WTH. THis New Expansion. I Hear LawSuitt coming.

killall31
killall31 Posts: 6 Arc User
edited December 2014 in General Discussion
DuskBlades? PWI is now ripping off Dungeons and Dragons. The DuskBlade is a class in DnD 3.5 Player handbook 2. their completely stealing Intellectual Property. i can see this expansion being shut down and PWI sued.
Post edited by killall31 on
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Comments

  • Ibunneh - Raging Tide
    Ibunneh - Raging Tide Posts: 225 Arc User
    edited December 2014
    LOL *sigh* *sips tea and whats for you to get flamed. This oughta be rich
    I love chicken wings and french fries! Yasssb:chuckle
  • gamer4jesus
    gamer4jesus Posts: 0 Arc User
    edited December 2014
    Name 1 MMO that is not 'stealing' from other MMOs. b:bye
  • IHaxJoo - Raging Tide
    IHaxJoo - Raging Tide Posts: 531 Arc User
    edited December 2014
    So, you're saying that whichever company comes up with a name for a class in game deserves to sue every other company who use the same name?
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  • DeffyNature - Archosaur
    DeffyNature - Archosaur Posts: 1,400 Arc User
    edited December 2014
    Unless the specific name had been trademarked for Wizards of the Coast, I'm afraid it's no stealing anything.
    Moreover, since it describes a different type of class (mmo class is not the same thing as a playable class in a pen-and-paper game), then even with a trademark, they might have no legal bounds to do anything.
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  • HideYoHubby - Archosaur
    HideYoHubby - Archosaur Posts: 995 Arc User
    edited December 2014
    DeffyNature - Archosaur wrote: »
    Unless the specific name had been trademarked for Wizards of the Coast, I'm afraid it's no stealing anything.
    Moreover, since it describes a different type of class (mmo class is not the same thing as a playable class in a pen-and-paper game), then even with a trademark, they might have legal bounds to to anything.

    I believe they could ripoff class names all they want as long as they leave it at that. If they start copying lore, etc. I would assume they get in trouble.
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  • XXHotXx - Morai
    XXHotXx - Morai Posts: 1,246 Arc User
    edited December 2014
    and stormbringer mechanics remember a lot the mesmer from wild guars 2

    so wat? :D
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    mypers.pw/1.7/#123524

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  • DEMHEALSMAN - Dreamweaver
    DEMHEALSMAN - Dreamweaver Posts: 1,396 Arc User
    edited December 2014
    >Assassin
    >Wizard
    >Archer
    >Cleric
    >Psychic
    >Barbarian
    >Mystic

    Oh... yeah ok, DuskBlade will surely give them a lawsuit because it's named duskblade...

    All I can hear is the sound of echoing facepalms.
    Soon™
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  • ZentDreigon - Raging Tide
    ZentDreigon - Raging Tide Posts: 456 Arc User
    edited December 2014
    I hear laughter. b:laugh
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  • Xainou - Sanctuary
    Xainou - Sanctuary Posts: 5,369 Arc User
    edited December 2014
    Oh I'm sure that's going to happen... *cough fashion ripoffs*
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  • Darkette - Sanctuary
    Darkette - Sanctuary Posts: 148 Arc User
    edited December 2014
    First problem is common words cannot be trademarked, duskblade being a concatenation of two very common words.

    Contrariwise, were it something like Schloctenheizermistro, which is legally trademarked in the United States, there might be a case for trademark infringement. As it stands, that is not the case.

    Your concerns are without merit.
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  • orangeladey
    orangeladey Posts: 130 Arc User
    edited December 2014
    A) Legally I'm pretty sure that DuskBlade is different than Duskblade. Seriously, that sort of thing truly matters in some cases.

    B) If PWE is served a cease and desist, which I think would be required pending/during a lawsuit, PWE can either comply, or simply change the name of the class.

    C) Lawsuits mainly come in when there is Damage. The whole Intellectual Property thing is only relevant if the second party (here pwe) makes money specifically from the name (i.e. items for cash using the name, or items only for that class) such that it reduces profit from the first party (i.e the property owner, D&D/WotC). OR the First Party may have the right to sue if the Second Party's use of the name causes damage to the First Party's reputation.


