The issue is ~ You can trademark a brand for commerical use if no other trademark exist.
The sad fact IS - Blizzard, and/or the DotA Dev team(s) never sought a trademark for commerical use, when Valve decided to develope a MOBA they realized no trademarking existed, and they petitioned for the trademark, and it was granted per the law.
Since Blizzard -DOES NOT- Have a dog in the fight, (The law is the law), they sought to use the "The Brand Belongs to the community Gesture", it was a gesture NOT a true sentiment of community value, trust me ~ Blizzard doesn't want the DotA Titles, but they also don't want a possible MOBA competitor to use it, and gain a HUGE edge in brand recoginition OVER them, also the character/hero names from DotA were trademark granted to Valve.
It's immorale of valve? Yes, does the brand morally belong to the community? YES!
But in the eyes of the law Valve is justified, and legal to do as they please ~~ By that measure Blizzard HAD to accept these terms, it was the best they could do.. all Blizzard was hoping for at best was to bog down Valve's project by hitting their pockets, Blizzard has more money to hire more lawyers, and keep the fight going for as long as possible without hope of winning legally, but with hope of winning a money war that would force Valve to conceed the point, or risk being deep in the red for their budget on DotA before it launched.
It's all just dirty coperate warfare, don't think for a second Blizzard cares about us, they care about their bottom line or damaging a competitors bottom line / repuatation.
You're right and wrong .... Its a fact that a non-blizzard person created Dota. But it is also a fact that Blizzard owns the copyright over its games so giving the opportunity to make custom maps doesnt make you their owner. Its the same if a company gives you the technology to make something (use your imagination) - you arent the owner of the thing you made. Therefor you cant use it for commertial purpouses. It is the same if someone tries to make a game with your engine without asking your permition - you have every right to stop them or get their "files"... The reason Valve is permited to make Dota 2 is because it is Dota 2 and not Dota (though it is the same but with different graphics).
Anyway ... The so called Blizzard DOTA wont have the success they'd expect because most people think it is just another Dota (the icefrog one) clone. I'd try it out if there is a free 2 play option or an OB-like phase, but other then that i dont expect much. I think the original dota will remain the most popular cuz of the classic WC3 and the lower system req-s - unlike HoN for example.
Personally i am waiting for Thief 4 (not a mmo) and thats maybe the last game i will ever play but thats another topic.
It's all just dirty coperate warfare, don't think for a second Blizzard cares about us, they care about their bottom line or damaging a competitors bottom line / repuatation. I think they managed to damage their own reputation when they stopped the so called project World of Starcraft that boomed in the internet some time ago. I just hope they stop the WoW series and give us something new cuz im tired of the same games getting recycled 100 times...
The issue is ~ You can trademark a brand for commerical use if no other trademark exist.
The sad fact IS - Blizzard, and/or the DotA Dev team(s) never sought a trademark for commerical use, when Valve decided to develope a MOBA they realized no trademarking existed, and they petitioned for the trademark, and it was granted per the law.
Since Blizzard -DOES NOT- Have a dog in the fight, (The law is the law), they sought to use the "The Brand Belongs to the community Gesture", it was a gesture NOT a true sentiment of community value, trust me ~ Blizzard doesn't want the DotA Titles, but they also don't want a possible MOBA competitor to use it, and gain a HUGE edge in brand recoginition OVER them, also the character/hero names from DotA were trademark granted to Valve.
It's immorale of valve? Yes, does the brand morally belong to the community? YES!
But in the eyes of the law Valve is justified, and legal to do as they please ~~ By that measure Blizzard HAD to accept these terms, it was the best they could do.. all Blizzard was hoping for at best was to bog down Valve's project by hitting their pockets, Blizzard has more money to hire more lawyers, and keep the fight going for as long as possible without hope of winning legally, but with hope of winning a money war that would force Valve to conceed the point, or risk being deep in the red for their budget on DotA before it launched.
