.... Looks like Blizzard is angry that they didn't go and GET the patent in the first place and now is scrambling realizing that they may lose much money to Valve.
Or it could be argued that Blizzard didn't mind supporting a fan made mod, but take exception to Valve creating a sequel and trying to own the rights to the name based around a property used by Blizzard's own game design.
Valve have taken mod community work and brought it up to retail before (Counter Strike and Portal, for example) but this is fairly new if they're taking mod work created by using a rival company's software and creating something new from it.
Then again, this seems to be more about use of the name rather than the game and its mechanics.
But that's all bullshit because blizz doesn't own one bit of the DOTA brand. It's the mod creators that do, namely Icefrog amongst many others, whom all have accepted that Valve makes a sequel.
But that has nothing to do with this case..
It's like saying that Valve has no rights to team fortress 2 because the first team fortress mod was on quake..
Dota 2 neither uses blizzards models or game to do anything, it has completely different design just for this simple reason
Except that's nothing to do with the case either. It's about ownership of the name. Both sides can equally claim to own the name.
Blizzard's arguing Valve's trying to take the full ownership when Blizzard was aiding and allowing the creation of the original mod.
Personally, I'm on neither side. I see the arguments for both sides, it seems like the internet is just doing its thing - designating one side the "Good" and the other "Evil"
Thing is, though, that the creators of the original DOTA mod for Warcraft 3 were hired on by Valve to make DOTA 2. So, there's that. If anything, the name is the Intellectual Property of the original creators, who now work for Valve.
Yep, I just double-checked my facts. IceFrog, who is the longest-running and current developer for the Warcraft 3 mod (yep, it's still going) was hired on by Valve. IceFrog inherited the reins of development when Steve Feak (the actual creator of DotA-Allstars, the most popular variant) was hired on by Riot Games to work on League of Legends, another very DotA-like game. IceFrog, being the current dev on the original DotA expressed his desire to make a direct sequel of DotA-Allstars, and that it should be named as such.
It's not as cut-and-dry as that, though, which I really only discovered myself. After DotA took off, Steve Feak created a company called DotA-Allstars, LLC. to manage the mod on an official corporate basis. When Feak left for Riot Games, DotA-Allstars, LLC. became a subsidiary of Riot.
Blizzard actually filed this lawsuit back in November 2011, and at the same time bought DotA-Allstars, LLC. from Riot Games to have more of a claim to the name.
So Valve has the current dev, Blizzard has the company that created it. I really have no idea where this is going to go.
Valve wants all the DOTA pie to themselves, Blizzard wants everyone to know they "helped" bake the pie. In the end nobody is talking about how the modders feel about this, nor do I think they will have a say in this matter. I don't like either point presented.
I think Blizzard's kinda got a point with the goodwill comment, and honestly could they have not called it something else?
People would still refer to it as "DotA 2," and if it's a good game it would spread via word-of-mouth and people would play it anyway. Doesn't League of Legends reference DotA when describing itself?
Why can't they just leave Valve alone. I mean, come one. DOTA2 and Blizzard DOTA. yeah, they're defense of the ancients, and more than likely have similar if not copy/paste mechanics, but come on, it's a frakking name. Both Blizzard and Valve need to pull their heads out of their collective asses and, oh, I don't know, resolve this like intelligent people, talk to one another, work on something together or somesuch, sheesh.
Valve wants in on the 'namesake' to get DOTA-loving Blizzard-heads to come into their store too. That'd be like you selling Lemonaid at a stand and someone opening up a Strawberry Lemonaid stand right next to you.
Valve should name it something else, because if they had in the beginning, NOTHING would have ever happened. It's the fact that Valve is trying to be sneaksy and ride out on a popular name by slapping a 2 behind another company's game name.
Would be like a totally unaffiliated animation company making a 2 of any of the Disney/Pixar/Dreamworks films (not the 2 ones already out of course) and slapping a 2 on the back of the origional name...
Blizzard wants to keep being the huge name of gaming, so they're going to want to get credit for a game BASED off of a game they created YEARS ago.
Blizzard should've done that 14-15 months ago before Valve already basically FINISHED the game.. It's already way into beta, a huge tournament has been held for it etc. Blizzard just now figures out that it wants to stop this when they've had way over a year or two?
eh true, they should have trademarked it BEFORE Valve's release, but it was one of those "Oop forgot about that" They probably never figured someone would jump up and make a DoTA2 that WASN'T them.
