they are pretty much screwed.

[Wildmoon]

The way I see it, Valve hired the guy who basically made DoTA (technically, Eul did, but IceFrog is the one who took DoTA to what it is). Meanwhile, Blizzard didn't have anything to do with DoTA at all, aside from it being a custom map made in TFT. If anyone's gonna copyright it, may as well be Valve.

Not really. There are too many people that involved with Dota including Blizzard. It's not possible to give the right to single person or company. I don't agree with Valve trying to trademark Dota. Dota should remain public imo.

[Daear]

Valve hired the creator of DOTA. Blizzard did not.

Unless they have a clause in their mod developers agreement that any mods made using their game engines become their property (and seriously, who WOULD develop mods under an agreement like that?) then I dont see how Blizzard have a leg to stand on. But then, Im no lawyer.

It's actually in their EULA that anything created under their game (mods, replays, etc) is their property. DotA wasn't developed to become a moneymaker, it was simply a fun mod (hundreds of these mods exist in WCIII/SC2 because their modding tools are highly user friendly and quite frankly, amazing) that became huge. Blizzard has never tried to claim the name or tried to interfere. They supported it through community spotlights and the likes. Now Valve is trying to claim the name and Blizzard only filed for opposition, not trying to claim it themselves.

Personally I think the brand name is too generic to be trademarked now. Several major titles are recognized as "dota games" and as such this would create a major market monopoly for Valve.

[critterkiller]

Blizz Owns Warcraft 3, why should there even be any question in who has the rights on this? the person that made DOTA should be able to take over Dota when it was blizzard who made the game (skeleton/main frame) of what Dota is designed for namely WC3.

[Desparatus]

DoTA shouldn't be copyrighted.

IMO it's like someone copyrighting the term "RPG", I don't think of DoTA as that faithfull mod but rather a genre of games.

[Alceus]

Why Valve, Why? Didn't our everlasting love of zombies and portals, doctors and terrorists, fill your moneycache with sweet noms and hours of gameplay?

[inux94]

Actually, the guy who made the original is called Eul.
Then DotA Allstars(the updated version for the Warcraft Expansion) was made by Guinsoo, who now works at Riot Games. DotA Allstars is arguable the original "Popular" one.

http://en.wikipedia.org/wiki/Defense...ts#Development

Blizzard isn't trying to take the copyright for DotA, they're trying to prevent Valve from taking the copyrights of the name (not for themselves, which I admit didn't see coming)

[Dupin]

Actually, the guy who made the original is called Eul.
Then DotA Allstars(the updated version for the Warcraft Expansion) was made by Guinsoo, who now works at Riot Games. DotA Allstars is arguable the original "Popular" one.

http://en.wikipedia.org/wiki/Defense...ts#Development

Blizzard isn't trying to take the copyright for DotA, they're trying to prevent Valve from taking the copyrights of the name (not for themselves, which I admit didn't see coming)

And IceFrog, which now is working at Valve.

[Kasperio]

Valve hired the creator of DOTA. Blizzard did not.

Unless they have a clause in their mod developers agreement that any mods made using their game engines become their property (and seriously, who WOULD develop mods under an agreement like that?) then I dont see how Blizzard have a leg to stand on. But then, Im no lawyer.

Okay, there's no real way to begin describing this so just excuse me as I pretty much jump into a statement..

Addons created for World of Warcraft have to follow speciffic guidelines which are administrated by Blizzard. Also, you're not allowed to copyright or trademark anything made using Blizzards engines in World of Warcraft. You have no ownership over your own AddOns or Projects and anyone can legally copy them and use them aswell, but more importantly, Blizzard will have the final say in anything that you do regarding their engines.

"But that's World of Warcraft, what does that have to do with The Frozen Throne or Warcraft in general?"

Well, good sir, I'm glad you asked. It seems from the data supplied by Blizzard, that the terms for producting software using engines or mechanics written or otherwise supplementing anything Blizzard has created affects any games which they stand behind. This means anything you create, shape, form or produce that has a base root in anything related to Blizzard, as the author/writer/creator of these contents, you achknowladge that Blizzard has all rights to these things. Period.

If they demand you to destroy what you created you are technically legally obliged to follow. They own the domain, name, art, anything you've used which contains their product in any way, form or shape.

"But Kasperio.." you say ".. what if DOTA was not built in Warcraft?"

