Blizzard: Valve Shouldn't Trademark DotA

Exort

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Marcus [email protected] said:
The creator of dota left to make his own game
Why isn't Blizzard going after him?
He is not the creator of DotA, or even DotA Allstar...
DotA is made by Eul.
and DotA allstar is made by Guinsoo.
IceFrog is who Guinsoo left to update the map after he left.

EDIT:
SORRY.
I read it as "Why is Blizzard going after him?"

The reason is because Guinsoo trademark League of Legends, not DotA. LoL is a new name it belong to no one not even the community, so blizzard is ok with that, but DotA is a name created by Eul and now used by the community to present the Genre, so it belong to the community
 

hclarke15

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There are so many creators of DoTa. They're like collectibles.
Valves got one
HoN's got one
LoL's got one
No idea if blizzard has one
BTW LoL and HoN are very similar to DoTa but they are standalone games. Heroes of Newerth is $30, and League of Legends is free to play but makes money selling skins and heroes. Sort of complicated but it means you can play characters without paying and if you want to pay you can get a more consistent variety.
 

Saucycarpdog

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John Funk said:
Galaxy613 said:
GiantRedButton said:
well it sounds less that they think it should remain free and more like Blizzard want it.
They keep talking about it being available to the "blizzard community" etc.
Valve have Icefrog and it was his idea to get the trademark and make dota 2.
And icefrog is the authority when it comes to Dota, since he did most of the work. Blizz has no say in this since none of their employees were even part of the development process.

Anah said:
Somehow I can't see myself believing Blizzards mentioning this out of love for the community. Feels like an attempt at a "be the good guy" stunt to me.

... though I was a little curious about Valve and the whole trademarking DotA, all things considered (community focused project, etc...)
They seem to be doing the same thing they did with counter strike and Tf and portal.
They hire the modteam and trademark it.
Counter strike was a mod once too. And now valve owns the devs and trademark.
If IceFrog is the main dude behind DotA and is now working with Valve, then who are "some of DotA's original creators" that are challenging it?
Guinsoo and Eul, the two guys who were working with DotA before IceFrog.
Just because they are the orginal creators sadly does not mean they have the rights. They gave developement over to Icefrog and now he has the say of what happens to it.
 

Exort

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Saucycardog said:
Just because they are the orginal creators sadly does not mean they have the rights. They gave developement over to Icefrog and now he has the say of what happens to it.
Eul never give development to any people. DotA: Allstar is a Fan made map by Giunsoo.
So at best IceFrog can have DotA: Allstar trademark, that is if Guinsoo of Riot Games(Dev of LoL) agrees.
 

Exort

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hclarke15 said:
There are so many creators of DoTa. They're like collectibles.
Valves got one
HoN's got one
LoL's got one
No idea if blizzard has one
BTW LoL and HoN are very similar to DoTa but they are standalone games. Heroes of Newerth is $30, and League of Legends is free to play but makes money selling skins and heroes. Sort of complicated but it means you can play characters without paying and if you want to pay you can get a more consistent variety.
Hon and Valve have the same guy. IceFrog.
and he create nothing (ok, he did many new heros)
Creator of DotA is Eul.
Creator of DotA: Allstar is Giunsoo of Riot Games.
IceFrog is who update the map after Giunsoo left to form Riot Games.
 

Exort

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fundayz said:
Exort said:
I just love the nerd rage people have when they lose. Lol
Ha keep thinking you won
Of course, you give no counter statement or reasons, but a "you fail" and rage quit.
You know it is like watching those 12 years old on Xbox live calling you "noob" then rage quit.
It gives me the same feeling.
 

fundayz

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Exort said:
Of course, you give no counter statement or reasons, but a "you fail" and rage quit.
You know it is like watching those 12 years old on Xbox live calling you "noob" then rage quit.
It gives me the same feeling.
Hint: Look at the bold in the quote
 

Saucycarpdog

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Exort said:
Saucycardog said:
Just because they are the orginal creators sadly does not mean they have the rights. They gave developement over to Icefrog and now he has the say of what happens to it.
Eul never give development to any people. DotA: Allstar is a Fan made map by Giunsoo.
So at best IceFrog can have DotA: Allstar trademark, that is if Guinsoo of Riot Games(Dev of LoL) agrees.
Actually, now that I think about it, no one has the rights to Dota. It's a fan-made map. No one ever patent it.
 

