(Note: Editorial was originally published 02/2012 for Press2Reset)
Recently it was discovered that Blizzard had filed a Notice of Opposition on November 16, 2011 against Valve’s registration, which was filed August 6, 2010, to trademark the term DOTA. The World of Warcraft developer claimed that the name is a recognized brand of Blizzard and that Valve has no right to trademark it. This turn of events is understandable from a business perspective and will determine the way consumers, developers, and publishers look at mods.
Meanwhile Valve…has stayed silent on this matter which is normal for them.
There is no doubt that both companies are beginning a fight over a very lucrative title that has spawned an entire genre called Multiplayer Online Battle Arena or MOBA for short which has been seen as League of Legends has become a runaway success story which has surpassed World of Warcraft’s subscription numbers. But the problem remains as to who is in the right when it comes to the DOTA name.
From the start, Blizzard has made one valid point in their entire Notice of Opposition which is that, in order for the mod to be created in the World Editor, the creators had to agree to the End User License Agreement (EULA). During the installation of Warcraft III, and the World Editor, the creator must accept the EULA in order to use the editor itself.
The EULA states that,
“All title, ownership rights, and intellectual property rights in and to the Program and any and all copies thereof (including, but not limited to, any titles, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, and ‘applets’ incorporated into the Program) are owned by Blizzard or its licensors.”
In other words, a person might have developed a mod but Blizzard owns it lock, stock, and barrel. Doesn’t matter how much time you’ve dedicated to your mod, Blizzard can take it and use it as they see fit without your permission or your cooperation.
Reading Blizzard’s Notice of Opposition, I can’t help but observe that they are setting themselves up to trademark the name themselves. Having made many points about DOTA being associated with Blizzard, reasons why Valve shouldn’t trademark the name, and that such a trademark will hurt and damage Blizzard reads more like a list of reasons for their own trademark.
A trademark Blizzard will most likely pursue if they are successful in stopping Valve.
Valve, on the other hand, did not have anything to do with the development of the DotA mod nor have they tried to hide this fact. However, as the Half-Life developer has done many times in the past by hiring mod developers to create their creations into full games such as Counter-Strike. In similar fashion Valve hired IceFrog who has worked on the mod since 2005. While the previous creators left to do their own thing, like Steve “Guinsoo” Feak who walked away in 2005 to work on League of Legends, IceFrog was given the reigns and is the most recognized person in association to DotA having spent around four years updating it and adding to it.
As a reminder, two cornerstone titles of Valve started out as mods. Team Fortress was a popular mod for id Software’s Quake in 1996. In 1999 Valve hired the team to develop a retail, stand-alone version of the game. Counter-Strike was a Half-Life mod and, once again, the developer hired the creators and let them create a retail version. Valve’s move with DOTA is nothing more than standard practice at this point.
Valve hires modders, or indie developers, who have created a great game and give them the opportunity to take it even further. For all the hard work that those modders put into their creations they have been rewarded for it.
Blizzard, in filing this suit, might have legal precedent for this course of action but is it right? Their own game, Blizzard DOTA, is the developer’s own interpretation of the original mod and, like the original, requires that a person own a copy of Starcraft 2 in order to play it. Blizzard’s version of the game is also a lighter version of the game with simplified stats and no item recipes. All the heroes are named after Blizzard characters, mounts have been added, and towers have ammunition. It doesn’t resemble the original DOTA in anyway except with core mechanics.
Yes, Blizzard is making their own “DOTA” game but they didn’t hire anyone who originally created the mod that they have so aggressively argued for. Under the mantle of their EULA they are claiming rights to DOTA and producing their own game which they want consumers to see as a sequel to the original mod.
Valve, however, is making a direct sequel to the mod called DOTA 2 with IceFrog leading the development team. The gameplay is the same and the characters haven’t changed except their looks. In short, DOTA 2 is an updated version of the mod built without Blizzard’s World Editor and will be a stand-alone game.
This is a tough case where choosing sides isn’t exactly easy because, on one hand, you have Blizzard who is developing their own MOBA, with DOTA in the title, for Starcraft 2 which is needed to play it. On the other hand you have Valve, in association with one of the DOTA creators, making a stand-alone version.
In any event, this legal battle is more than just two major developers fighting for the rights to a lucrative trademark. This is also about the EULA and the modders who spend their time developing mods. Why should they be kicked off to the side and watch as someone else capitalize on something they worked on?
Barring unforeseen events, Blizzard might win this battle and then we will have to see whether or not they decide to trademark it themselves. But even if Valve has to change the name of DOTA 2 to something else, anyone who played the original mod will know that this is the real sequel to it.
Question is, though, who is in the right when it comes to DOTA? Should it stay free and open to the community or will Blizzard or Valve trademark it?
Author’s Note:
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