A couple of the developers who helped evolve the popular Defense of the Ancients mod are concerned with Valve's recent DOTA trademark filing, as well as its implications for the future of the game. Steve "Pendragon" Mescon and Steve "Guinsoo" Feak, who helped with the creation of DotA Allstars and now work at Riot Games on the free-to-play DotA-inspired League of Legends, believe DotA should remain a "community-owned product that modders, independent developers and game fans can continue to modify and play as often as they'd like."
Mescon said he understands why Valve would want to make a DotA-inspired game, but told Joystiq that he was "surprised that [Valve have] decided to try to trademark the DotA name, because it goes against what [he] and others believe DotA means to the community." He suggested that by trademarking the name, Valve is attempting to take ownership of the name and "exercising control over its future." Mescon believes the "DotA name should remain the property of the community at-large, as it always has."
Despite these issues, Mescon said, "We are actually really interested to see what they can do with this genre because we are excited to see companies of Valve's caliber to enter the space that we've been working in for the last few years."
We contacted Valve for comment on this piece, but as the company has yet to officially announce the game, we'll just have to continue following this story as it develops.
Reader Comments (32)
Posted: Aug 16th 2010 9:21AM Ryuk said
I understand where he's coming from, but I don't see how trademarking the name can just let them control the genre. I mean you have League of Legends and Heroes of Newerth, both are DoTA style games, one of them you even have to pay for
Posted: Aug 16th 2010 9:54AM greyseal said
@Ryuk They can't control the genre. That's not the issue. The issue is that, from now on, anybody who wants to make a DotA mod is going to have to call it something different, which confuses things considerably.
It's like someone releasing a game called Capture The Flag.
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It's like someone releasing a game called Capture The Flag.
Posted: Aug 16th 2010 9:23AM RedViv said
People bother too much. They didn't trademark the full title for a reason.
Posted: Aug 16th 2010 9:23AM rullers said
'cuz Valve would totally sue modders and developers the second someone mentions Dota in their game.
...ungrateful pricks.
...ungrateful pricks.
Posted: Aug 16th 2010 9:50AM Drakkenfyre said
This is the company who even mentions when someone does an 8-bit style remake of one of their games, praises it, and posts a link to it.
http://www.teamfortress.com/post.php?id=2479
I don't think they have anything to worry about.
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http://www.teamfortress.com/post.php?id=2479
I don't think they have anything to worry about.
Posted: Aug 16th 2010 1:35PM stubby boardman said
@Drakkenfyre Agreed. Thinking of Valve as a bad guy just doesn't compute. I'll wait for their explanation before worrying. Maybe it's a preemptive measure against some douche trying to cash in on trademarking it. Who knows?
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Posted: Aug 16th 2010 4:01PM The Aquacharger said
@Rahabib
No, they hired the orignal TF team to make TF open to more auidences. Hell, you got it for free for buying HL1.
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No, they hired the orignal TF team to make TF open to more auidences. Hell, you got it for free for buying HL1.
Posted: Aug 16th 2010 9:57AM Lerkero said
If there is one company that you don't have to worry too much about taking over a franchise and limiting community access, i think it's Valve.
Do these guys not know the story of Counter-strike, G-mod, the Portal expansion, etc.?
Do these guys not know the story of Counter-strike, G-mod, the Portal expansion, etc.?
Posted: Aug 16th 2010 11:07AM Kamokazi said
@Lerkero
Oh, you think they actually care about the DOTA name and the community, isn't that cute?
BUT IT'S WRONG!
(That was a Two Stupid Dogs reference in case you missed it.)
The now LoL developers are not worried about the community, they are worried about their profit margin. Valve making a DOTA style game with the DOTA name can only mean bad things for them.
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Oh, you think they actually care about the DOTA name and the community, isn't that cute?
BUT IT'S WRONG!
(That was a Two Stupid Dogs reference in case you missed it.)
The now LoL developers are not worried about the community, they are worried about their profit margin. Valve making a DOTA style game with the DOTA name can only mean bad things for them.