It's all just dirty coperate warfare, don't think for a second Blizzard cares about us, they care about their bottom line or damaging a competitors bottom line / repuatation.
You're right and wrong .... Its a fact that a non-blizzard person created Dota. But it is also a fact that Blizzard owns the copyright over its games so giving the opportunity to make custom maps doesnt make you their owner. Its the same if a company gives you the technology to make something (use your imagination) - you arent the owner of the thing you made. Therefor you cant use it for commertial purpouses. It is the same if someone tries to make a game with your engine without asking your permition - you have every right to stop them or get their "files"... The reason Valve is permited to make Dota 2 is because it is Dota 2 and not Dota (though it is the same but with different graphics).
That is incorrect, the EULA with the editor, is between you, and Blizzard ~ meaning IF you the Map Maker wanted to challenge Blizzard's right to register with the USPTO (US Patent/Trademark Office) for trademark rights, when it goes to civil legigation you would never go court with it because you would have -NO- case because you surrendered your rights of challenge in the EULA of the World Editor. However, ANY company can register rights to trademark if intention of commerical sale has not been established by another company/body/entity, Blizzard never registered the trademark for intent to sale ~ So that allowed pretty much anyone (Save the map editors who agreed to Blizzard's EULA) to register, it's Blizzards fault for not submitting the paperwork -JUST- incase someone tried to use it.
Valve has registered the trademark DotA, they could make the game title "DotA", and they would be legally justified, you are wrong not just legally, but in every aspect of what you are saying, the law does not care about similarties in visual aspects, or even mechanics they care about quantifible proof. I.E. Words, Codes, Titles, Brands. However Civily speaking Blizzard could sue for the similiarties of the game's mechanics, they -could- have a case, but a weak one.
Anyway ... The so called Blizzard DOTA wont have the success they'd expect because most people think it is just another Dota (the icefrog one) clone. I'd try it out if there is a free 2 play option or an OB-like phase, but other then that i dont expect much. I think the original dota will remain the most popular cuz of the classic WC3 and the lower system req-s - unlike HoN for example.
Ehhh wrong, League of Legends will remain the most popular MOBA, right now their consumer base is ridiculous, and they have very strong domiance on MLG/GSL/E-Sports/Pax Lineups, that alone makes them the winner, the other 2 have an uphill battle to even get considered.
Personally i am waiting for Thief 4 (not a mmo) and thats maybe the last game i will ever play but thats another topic.
It's all just dirty coperate warfare, don't think for a second Blizzard cares about us, they care about their bottom line or damaging a competitors bottom line / repuatation. I think they managed to damage their own reputation when they stopped the so called project World of Starcraft that boomed in the internet some time ago. I just hope they stop the WoW series and give us something new cuz im tired of the same games getting recycled 100 times..
Blizzard doesn't care about their PR/Rep they care about bottomline, they know people will buy their products for their quality, and value ~ not for their company logo, it's sad but true, supply, and demand ~ Until other companies can make a quality product to compete with Blizzard's product line, they can be douches if they want to be (No MMARPG comes close to Diablo III ({Except maybe TERA but thats new, and doesn't have the product brand recoginition}, StarCraft {Most popular RTS in the world, most hosted E-Sport title in the world}, and WoW (World record holder for most players/subscribtions/highest grossing titles of ANY game EVER).
Ehhh wrong, League of Legends will remain the most popular MOBA, right now their consumer base is ridiculous, and they have very strong domiance on MLG/GSL/E-Sports/Pax Lineups, that alone makes them the winner, the other 2 have an uphill battle to even get considered.
Werent we talking about Dota? ... You cant even compare it to LoL - it is more then clear that League of Legends is the most popular MOBA . I gotta tell ya ... Im kind of disapointed that Bloodline Champions is not at least as popular as HoN, imo it is better but i guess its just mine and the other BLC players opinion
Oh btw has Athenes' custom made item come out in LoL? I dont remember its name but he said Riot offered him to design an item and he accepted
Valve for the mere fact that blizzard does no longer care about there players and community, and creates games that suit the masses, rather then genuinely good games.