You know, you're missing the point partially. Blizzard doesn't have any bigger rights for the DOTA trademark than Valve does, actually it's the other way around currently since the actual creators and "intellectual owners" of the DOTA brand WORKS WITH VALVE, aka Icefrog and more.. Blizzard just wants money, this reeks Activision long way
However, that's...It makes sense that they have more of a claim than Valve in the personal sense. Like, any person on the street would go "Hm, oh, ok. I can see why they'd want it."
However, it is not a legal claim any more than "My dog told me to kill people" is. Technically NEITHER company can claim a legal basis for the name, and if this goes the way I think it will, whoever offers a bigger sum of money to the guys who made the original DotA will win.
Blizzard doesn't own bullshit when it comes to the DOTA brand. It's a mod. Icefrog practically owns the name and rights to EVERYTHING connected to it except the wc3 engine and models.
Hm...lets see it with another few famous product: If I would have a soda on the market and name it Pepsi 2 or a brand of sportswear called Adidas 2...
...I guess the similar named companies would be very very angry too. There is a law against similarity in names, so copyrighted products can't be mistaken with others.
So Blizzard didn't owned the rights? That sucks. Valve has all the right to take it then, but it's a really dick-ish move from them. Then again: The early bird gets the crumb of the loaf...Even if it's already chewed on.
Personal opinion:
Sorry Blizzard, but I'm angry with you! Instead of launching Diablo III you mess around with stuff like that. Also please and drop the pandash*t to a later date too!
Valve...Where's my Portal 3? I don't give a sh*t about DOTA2...
On another note, Pepsi has trademarked the name Pepsi and all derivatives. Adidas has trademarked the name Adidas and all derivatives.
Blizzard did not trademark DotA. They don't own it. They own the engine, of course, which means they are connected to it. A smooth-talking lawyer can use that to block Valve's claim, maybe. But Blizzard will have to buy the name from the guys who made the mod and then trademark it.
I'm sure that it will be solved with a relatively small amount of money thrown at the right person(s)...I do know that Blizzard don't own the right...but I could care less of Dota2 anyway. If it hinders the outcome of D3 however, then I'm a bit angered by the whole burlesque they made around it.
I'd surprised if anything big comes of this; it's probably Blizzard covering their asses from a legal standpoint, they have to look like they're protecting their copyrights and whatnot to keep them.
On the other hand, I was a bit surprised when Valve announced it as DotA2, but I'm equally surprised Blizzard waited this long to do/say something.
If it's a mod of a pre-existing property, then it's a derivative work. As a derivative work, it's legally the property of the owner of the pre-existing property. As least, that's how I remember it working.
And so here we go, which team are you on!?
you can only be one or the other. CHOOSE DAMMIT! No you CAN'T see the legitimacy of both sides, that's pussy stuff! You can only like one and hate the other, my god don't you understand how the internet works!?
I don't see how Blizzard can have any claim to the name of a mod they didn't create regardless of whether players originally associated it with their game. The mark is the property of whomever developed the original and since Valve hired that team and Blizzard didn't, the mark should go to them.
Also, finding in favor of Blizzard would be disastrous for the mod community. It would mean that if you form a team and make a mod, whoever publishes the game you made the mod for now owns that trademark. Team Fortress for example would be owned by ID because it was originally a Quake mod.
Kinda feel like this would be like a product used for creation trying to sue someone who made something with it. I know Blizzard wasn't expecting them to up and go make a game out of their mod, and make $$$ but this just makes me want to say.. tough titty said the kitty!
I think it's mostly about the higher ups at Blizzard/Activision who are worried because they have seen Valve's history. Team Fortress, Left 4 Dead and Counter Strike all began their life as mods before being turned into commercial products. Even Alien Swarm was given professional treatment, and it doesn't even cost anything!
They basically realize that if they lose this, there's an absolute mountain of cash they will lose as well. That's the only reason they care. I bet if Gabe or someone else comes out and says they'll let all the older DoTA stuff be used free of any legal restrictions, Blizz'll still bitch about it.
Whatever happened to the good old Blizzard we used to know and love? :(
Yup, didn't care until money was invloved.