Exort

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fundayz said:
Hint: Look at the bold in the quote
Ok it is not owning the IP, Sorry I mess it up with Starcraft 2 Editor (Battle.net market place)
But in the WC3 editor EULA commercial gain is one thing that breaks the lience of use.
the part of EULA:


C. You are entitled to use the Program for your own use, but you are not entitled to: [ . . . . ]
(iii) use or allow third parties to use the Editor and the New Materials created thereby for commercial purposes including, but not limited to, distribution of New Materials on a stand-alone basis or packaged with other software or hardware through any and all distribution channels, including, but not limited to, retail sales and on-line electronic distribution without the express written consent of Blizzard;

Anyway there is a lot of heated debate on whether Blizzard own your IP of yourCustom map in lot of Forum for WC3. But the EULA never dirctly said it, SC2 did because there is a marketplace for it. Again, sorry for that I use something that is not a fact yet, or ever will be.
EX: http://www.wc3c.net/showthread.php?s=d05b42134173c095753eb072baf2ddd1&t=52559 (about page 5 I think.)
So basicly the EULA means no one own the IP of custom maps, since not even the map maker can Commercialize it, (but it doesn't stat blizzard relation with the map. That is why there is a Debate.)
 

Crasha

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Exort said:
fundayz said:
Hint: Look at the bold in the quote
Ok it is not owning the IP, Sorry I mess it up with Starcraft 2 Editor (Battle.net market place)
But in the WC3 editor EULA commercial gain is one thing that breaks the lience of use.
the part of EULA:


C. You are entitled to use the Program for your own use, but you are not entitled to: [ . . . . ]
(iii) use or allow third parties to use the Editor and the New Materials created thereby for commercial purposes including, but not limited to, distribution of New Materials on a stand-alone basis or packaged with other software or hardware through any and all distribution channels, including, but not limited to, retail sales and on-line electronic distribution without the express written consent of Blizzard;

Anyway there is a lot of heated debate on whether Blizzard own your IP of yourCustom map in lot of Forum for WC3. But the EULA never dirctly said it, SC2 did because there is a marketplace for it. Again, sorry for that I use something that is not a fact yet, or ever will be.
EX: http://www.wc3c.net/showthread.php?s=d05b42134173c095753eb072baf2ddd1&t=52559 (about page 5 I think.)
So basicly the EULA means no one own the IP of custom maps, since not even the map maker can Commercialize it, (but it doesn't stat blizzard relation with the map. That is why there is a Debate.)
That just means that they can't sell Warcraft maps if they wanted to, or use any of the assets in other project.

When Valve takes it out of the engine, and modernizes everything, there's no conflict with that EULA, so I don't know what EULA you read that everyone else obviously (including Blizzard) obviously never saw.
 

Exort

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Crasha said:
That just means that they can't sell Warcraft maps if they wanted to, or use any of the assets in other project.

When Valve takes it out of the engine, and modernizes everything, there's no conflict with that EULA, so I don't know what EULA you read that everyone else obviously (including Blizzard) obviously never saw.
No.

C. You are entitled to use the Program for your own use, but you are not entitled to: [ . . . . ]
(iii) use or allow third parties to use the Editor and the New Materials created thereby for commercial purposes including, but not limited to, distribution of New Materials on a stand-alone basis or packaged with other software or hardware through any and all distribution channels, including, but not limited to, retail sales and on-line electronic distribution without the express written consent of Blizzard;

Not even stand-alone project as long it is the "new material" created on Warcraft 3 Editor.
Or Source engine (the Engine that Valve uses.) since it is a "other software".
 

Crasha

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It's like you look at what I say, and then respond to something else. I'll give it to you though, you're very coherent, because apparently that's what you do all the time.
 

Exort

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Crasha said:
It's like you look at what I say, and then respond to something else. I'll give it to you though, you're very coherent, because apparently that's what you do all the time.
It depend on how you define the "new Material" is it the code or the concept. Valve is repacking the Concept of DotA in Source Engine.

C. You are entitled to use the Program for your own use, but you are not entitled to: [ . . . . ]
(iii) use or allow third parties to use the Editor and the New Materials created thereby for commercial purposes including, but not limited to, distribution of New Materials on a stand-alone basis or packaged with other software or hardware through any and all distribution channels, including, but not limited to, retail sales and on-line electronic distribution without the express written consent of Blizzard;

so it is basicly distribute the "new materials" (as a form of concept) with the "other software" Source engine.
OR
Distribute the "new materials" (as a form of concept) into a Stand-alone game

Ok, is that clear now? I'm not responding something else this time, I just thought you could see the connection.
 