    PS, I think I've missed the post, but the original announcement post using Duskablade is a typo??? Even as a typo that can muddy legal waters -_-;
    ♪ "Once I thought the World was made for me"
    ♫ "Once I thought experience was Free"
    ♪ "Never knew you had to pay the Price"
    ♫ "Then I found you sometimes pay it Twice!"
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  • Saethos - Raging Tide
    Saethos - Raging Tide Posts: 1,239 Arc User
    edited December 2014
    DEMHEALSMAN - Dreamweaver wrote: »
    >Assassin
    >Wizard
    >Archer
    >Cleric
    >Psychic
    >Barbarian
    >Mystic

    Oh... yeah ok, DuskBlade will surely give them a lawsuit because it's named duskblade...

    All I can hear is the sound of echoing facepalms.

    ^ This

    Blademaster has been used loads of places, too.
    It is said that apple pie is best served Al La Mode, so if you are the pie, consider me your ice cream.
  • bluestuffzzz
    bluestuffzzz Posts: 627 Arc User
    edited December 2014
    killall31 wrote: »
    DuskBlades? PWI is now ripping off Dungeons and Dragons. The DuskBlade is a class in DnD 3.5 Player handbook 2. their completely stealing Intellectual Property. i can see this expansion being shut down and PWI sued.

    What about the other classes?
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  • orangeladey
    orangeladey Posts: 130 Arc User
    edited December 2014
    DEMHEALSMAN - Dreamweaver wrote: »
    >Assassin
    >Wizard
    >Archer
    >Cleric
    >Psychic
    >Barbarian
    >Mystic

    Oh... yeah ok, DuskBlade will surely give them a lawsuit because it's named duskblade...

    All I can hear is the sound of echoing facepalms.

    Let's see (Defending the original post? Nah, just bored.)

    Assassin - have been around for thousands of years. Goodness, thousands of years ago, this might have even been a public occupation, and along with their other duties, was called 'High Priest'. You know, for when a King must be sacrificed for the good of the land? Only doing this in front of everybody.

    Wizard - I believe is a historical title. The attribution of magic to the title is both from ignorant superstition and how there has been a change in perception of fairy tales. The name is derived first from 'Wise' --> 'wiz' but 'ard' is more uncertain, could be 'lord' --> ord --> ard OR in keeping with the idea of the sophmore (wise fool) then 'ard' could be '****' for a wise '****'

    Archer - a military position. As in a army or guard. Not the same as a huntsman who may also use a bow.

    Cleric - a churchman. Often from pagan religions, and therefore could fight (the 'not drawing of blood' idea I believe is strictly a game mechanic, though some monk's may have been former warriors and have sworn themselves away from blades (sword to plowshares, sort of thing))

    Psychic - Not entirely sure, but I believe it derives from the ancient greeks applying to those who have 'the Sight' i.e. can predict the future. Now commonly accepted to mean anyone who may have extrasensory powers steming from the mind. (I actually think this is PW's most disappointing class, since there is little mental about it's skills.)

    Barbarian - Derogetory term to someone originating from a place that is perceived to lack civilization. I'm sure there actually was a place where the term originated from, but bad reputations carry. Or there is always the perceptions of Gonzo the Great: "Off to Zanzibar, to meet the Zanzibarbarians!"

    Mystic - Commonly an adverb or adjective. Differing origin, but pretty similar to Psychic. Perhaps a lot more vague. Probably a variant of magic. Implies benign intentions, or channeling outside agents. Sometimes considered Fae, which may not be benign.

    Blademaster - term for one who trains others in 'bladed' weapons work.



    Compared to the above, Duskblade and Stormbringer, while not being particularly original as names, ARE certainly more original as class names. Most the other names have a common or historic origin. The new names, not so much.
    ♪ "Once I thought the World was made for me"
    ♫ "Once I thought experience was Free"
    ♪ "Never knew you had to pay the Price"
    ♫ "Then I found you sometimes pay it Twice!"
    --The Fraggles of Fraggle Rock
  • Ibunneh - Raging Tide
    Ibunneh - Raging Tide Posts: 225 Arc User
    edited December 2014
    orangeladey wrote: »
    Let's see (Defending the original post? Nah, just bored.)

    Assassin - have been around for thousands of years. Goodness, thousands of years ago, this might have even been a public occupation, and along with their other duties, was called 'High Priest'. You know, for when a King must be sacrificed for the good of the land? Only doing this in front of everybody.