Well that's a good question. Let's say DOTA was not created over the Warcraft Engine but still used pictures of monsters from the Warcraft universe, then the same rules technically apply. Blizzard directly and specifically tells creators and authors that if they use their shizzle, they gotta understand that the final owner rights goes to THEM, not the author/writer/creator.

"But Kasperio, what if.." - No. I'm done.

Bottom line is, no matter what, the rights return to Blizzard as long as their art, engine, mechanics or anything else related to Blizzard was used in the design, even the name. As stupid as it seems, that's how it works and the author of DOTA knew that, but it seems the guy who took over the project for some reason don't. And now it's a big thing. At the end of the day, Blizzard WILL win this one because they don't only hold the long end of the stick but the stick has a little naked night elf sticker on it which means they OWN it. Period.

- Kasperio! =D

(Source; Knowing the developer of GHI and doing some BASIC research on copyright and copyright infringements..)

Please don't use inflammatory language or insult other posters. Infracted. -Edge

-I apologize to anyone who was offended by any of the language originally posted in this thread. It was directed towards myself as a gentle comical relief but I apparently offended some people with my choice of words. I am again, deeply sorry and whole heartedly apologize to anyone who felt offended. Anyone who knows me, knows I usually fight hard to make sure we treat eachother with respect and keep a friendly tone, but I was not aware that using a hostile tone towards myself was inappropriate. I apologize also again for the choice of words, and I never intended to make anyone feel uncomfortable or upset about it. It was wrong of me. The post has been corrected to match a more formal tone.

[georgevonfranken]

DOTA and MOBA are used to describe the genre of these games, I don't think anyone should be able to own the name

[Dupin]

*snip*

While you are right on what you are saying, you are confusing the facts.
Defense of the Ancients name does not belong to Blizzard.
Valve is trying to trademark the name "DOTA 2" and not "Defense of the Ancients 2" which is completely legal. See the difference?

Now, I KNOW, and probably we all know it's the same shit (2DOTA means defense of the ancients you noob!"), but they can do it anyway claiming is just means another thing.

[Kasperio]

DOTA and MOBA are used to describe the genre of these games, I don't think anyone should be able to own the name

Ahh, but that's the beauty of it, my friend. Many things and acronyms we use in our daily life consists of letters we've taken from something and given them some sort of meaning. The fact that we use "DOTA" now to express a certain subgenre of games still does'nt mean that the origination is from a single gameplay. I know it may seem a bit confusing but it's because it's a subgenre and not an actual genre. It's a gameplay mechanism and if we break it into those terms, then gameplay mechanisms is indeed something that can, and does, get copyrighted. Ofcourse it's limited to the extends of how far you can copyright a mechanism (*Frog jumps* - "OMG I OWN THAT MECHANISM!") but to some extends it actualy also makes sense.

Let's say you design something in a game that requires your engine to work and you know nobody else is ever gonna get your engine because you built it, own it, run it and don't want to share it with anyone for the world because you want to utilize the potential of it and they could do the same but you don't want them to because that would hurt your business and that would be a bad model for your.. *breathes*.. business which could inevitably lead to financial losses if you let others use it. Did you get all that? Now, nobody else is gonna use your engine you built so what you create to run on this specific engine - or more importantly - what others might create on this engine suddenly opens up a market for what your engine can do. This means if you don't legally make it impossible for others to directly profit on your engine or what was created on your engine, it can lead to financial losses. And financial losses are bad, bad, bad, bad, bad bad bad BAD! And they hurt your business.

So you want to protect anything that ever came out of what you made in the first place. And that's what's going on here. And it makes good sense. Even if it's stupid, and only limits the gaming industry as a whole =)

[serendepitous]

I actualy think Blizzard are doing the right thing on this one, there not after the rights but there stopping anyone else claiming them.

"We're happy for the genre carry on as is, but if you want to get the copyright for it your gonna have to go through us"

Sounds reasonable

[Herecius]

I actualy think Blizzard are doing the right thing on this one, there not after the rights but there stopping anyone else claiming them.

"We're happy for the genre carry on as is, but if you want to get the copyright for it your gonna have to go through us"

Sounds reasonable

Precisely. Blizzard isn't interested in securing the copyright for themselves, but they want to make sure nobody else secures it either. That's the case that they appear to be presenting.