Krion_Vark

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Exort said:
Crasha said:
That just means that they can't sell Warcraft maps if they wanted to, or use any of the assets in other project.

When Valve takes it out of the engine, and modernizes everything, there's no conflict with that EULA, so I don't know what EULA you read that everyone else obviously (including Blizzard) obviously never saw.
No.

C. You are entitled to use the Program for your own use, but you are not entitled to: [ . . . . ]
(iii) use or allow third parties to use the Editor and the New Materials created thereby for commercial purposes including, but not limited to, distribution of New Materials on a stand-alone basis or packaged with other software or hardware through any and all distribution channels, including, but not limited to, retail sales and on-line electronic distribution without the express written consent of Blizzard;

Not even stand-alone project as long it is the "new material" created on Warcraft 3 Editor.
Or Source engine (the Engine that Valve uses.) since it is a "other software".
You just killed your own argument with your argument. If it is not CREATED on WC3's editor it does not get umbrellaed in the EULA. DoTA 2 is a COMPLETELY stand alone NOT created on the editor therefore that part that you are quoting is just a meaningless wall of text.
 

Exort

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Krion_Vark said:
You just killed your own argument with your argument. If it is not CREATED on WC3's editor it does not get umbrellaed in the EULA. DoTA 2 is a COMPLETELY stand alone NOT created on the editor therefore that part that you are quoting is just a meaningless wall of text.
Do you know DotA 2 is called DotA by Valve?
and have the same heros in the WC3 DotA.
Those Hero was created in WC3 editor.
DotA by Valve is not a new DotA game, it is WC3 DotA with matchmaking and better graphics.
It is said that the 100+ heros in WC3 DotA is in the Valve DotA.
So how is that not created by WC3 editor.
 

Crasha

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Krion_Vark said:
Exort said:
Crasha said:
That just means that they can't sell Warcraft maps if they wanted to, or use any of the assets in other project.

When Valve takes it out of the engine, and modernizes everything, there's no conflict with that EULA, so I don't know what EULA you read that everyone else obviously (including Blizzard) obviously never saw.
No.

C. You are entitled to use the Program for your own use, but you are not entitled to: [ . . . . ]
(iii) use or allow third parties to use the Editor and the New Materials created thereby for commercial purposes including, but not limited to, distribution of New Materials on a stand-alone basis or packaged with other software or hardware through any and all distribution channels, including, but not limited to, retail sales and on-line electronic distribution without the express written consent of Blizzard;

Not even stand-alone project as long it is the "new material" created on Warcraft 3 Editor.
Or Source engine (the Engine that Valve uses.) since it is a "other software".
You just killed your own argument with your argument. If it is not CREATED on WC3's editor it does not get umbrellaed in the EULA. DoTA 2 is a COMPLETELY stand alone NOT created on the editor therefore that part that you are quoting is just a meaningless wall of text.
Thank you sir.
 

Krion_Vark

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Exort said:
Krion_Vark said:
You just killed your own argument with your argument. If it is not CREATED on WC3's editor it does not get umbrellaed in the EULA. DoTA 2 is a COMPLETELY stand alone NOT created on the editor therefore that part that you are quoting is just a meaningless wall of text.
Do you know DotA 2 is called DotA by Valve?
and have the same heros in the WC3 DotA.
Those Hero was created in WC3 editor.
The way your argument is going is a stupid way. Simply because you cannot trademark something as miniscule as a character. Hell they could be the same name same look. But you do know that as long as the character for DoTA 2 is not CREATED FOR DoTA 2 as in coded and created through use of the WC3 map editor it does not fall under the useless wall of text you posted.
 

Exort

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Krion_Vark said:
The way your argument is going is a stupid way. Simply because you cannot trademark something as miniscule as a character. Hell they could be the same name same look. But you do know that as long as the character for DoTA 2 is not CREATED FOR DoTA 2 as in coded and created through use of the WC3 map editor it does not fall under the useless wall of text you posted.
You know they are trying to copy hero model and items Icon as close as WC3. Those Model and Icon belong to WC3.

I know law don't protect "concept" well, but if you read the title you found it is a question of "should" or "should not", not Legal or illegal.