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Ceridith
Novice Member
Joined: 11/24/09
The more you hype an upcoming game in your mind, the more it will fail to meet your expectations. |
2/10/12 10:38:53 AM#41
Originally posted by htiger23 So if I create an app for the iPhone, Apple suddenly owns it? Yeah, but nope. The modding tool jargain refers to if someone creates a mod using said tools and engine, and tries to then sell said mod, and specifically said mod, without Blizzard's permission. In otherwords, it only applies to copyright over the mod so far as that it makes use of Blizzard's assets, but it does not impact ownership of the trademark. The trademark falls outside of Blizzard's claim, and ownership falls with those who originally created the mod. seeing as IceFrog now works for Valve, Valve has a much stronger claim to the trademark than Blizzard, who has been enjoying exploitive profit of said trademark over the years -- why do you think Blizzard hasn't tried to trademark it, because they don't have any claims to ownership. As it is, Blizzard's use of DotA creates consumer confusion against DotA2. |
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2/10/12 10:40:12 AM#42
Originally posted by Ceridith This. Apparently stating the truth in my sig is "trolling" |
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2/10/12 10:40:46 AM#43
Not seeing why Blizzard is the bad guy here? They are just trying to prevent Valve from trademarking the name, which I think is fine. Just because the 3rd developer of orginal DOTA was hired by Valve should not give them automatic rights to the DOTA title. DOTA should stay an open title. To me DOTA is equivelent to MOBA right now. It descibes the type of game.
And many people could easily think DOTA2 was by Blizzard. I played DOTA years ago. I would log into WC3 to play DOTA. So for there to be a sequel I would think of it being a Blizzard product before Valve even though I knew it was created by fans. I know differently, but that could be the assumption by many. |
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2/10/12 10:43:52 AM#44
Originally posted by warmaster670 The problem is you're commenting on something you don't understand. Blizzard didn't create DoTA, just like Bethesda didn't make most of the Oblivion/Skyrim mods that are most popular, but it was made with those tools and their game. That's THEIR technology, whether or not you want to accept it. Also, Blizzard does indeed own DOTA-Allstars. Look it up. As for your Counterstrike argument, it's irrelevant. That a company didn't do something doesn't mean they couldn't. There are plenty of hackers that will never see jail time because the people they hacked have instead decided to hire them. I'm not saying modding is the same as hacking at all, but it's still a relevant analogy. "Forums aren't for intelligent discussion; they're for blow-hards with unwavering opinions." |
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2/10/12 10:48:34 AM#45
Originally posted by gaeanprayer and making it with there tools doesnt give them ownership over your ideas, it just doesnt, its a fact.
And also, i did look up Dota allstars, and funny thing, not a damn thing about vlizzard owning it, seems like the kind of info youd find on there wiki page.
Ill say it again, just because you make a mod with someones mod tools, DOESNT give them the right to the name or content. By that logic you cant make mods for any established IPs, since blizzard would then own the trademarks for those. Apparently stating the truth in my sig is "trolling" |
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Ceridith
Novice Member
Joined: 11/24/09
The more you hype an upcoming game in your mind, the more it will fail to meet your expectations. |
2/10/12 10:49:10 AM#46
Originally posted by gaeanprayer Again, use of modding tools/game engine only limits sale of said mod for profit within the engine creator's consent. It's the same as if someone were to make a game using the CryEngine, Unreal engine, Source engine, etc. You only need consent in these cases if you plan to actually sell said the game if it uses said game engine and/or assets due to the terms of the modding EULAs. The trademark of said mods are still fully within the ownership of the creators of said mods, and in this case Blizzard has no claim to the DotA trademark beyond the fact that they've partially squatted on it and profited off of other people's work. |
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2/10/12 10:53:48 AM#47
Originally posted by Ceridith No, using an engine created as a platform for creating new games is not the same as using modding tools of an existing game to create a new one. And even if it was, there is still licensing involved in all of the above. When you develop a game using one of the engines you mentioned, you are licensing the use of that engine and in doing so, the creators of the engine give up certain rights in exchange for profit from the people that buy use of it. So even using your own example, Blizzard is still in the right, because Blizzard is clearly saying they never gave up any rights and were both licensing and promoting DoTA under their company's banner. So in the end, it's still not the same thing. "Forums aren't for intelligent discussion; they're for blow-hards with unwavering opinions." |
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2/10/12 10:54:09 AM#48
Originally posted by Loke666 Maybe because you never actually read what she was suing because. McDonald's made sure their coffee was excessively hot per company policy. Meaning hotter than coffee normally and much easier to burn you severly. Damn at least do a bit of reseach before you bring out some old blah Americans this Americans that.. http://www.slip-and-sue.com/the-famous-infamous-mcdonalds-coffee-spill-lawsuit-revisited/ http://www.vanosteen.com/mcdonalds-coffee-lawsuit.htm On the other hand I agree that Blizzard doesn't any right to the name, but since it was created using their builders, it could infact be won by them(Not sure about EULA of the builder) Then again, it also is a bigger name than MOBA as they are currently interchangable. |
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2/10/12 10:58:37 AM#49
Originally posted by warmaster670 That is an awful comparison. Are characters, items, textures, etc in your iphone game made by Apple? What about in DotA / WC3? Also, you need to actually read the legal feeling before you continue spouting nonsense...Everything you're questioning / raging about is clearly stated in the filing. |
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Skuz
Hard Core Member
Joined: 12/25/08
"If you can''t laugh at yourself there''s always someone around to show you how it''s done!" |
2/10/12 10:58:45 AM#50
So the argument is: Does Icefrog or the original creators have intellectual rights to their own work or does Blizzard claim rights as it was created using their engine?