How is valve stealing the dota name when eul the creator and icefrog the man that made dota the game it is today are working on it? Its theires nothing to talk.
Ehhh wrong, League of Legends will remain the most popular MOBA, right now their consumer base is ridiculous, and they have very strong domiance on MLG/GSL/E-Sports/Pax Lineups, that alone makes them the winner, the other 2 have an uphill battle to even get considered.
Werent we talking about Dota? ... You cant even compare it to LoL - it is more then clear that League of Legends is the most popular MOBA . I gotta tell ya ... Im kind of disapointed that Bloodline Champions is not at least as popular as HoN, imo it is better but i guess its just mine and the other BLC players opinion
Oh btw has Athenes' custom made item come out in LoL? I dont remember its name but he said Riot offered him to design an item and he accepted
Chinas dota playerbase is bigger than the whole faked up lol player numbers. When dota 2 releases lol gonna take a sit and watch how real esports games look. have they finished the replay mode yet?
but the world editor did not created the NAME (not saying it belong to icefrog or anyone else either since no copyright was claimed), character builds, concept or item stats. and then its just a matter of taking all that and using a new game engin. just like HoN did. and they sure as hell didnt run into any problems doing so.
Comments
You're right and wrong .... Its a fact that a non-blizzard person created Dota. But it is also a fact that Blizzard owns the copyright over its games so giving the opportunity to make custom maps doesnt make you their owner. Its the same if a company gives you the technology to make something (use your imagination) - you arent the owner of the thing you made. Therefor you cant use it for commertial purpouses. It is the same if someone tries to make a game with your engine without asking your permition - you have every right to stop them or get their "files"... The reason Valve is permited to make Dota 2 is because it is Dota 2 and not Dota (though it is the same but with different graphics).
Anyway ... The so called Blizzard DOTA wont have the success they'd expect because most people think it is just another Dota (the icefrog one) clone. I'd try it out if there is a free 2 play option or an OB-like phase, but other then that i dont expect much. I think the original dota will remain the most popular cuz of the classic WC3 and the lower system req-s - unlike HoN for example.
Personally i am waiting for Thief 4 (not a mmo) and thats maybe the last game i will ever play
but thats another topic.
It's all just dirty coperate warfare, don't think for a second Blizzard cares about us, they care about their bottom line or damaging a competitors bottom line / repuatation. I think they managed to damage their own reputation when they stopped the so called project World of Starcraft that boomed in the internet some time ago. I just hope they stop the WoW series and give us something new cuz im tired of the same games getting recycled 100 times...
Ehhh wrong, League of Legends will remain the most popular MOBA, right now their consumer base is ridiculous, and they have very strong domiance on MLG/GSL/E-Sports/Pax Lineups, that alone makes them the winner, the other 2 have an uphill battle to even get considered.
Werent we talking about Dota? ... You cant even compare it to LoL - it is more then clear that League of Legends is the most popular MOBA
. I gotta tell ya ... Im kind of disapointed that Bloodline Champions is not at least as popular as HoN, imo it is better but i guess its just mine and the other BLC players opinion 
Oh btw has Athenes' custom made item come out in LoL? I dont remember its name but he said Riot offered him to design an item and he accepted
Valve for the mere fact that blizzard does no longer care about there players and community, and creates games that suit the masses, rather then genuinely good games.
How is valve stealing the dota name when eul the creator and icefrog the man that made dota the game it is today are working on it? Its theires nothing to talk.
Chinas dota playerbase is bigger than the whole faked up lol player numbers. When dota 2 releases lol gonna take a sit and watch how real esports games look. have they finished the replay mode yet?
but the world editor did not created the NAME (not saying it belong to icefrog or anyone else either since no copyright was claimed), character builds, concept or item stats. and then its just a matter of taking all that and using a new game engin. just like HoN did. and they sure as hell didnt run into any problems doing so.