Posted: Aug 16th 2010 11:06AM zsavior said
Valve really? I think the bigger fear is that the Valve game will be better and take people from them. Accusing Valve of stopping a community from modding and making a game theirs is insane.
Especially when LOL is free but you buy each character. I love league of Legends but I see why they don't want valve there. This seems to be more "I'm afraid the Valve version will be a house hold name, and out shadow lesser ones".
Especially when LOL is free but you buy each character. I love league of Legends but I see why they don't want valve there. This seems to be more "I'm afraid the Valve version will be a house hold name, and out shadow lesser ones".
Posted: Aug 16th 2010 11:22AM dkffiv said
F Guinsoo and his crappy Allstar mod, the community complained when he named his ripoff DotA and gave no credit to Eul.
Defense of the Ancients was 1000x better than Allstars, only problem is they were never able to port it to TFT
Defense of the Ancients was 1000x better than Allstars, only problem is they were never able to port it to TFT
Posted: Aug 16th 2010 11:36AM Mike DPad said
I love these type of games and have been hammering League of Legends lately. What they really need is a label that accurately reflects the type of unique gameplay.
If anyone has played Monday Night Combat, their "Crossfire" mode is very similar to that of DotA in that you keep pushing behind your team's bots to get the opposing teams money ball (in their base) and have the ability to build turrets instead of defending the ones that already exist (in DotA games).
We need a label !!!
If anyone has played Monday Night Combat, their "Crossfire" mode is very similar to that of DotA in that you keep pushing behind your team's bots to get the opposing teams money ball (in their base) and have the ability to build turrets instead of defending the ones that already exist (in DotA games).
We need a label !!!
Posted: Aug 16th 2010 1:17PM isotrex said
Well, they can just trademark the name for all we care as long as they keep it free and developed openly by the community for the community.
Posted: Aug 16th 2010 1:43PM eudaimo said
I find many of the comments in this thread perplexing. DotA is a community driven, freely-distributed mod for Warcraft 3. Valve has seemingly decided to make a version in-house. That is great news. I like Valve's products.
HOWEVER, it is strange that Valve should seek to trademark the name DotA. Legally, there is only one reason to trademark a name: to enforce a property right in that name. *BUT DotA DOESN'T BELONG TO VALVE.*
Responses on this thread are generally themed:
*Well, Valve makes good games.
or
*Well, Valve lets people mod their games and is not bullish about their trademark rights.
or more generally,
*Well, Valve is a nice company (not evil, like Activision).
Those comments are all fine, good and arguably correct, but none of them discredits the legitimate concern over a company trademarking a community name. It's great that Valve has built up consumer trust. But I trust a lot of people, and that doesn't mean that I freely hand them the deed to my house.
Moreover, even if we trust Valve to allow the COMMUNITY to release mods, it is highly questionable that they should enforce a trademark right in "DotA" against ANYONE. If a few indie devs put together a great XBL version of DotA and wanted to sell it, they now cannot without Valve's permission, even though that name does not (or should not) belong to Valve. That's the issue.
This plays into the larger issue of gamers' desire to personify publishers and imbue them with soap operatic levels of intent and morality. Activision is pure evil, and every product published by them is probably poison (Ironically, Activision probably has a more common sense claim to ownership of DotA than Valve, since Warcraft 3 is its IP). On the other hand, everything Valve does is good and wise and certainly done for our benefit. They cannot be criticized.
HOWEVER, it is strange that Valve should seek to trademark the name DotA. Legally, there is only one reason to trademark a name: to enforce a property right in that name. *BUT DotA DOESN'T BELONG TO VALVE.*
Responses on this thread are generally themed:
*Well, Valve makes good games.
or
*Well, Valve lets people mod their games and is not bullish about their trademark rights.
or more generally,
*Well, Valve is a nice company (not evil, like Activision).
Those comments are all fine, good and arguably correct, but none of them discredits the legitimate concern over a company trademarking a community name. It's great that Valve has built up consumer trust. But I trust a lot of people, and that doesn't mean that I freely hand them the deed to my house.
