I just read this story and the ex-owner of the diablo3.com claims that he gave the domain to Blizzard for free. From what I read, the domain was bought in 1998 by the owner and has been a fansite ever since. I am sure it could have been sold for a lot of money but Blizzard may have taken the owner to court. He said that he gave the domain away for free because he's a great fan, etc. but I don't buy that BS - nobody's that retarded. However, I would like to know more about the basis Blizzard has on sueing this guy. On what basis? That he owns a domain with a trademarked name; but the domain was bought 10 years ago. It now makes me thinking if the fact that he had site simply related to the Diablo game is enough but I believe that even though he might have been taken to court, he would have won as he could prove that he didn't buy the domain with the intention to make a profit (this was 10 years ago). Furthermore, I think the flaw here is the fact that after all these years he still kept it related to the game because if it wasn't related at all, Blizzard would just have to pay from what I know. Any other opinions on whether this guy could have asked money for it? Or do some people just not like money?
Sometimes money isnt everything... Because he was nice about giving the domain to them, maybe he thinks being nice and helpful to blizzard, he will get information about the game before the public does.
It looks like Diablo came out the year before - so, its amazing to see how he had ownership of it all these years, and they did nothing about it until some 11 years later... they have every right to confiscate it if it was a website dealing with the game.
However, I would like to know more about the basis Blizzard has on sueing this guy. On what basis? That he owns a domain with a trademarked name; but the domain was bought 10 years ago. It doesn't matter how long he owned the domain if the content is related to the trademark usage. It now makes me thinking if the fact that he had site simply related to the Diablo game is enough but I believe that even though he might have been taken to court, he would have won as he could prove that he didn't buy the domain with the intention to make a profit (this was 10 years ago). "Intention" makes no difference. It's either infringement or it isn't. Furthermore, I think the flaw here is the fact that after all these years he still kept it related to the game because if it wasn't related at all, Blizzard would just have to pay from what I know. But the content was about the trademark. If the domain had never been used in a way that related to the TM usage, he would have been fine in this case. Any other opinions on whether this guy could have asked money for it? Not specifically this case (don't know enough details), but you need to be careful about approaching a TM owner with a domain that contains their trademark. http://en.wikipedia.org/wiki/Cybersquatting He could have asked for money, and the company could have sued him for trademark infringement. Not everyone wants to spend tens of thousands of dollars in court defending the right to a domain that has trademark issues. Had the domain owner won he is still out the legal fees, had he lost - he would lose the domain, his legal fees, and the TM holders legal fees (maybe even treble their legal fees).
Blizzard are rather nasty with lawyers have had run in's in the past with them and mine was a none profit website.
Of course Blizzard can afford the best lawyers as they earn money off the 'WoW' players. And yes, I guess this guy's fault was that he kept it related to the game.. If I was him I would have made some quick software etc. in the past and call that Diablo 3 . But I guess he didn't know much about IM.
A person giving something away for free is being "retarded" or whatever that's called, especially when they stepped on someone else's rights?
I think the same, no1 can give it for free. Nothing in the world is free. If water is Not Free, then Nothing is free
Air is free... so far . Yea but I think blizzard paid him and told him to shut up about the transaction.
Well Billzzard would of hit him with something related to copyright infirg. if i was the owner, i would of made it into like a anti-pet abuse site or something with in that nature and fight back! but then again the owner is a diablo fan.. and he probly got something -> (sneak peaks or something and a lot of free advertising ) I mean this thread probly just gave him 100+ unique hits
This seems too happy for me to believe. Blizzard comes down on this guy, demands the domain that he's worked to promote for 11 years, and he's happy cause he's a game fan? I'm a fan of zelda, but if I had zelda.com, and Nintendo demanded it, I would of course give it to them fearing legal repercussions and all, but I would not tell the media and fans im happy about it. On the contrary I'd make a big deal of it, take it to the press, because after all I would've had to put a lot of time, effort, and money into it. I would not be happy camper and the gaming world would know it! I suspect he was paid, probably well for the domain. He's most likely under a non-disclosure contract.
If he regg'd the domain before Diablo3 was out, then trademarks do not matter. Hell.. Maybe I'll go reg the trademark "digitalpoint" or any other non-trademarked domain and then dispute it. There is definatly something behind the scenes here.