    Wizard - I believe is a historical title. The attribution of magic to the title is both from ignorant superstition and how there has been a change in perception of fairy tales. The name is derived first from 'Wise' --> 'wiz' but 'ard' is more uncertain, could be 'lord' --> ord --> ard OR in keeping with the idea of the sophmore (wise fool) then 'ard' could be '****' for a wise '****'

    Archer - a military position. As in a army or guard. Not the same as a huntsman who may also use a bow.

    Cleric - a churchman. Often from pagan religions, and therefore could fight (the 'not drawing of blood' idea I believe is strictly a game mechanic, though some monk's may have been former warriors and have sworn themselves away from blades (sword to plowshares, sort of thing))

    Psychic - Not entirely sure, but I believe it derives from the ancient greeks applying to those who have 'the Sight' i.e. can predict the future. Now commonly accepted to mean anyone who may have extrasensory powers steming from the mind. (I actually think this is PW's most disappointing class, since there is little mental about it's skills.)

    Barbarian - Derogetory term to someone originating from a place that is perceived to lack civilization. I'm sure there actually was a place where the term originated from, but bad reputations carry. Or there is always the perceptions of Gonzo the Great: "Off to Zanzibar, to meet the Zanzibarbarians!"

    Mystic - Commonly an adverb or adjective. Differing origin, but pretty similar to Psychic. Perhaps a lot more vague. Probably a variant of magic. Implies benign intentions, or channeling outside agents. Sometimes considered Fae, which may not be benign.

    Blademaster - term for one who trains others in 'bladed' weapons work.



    Compared to the above, Duskblade and Stormbringer, while not being particularly original as names, ARE certainly more original as class names. Most the other names have a common or historic origin. The new names, not so much.

    ^ +10000000

    I hope the OP read this, freaking idiot, you should have thought about this before you even made the thread. *faceplam of infinity*
    I love chicken wings and french fries! Yasssb:chuckle
  • bloodedone87
    bloodedone87 Posts: 1,883 Arc User
    edited December 2014
    killall31 wrote: »
    DuskBlades? PWI is now ripping off Dungeons and Dragons. The DuskBlade is a class in DnD 3.5 Player handbook 2. their completely stealing Intellectual Property. i can see this expansion being shut down and PWI sued.

    Im laughing... wait i am still laughing... ok ...ok... no i am still laughing.
    Intellectual Property?b:laughb:laughb:laugh
    I think the first company that used the name Wizard for a class should have sued the second company that used that name for a class in a video game.
    Many games uses the same name of some classes.
    Barbarian and Wizard it used in PW, Diablo 3.
    Mystic and Archer used in PW , Terra .
    Assassin and Cleric used in PW and ****.
    And the exemples can go on and on....
    The question is: Who used the name first? Who sued who?
    b:laugh
    giphy.gif



  • Ibunneh - Raging Tide
    Ibunneh - Raging Tide Posts: 225 Arc User
    edited December 2014
    bloodedone87 wrote: »
    Im laughing... wait i am still laughing... ok ...ok... no i am still laughing.
    Intellectual Property?b:laughb:laughb:laugh
    I think the first company that used the name Wizard for a class should have sued the second company that used that name for a class in a video game.
    Many games uses the same name of some classes.
    Barbarian and Wizard it used in PW, Diablo 3.
    Mystic and Archer used in PW , Terra .
    Assassin and Cleric used in PW and ****.
    And the exemples can go on and on....
    The question is: Who used the name first? Who sued who?
    b:laugh

    I say we sue the OP for the uncontrollable laughter that caused my stomach damage.
    I love chicken wings and french fries! Yasssb:chuckle
  • bluestuffzzz
    bluestuffzzz Posts: 627 Arc User
    edited December 2014
    killall31 wrote: »
    DuskBlades? PWI is now ripping off Dungeons and Dragons. The DuskBlade is a class in DnD 3.5 Player handbook 2. their completely stealing Intellectual Property. i can see this expansion being shut down and PWI sued.

    It should also be noted that the OP isn't very bright, because you can't own an IP for a name of something in a video game, unless you have copyrighted the name. I have some serious doubts that corporations have copyrighted names for classes in video games (if that's even possible). You can copyright a video game, or even properties of the video game. I don't think it's possible to go beyond copyright of a video game license to a specific name of a class/race in a video game.