Moreover, even if we trust Valve to allow the COMMUNITY to release mods, it is highly questionable that they should enforce a trademark right in "DotA" against ANYONE. If a few indie devs put together a great XBL version of DotA and wanted to sell it, they now cannot without Valve's permission, even though that name does not (or should not) belong to Valve. That's the issue.
This plays into the larger issue of gamers' desire to personify publishers and imbue them with soap operatic levels of intent and morality. Activision is pure evil, and every product published by them is probably poison (Ironically, Activision probably has a more common sense claim to ownership of DotA than Valve, since Warcraft 3 is its IP). On the other hand, everything Valve does is good and wise and certainly done for our benefit. They cannot be criticized.
Posted: Aug 16th 2010 1:50PM Swizzler said
@eudaimo: I'm kinda confused, like you said DotA is a mod of Warcraft III, therefore even if a few indie devs made "a great XBL version" they wouldn't be able to publish it due to conflicts with blizzard WAY before they got to the name problem, also I would think that quite a few of the devs of the current DotA wouldn't be too happy about some "indie devs" taking all their hard work they've donated for free and publishing it on XBL to profit off of.
Like I said below, this was probably a move to protect the name from offenders much like how the term "Open Source" is trademarked.
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Like I said below, this was probably a move to protect the name from offenders much like how the term "Open Source" is trademarked.
Posted: Aug 16th 2010 1:59PM eudaimo said
@(Unverified) I'm happy to clarify: Activision/Blizzard owns the source code to Warcraft 3. They do not own any of the underlying gameplay ideas. That's not a protectable IP. As user above pointed out the example of Capture the Flag. As I recall, CTF was originally a community driven mod to Quake. It received official support in Quake 2, but that didn't entitle iD to purport to own "Capture the Flag" or even Capture the Flag in the context of Quake.
Notably, the analysis would change dramatically if Valve called their Game: Defense of the Ancients: Rise of the Old Ones, for example. They would be more than entitled to trademark *that* and all related properties.
I don't think your Open Source analogy really applies. First, Open Source is not actually trademarked. Groups have tried to trademark it and have failed. More importantly, the purpose behind trademarking Open Source is presumably to prevent companies that are making NONopen source software to claim their software is "Open Source." For example, it would be very confusing if Microsoft claimed Windows7 was "open source because it was made by everyone." I don't see how Valve claiming a property right in a preexisting property right is similar.
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Notably, the analysis would change dramatically if Valve called their Game: Defense of the Ancients: Rise of the Old Ones, for example. They would be more than entitled to trademark *that* and all related properties.
I don't think your Open Source analogy really applies. First, Open Source is not actually trademarked. Groups have tried to trademark it and have failed. More importantly, the purpose behind trademarking Open Source is presumably to prevent companies that are making NONopen source software to claim their software is "Open Source." For example, it would be very confusing if Microsoft claimed Windows7 was "open source because it was made by everyone." I don't see how Valve claiming a property right in a preexisting property right is similar.
Posted: Oct 13th 2010 7:07PM (Unverified) said
@eudaimo
Trademark has never been about who something actually deserves to belong to. But I bet that Valve will open-source the trademark.
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Trademark has never been about who something actually deserves to belong to. But I bet that Valve will open-source the trademark.
Posted: Oct 13th 2010 7:16PM eudaimo said
@(Unverified) I don't understand what you mean by "Trademark has never been about who something actually deserves to belong to."
The primary purpose of trademark is to prevent consumer confusion. But there are all sorts of considerations that go into determining who owns a trademark and its breadth. Whether it's "deserved" or not isn't exactly how I'd approach the question. But the point of my post was that it is unusual and unseemly for a private company to trademark a term that previously referred to a "public product."
I also don't understand what you mean by "But I bet that Valve will open-source the trademark."
What does open sourcing a trademark mean?
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The primary purpose of trademark is to prevent consumer confusion. But there are all sorts of considerations that go into determining who owns a trademark and its breadth. Whether it's "deserved" or not isn't exactly how I'd approach the question. But the point of my post was that it is unusual and unseemly for a private company to trademark a term that previously referred to a "public product."