Valve have taken mod community work and brought it up to retail before (Counter Strike and Portal, for example) but this is fairly new if they're taking mod work created by using a rival company's software and creating something new from it.
Then again, this seems to be more about use of the name rather than the game and its mechanics.
It's like saying that Valve has no rights to team fortress 2 because the first team fortress mod was on quake..
Dota 2 neither uses blizzards models or game to do anything, it has completely different design just for this simple reason
Blizzard's arguing Valve's trying to take the full ownership when Blizzard was aiding and allowing the creation of the original mod.
Personally, I'm on neither side. I see the arguments for both sides, it seems like the internet is just doing its thing - designating one side the "Good" and the other "Evil"
Technically Blizzard has no LEGAL claim to the title DOTA any more than Valve does. It's not a trademark or copyright or property of theirs.
Therefore, someone should flip a coin.
I wasn't aware they were involved at all, but if they are, then yeah.
It's not as cut-and-dry as that, though, which I really only discovered myself. After DotA took off, Steve Feak created a company called DotA-Allstars, LLC. to manage the mod on an official corporate basis. When Feak left for Riot Games, DotA-Allstars, LLC. became a subsidiary of Riot.
Blizzard actually filed this lawsuit back in November 2011, and at the same time bought DotA-Allstars, LLC. from Riot Games to have more of a claim to the name.
So Valve has the current dev, Blizzard has the company that created it. I really have no idea where this is going to go.
lolwut
People would still refer to it as "DotA 2," and if it's a good game it would spread via word-of-mouth and people would play it anyway. Doesn't League of Legends reference DotA when describing itself?
THE GREAT SHITSTORM OF OUR TIME
Valve should name it something else, because if they had in the beginning, NOTHING would have ever happened. It's the fact that Valve is trying to be sneaksy and ride out on a popular name by slapping a 2 behind another company's game name.
Would be like a totally unaffiliated animation company making a 2 of any of the Disney/Pixar/Dreamworks films (not the 2 ones already out of course) and slapping a 2 on the back of the origional name...
Blizzard wants to keep being the huge name of gaming, so they're going to want to get credit for a game BASED off of a game they created YEARS ago.
Legal things like this take WAY more than they should... between 6months and 2 years I've seen before.
However, that's...It makes sense that they have more of a claim than Valve in the personal sense. Like, any person on the street would go "Hm, oh, ok. I can see why they'd want it."
However, it is not a legal claim any more than "My dog told me to kill people" is. Technically NEITHER company can claim a legal basis for the name, and if this goes the way I think it will, whoever offers a bigger sum of money to the guys who made the original DotA will win.
...I guess the similar named companies would be very very angry too. There is a law against similarity in names, so copyrighted products can't be mistaken with others.
So Blizzard didn't owned the rights? That sucks. Valve has all the right to take it then, but it's a really dick-ish move from them. Then again: The early bird gets the crumb of the loaf...Even if it's already chewed on.
Personal opinion:
Sorry Blizzard, but I'm angry with you! Instead of launching Diablo III you mess around with stuff like that. Also please and drop the pandash*t to a later date too!
Valve...Where's my Portal 3? I don't give a sh*t about DOTA2...
On another note, Pepsi has trademarked the name Pepsi and all derivatives. Adidas has trademarked the name Adidas and all derivatives.
Blizzard did not trademark DotA. They don't own it. They own the engine, of course, which means they are connected to it. A smooth-talking lawyer can use that to block Valve's claim, maybe. But Blizzard will have to buy the name from the guys who made the mod and then trademark it.
Whether it is at the right person is yet to be seen.
On the other hand, I was a bit surprised when Valve announced it as DotA2, but I'm equally surprised Blizzard waited this long to do/say something.
you can only be one or the other. CHOOSE DAMMIT! No you CAN'T see the legitimacy of both sides, that's pussy stuff! You can only like one and hate the other, my god don't you understand how the internet works!?
..Those greedy bastards. :P
They basically realize that if they lose this, there's an absolute mountain of cash they will lose as well. That's the only reason they care. I bet if Gabe or someone else comes out and says they'll let all the older DoTA stuff be used free of any legal restrictions, Blizz'll still bitch about it.
Whatever happened to the good old Blizzard we used to know and love? :(
and yeah, Activision happened.
When are they going after Ubisoft?
blizzard stopped being good after diablo II and valve is the epitome of casuals.