Does photoshop own all your creations made using it's software? I think Blizzard is bullshitting on this one, & it is the original players that created it who own the rights to the DOTA name if anyone does.
Legally though, depends who put in the papers 1st. |
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2/10/12 11:00:22 AM#51
Originally posted by warmaster670 "DOTA All-stars" does not claim ownership of DOTA, just says this is a version of DOTA, trying to claim the name DOTA2 implies ownership of DOTA and that DOTA2 is a sequal in same way, and the only way you can make a sequal is to have owned the original. |
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2/10/12 11:01:33 AM#52
http://www.industrygamers.com/news/blizzard-dota-name-should-belong-to-the-community/
Mike Morhaime spoke about the issue, and I think this is where people are getting confused and defensive. Blizzard wants to make "Blizzard-DoTA" (hope that's not the final name) not "DoTA 2", meaning "DoTA" itself should be left as a community term as it was developed by a community. By contrast, Valve wants to do the opposite, and trademark the "DoTA" name itself. It doesn't have the right to. I sort of doubt that if Valve did the same as Blizzard and instead named it something equally stupid like "Valve-DoTA," Blizzard would be going through the trouble. "Forums aren't for intelligent discussion; they're for blow-hards with unwavering opinions." |
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Ceridith
Novice Member
Joined: 11/24/09
The more you hype an upcoming game in your mind, the more it will fail to meet your expectations. |
2/10/12 11:02:32 AM#53
Originally posted by gaeanprayer Licensing is required only for use of the copyrighted material. Aka, the game engine and assets that are used by the mod. The trademark, is completely separate from any licensing requirement, and ownership falls directly with the creator/s of said mod. Blizzard only has sway over any potential sale or re-sale of DotA. They have no claim over the trademark or the sequel being made using a completely different engine with it's own assets. |
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2/10/12 11:03:08 AM#54
Seems straight foward to me. When I think DotA, I think W3 Mod. Without W3 and modding tools, there is no DotA. I'm not connecting the dots on how Blizzard is the bad guy in this since they have largely left it alone and to the community. I would think the "community" outcry would be in favor of keeping it that way, not letting Valve dictate what "community" means. |
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2/10/12 11:03:17 AM#55
Originally posted by expresso Exactly. That's what people aren't getting. Blizz isn't trying to own DoTA, they're trying to prevent someone else from doing so. That people are actually irked that Blizz is essentially fighting for them against another corporation's greed just goes to show how quick they are to bash Blizz for anything to do whether or not there's actual merit. "Forums aren't for intelligent discussion; they're for blow-hards with unwavering opinions." |
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2/10/12 11:06:00 AM#56
Originally posted by gaeanprayer And if they dont own it, what right do they have trying to prevent someone else from doing it?
People are irked because blizzards trying to stop someone from owning something blizzard doesnt own, therefore has no right to try and deny someone else. Apparently stating the truth in my sig is "trolling" |
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2/10/12 11:08:20 AM#57
Originally posted by warmaster670 Dear God. Pay attention. Blizzard doesn't own it. NEITHER DOES VALVE. Valve is trying to own something built by a community of people. Blizzard isn't, because they recognise they don't own it. One is trying to leave the community alone. The other is trying to fuck them up the ass. Is it computing yet? "Forums aren't for intelligent discussion; they're for blow-hards with unwavering opinions." |
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2/10/12 11:14:51 AM#58
You are all forgetting the Sony/Verant case about the songs/names the bards were making up while role playing in EQ1. It does NOT MATTER who created the mod and/or name. Once you associate it with the licensed product the products owner has the ownership rights to said name, lyrics, code, ect associated with whatever was created by an outside source and brought into the gaming world.
The bard player in question attempted to sue sony for stealing his songs and names, he lost. The same applies to any mod name, mod codes, and character names. Any idea's shared amongst the player community. Once it is used within the gaming client it can/does become the sole property of the game publisher. |
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2/10/12 11:15:44 AM#59
*eats popcorn and watch the woodblocks cry for "justice"*
Damm good weeknd enternatinment. Can only agree with several other posters in the "belive it or not, Blizzard is not the badguy here" category.
Then again i guess it is way to much effort to google how things work and read the dang thing. This have been a good conversation |
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2/10/12 11:16:22 AM#60
Originally posted by gaeanprayer And? that still doesnt give them the right to stop someone else from trademarking something. Apparently stating the truth in my sig is "trolling" |
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