    Also, IPs aren't classes or races in video games; they are the license themselves. Perfect World Entertainment is a subsidiary of Wanmei, which owns the IP of Perfect World/Perfect World International. PWE and Wanmei both don't own IPs inside their IPs. That isn't possible by law, at least not here in the United States.
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  • Sardior - Raging Tide
    Sardior - Raging Tide Posts: 38 Arc User
    edited December 2014
    Well, since the op wants to bring up Dnd isnt there technically a Barbarian class in there too? What about the kensai fashion as well, i do remember there being the term kensai used in a certain game that is based on Dnd's 2nd edition rules. This same game uses Barbarians as a class too xD
  • KingCrash - Dreamweaver
    KingCrash - Dreamweaver Posts: 702 Arc User
    edited December 2014
    Why don't you try and suing them for the Hurricane flyer too.
  • barber
    barber Posts: 86 Arc User
    edited December 2014
    welp...they didn't get sued by the Final Fantasy franchise for putting a chocobo mount in game so why would they get sued over this? b:chuckle
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  • Liontitan - Archosaur
    Liontitan - Archosaur Posts: 73 Arc User
    edited December 2014
    If that was the case then every game has a barb or wizard so so lawyers would be filthy rich...wait they already are lol
  • LuckingFoco - Raging Tide
    LuckingFoco - Raging Tide Posts: 712 Arc User
    edited December 2014
    killall31 wrote: »
    DuskBlades? PWI is now ripping off Dungeons and Dragons. The DuskBlade is a class in DnD 3.5 Player handbook 2. their completely stealing Intellectual Property. i can see this expansion being shut down and PWI sued.

    You might just want to find a hole to crawl into for a few months because I don't think the forum users are going to let you live this one down for a while b:laugh
    Malice Leader - Raging Tides

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  • Bunny_slayer - Harshlands
    Bunny_slayer - Harshlands Posts: 101 Arc User
    edited December 2014
    As long as they don't name the new class iBlade, i think they'll be ok b:chuckle
  • killall31
    killall31 Posts: 6 Arc User
    edited December 2014
    ok, i will give you all the points, that many things have been used elsewhere, etc.

    but i would also point out to those of you who say barbarian, etc where used in DnD aswell, are actual real things. not made up intellectual property, such as a duskblade.
  • Hisiala - Morai
    Hisiala - Morai Posts: 106 Arc User
    edited December 2014
    Hmmm... I forgot where I read it, or who has said it, buuuuuut...

    I'm pretty sure nowadays there is NOTHING original left for us to create when it comes to videogames/shows/stories and things like that. Every single thing has been done before.
  • bloodedone87
    bloodedone87 Posts: 1,883 Arc User
    edited December 2014
    killall31 wrote: »
    ok, i will give you all the points, that many things have been used elsewhere, etc.

    but i would also point out to those of you who say barbarian, etc where used in DnD aswell, are actual real things. not made up intellectual property, such as a duskblade.

    Shut up. Just shut up before you make a fool of yourself more than you did.
    b:laughb:laughb:laugh
    giphy.gif



  • TechDawg - Sanctuary
    TechDawg - Sanctuary Posts: 88 Arc User
    edited December 2014
    I'm actually a little bit surprised nobody mentioned that ARC/Perfect world actually runs an online D&D Game, i.e. Neverwinter Nights, and mostly likely has a bit of leeway with regard to that type of intellectual content already.
  • SHIMBERLY - Heavens Tear
    SHIMBERLY - Heavens Tear Posts: 703 Arc User
    edited December 2014
    Lets call up the creators of Avatar and tell them that PWE is using their fallen roc as a mountb:laugh
  • rieihdius
    rieihdius Posts: 468 Arc User
    edited December 2014
    While I agree that probably what the OP is saying is a bit exaggerated. I don't think its really impossible.

    I see here a lot of people calling him / her (sorry don't know the OP's gender) idiot and other insults, yet some of this people seem to ignore that in the US, some companies have made a large number of lawsuits, some very stupid. Of course a lot of those lawsuit have fail.

    As example it came to my mind something that happened during September 2011 when the parent company of the Dragonborn's game company (sorry, forum rules b:surrender ) filed a lawsuit against another videogame company for the use of the word ''scrolls''

    Contrary to what many think, this lawsuit was not really rejected, instead an agreement was reached between both companies even though the demand itself was rather stupid.

    There is also the well know case of some technology companies that buy commercial patents just to make money from them by charging royalties to those who want to use these patented technologies.

    With all this Im not saying that in this particular case PWE is going to be sued, thats it is very unlikely, but some people here trying to look smart should understand that some companies
    register names, trademarks and even single words only to be able to sue or to reach a commercial agreement with another individual or company that wants to use them.

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