I also don't understand what you mean by "But I bet that Valve will open-source the trademark."
What does open sourcing a trademark mean?
Posted: Aug 16th 2010 1:45PM Swizzler said
I have a feeling this is more about protecting the trademark (like the people who trademarked "Open Source" and so forth) rather than taking over the name.
Posted: Aug 16th 2010 2:39PM Hyperion45 said
@Sally You were probably voted down for not understanding the article. It's not that they think Valve will ruin DotA, they even say in the article that they are looking forward to what Valve will do with a game in the DotA genre.
The reason they are upset is that Valve decided to trademark the term "DotA" which they believe should be a community-owned word, not a word that belongs to a single large company.
The reason they are upset is that Valve decided to trademark the term "DotA" which they believe should be a community-owned word, not a word that belongs to a single large company.
Posted: Aug 16th 2010 5:22PM Kyammi said
@Sally Because you somehow think Valve exists for the betterment of mankind and is not a corporation with the singular goal of making money.
It's just like how Nintendo fanboys used to think Nintendo was like that. No, you're delusional.
It's just like how Nintendo fanboys used to think Nintendo was like that. No, you're delusional.
Posted: Aug 16th 2010 5:41PM swangtal said
I thought that every custom maps, names, entities and such that spawned out of WC3 engines legally belong to Blizzard?
Posted: Aug 16th 2010 6:28PM Jordan the hobo said
IMO Valve trademarks it to protect themselves from people who try and profit from their games. I'm sure they are not going to sue fans who do fan projects. aka tf2 and gang garrison. Also better valve then another company
Posted: Aug 16th 2010 10:13PM vaylen said
Riot doesn't have their "panties in a bunch" as one poster said. This was just the opinion of a couple of guys who helped make DotA great and don't want to see their old project privatized.
Food for thought: I don't think it would be cool if Blizzard had trademarked Counter Strike in 2002. They didn't have anything to do with it. It was a mod of a Valve game and Valve was really the only company that had the right to bring Counter Strike into their fold. But now it seems they aren't content to bring their own mods into their fold, they want to start annexing mods of OTHER games that they didn't have anything to do with. That's where I draw the line.
Valve, bring on your MOBA. We all want to try it. But don't try and trademark DotA. Call your MOBA something fresh that stands on its own. And for the record, I don't think Icefrog has devs worried. He was in charge of HoN and that game is nearing irrelevance.
Food for thought: I don't think it would be cool if Blizzard had trademarked Counter Strike in 2002. They didn't have anything to do with it. It was a mod of a Valve game and Valve was really the only company that had the right to bring Counter Strike into their fold. But now it seems they aren't content to bring their own mods into their fold, they want to start annexing mods of OTHER games that they didn't have anything to do with. That's where I draw the line.
Valve, bring on your MOBA. We all want to try it. But don't try and trademark DotA. Call your MOBA something fresh that stands on its own. And for the record, I don't think Icefrog has devs worried. He was in charge of HoN and that game is nearing irrelevance.
Posted: Oct 13th 2010 7:09PM (Unverified) said
@vaylen
You're really trying to say that the people that keep flopping around their epeens on their site about League of Legends being an improved DOTA are trying to keep their work from being privatized?
Are you on cocaine? Can I have some?
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You're really trying to say that the people that keep flopping around their epeens on their site about League of Legends being an improved DOTA are trying to keep their work from being privatized?
Are you on cocaine? Can I have some?
Posted: Aug 17th 2010 11:27PM mobapro0o said
yea... LoL needs to chill out. Theres no point in NOT using the name dota. There is already a general term for this type of game, which is Moba. They are just scared.. as they should be. I mean who else is going to use the name? Icefrog was the only one working on Dota at the end, the other developers have moved on and could care less. Now if some random kid takes the "dota" name and makes a game on bnet... no one would play it anyways. So there is no need for the community to keep the name dota.. icefrog has full right to using that name for his new game.






