Path of Diablo

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Modifying itself isn't illegal but modifying by stealing things from other games is. Creating Vaal Orbs in PoD and using the name PoD are examples of a copyright infringement.

If GGG registered Exalted orb as their TM then you are right.
Anyway suing is a right of TM holder, not an obligation and in this very case isn't an option since no direct income is generated by using their assets and no potential threat for them exist.
On reddit people make POE related items using paper,bronze, steel, heads of killed enemies etc and according to your logic they should be sued for doing this.
Again, Skyrim has a mod adding Ciri or Geralt skin from The Witcher, but CD Project Red do nothing since they can't do nothing. Some modders are even polite enough to contact developer to ask permission. In this case they always reply something like: You can use our assets till they used for developing free product. Even if developers forbid using their assets anyone can release a mod anonymously.

As conclusion: Company won't sue modders for using assets that aren't registered as TM.

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ZerotuL wrote:

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Modifying itself isn't illegal but modifying by stealing things from other games is. Creating Vaal Orbs in PoD and using the name PoD are examples of a copyright infringement.

If GGG registered Exalted orb as their TM then you are right.
Anyway suing is a right of TM holder, not an obligation and in this very case isn't an option since no direct income is generated by using their assets and no potential threat for them exist.
On reddit people make POE related items using paper,bronze, steel, heads of killed enemies etc and according to your logic they should be sued for doing this.
Again, Skyrim has a mod adding Ciri or Geralt skin from The Witcher, but CD Project Red do nothing since they can't do nothing. Some modders are even polite enough to contact developer to ask permission. In this case they always reply something like: You can use our assets till they used for developing free product. Even if developers forbid using their assets anyone can release a mod anonymously.

As conclusion: Company won't sue modders for using assets that aren't registered as TM.

People on Reddit aren't making money from the heads so you're right about that. But TM's don't have to be registered to be valid and money doesn't always have to be made for an infringement to exist - although that is usually the case.

http://www.legalflip.com/Article.aspx?id=27&pageid=139

Also, if you read PoE's terms and conditions, you will see this:

'Rights: Unless otherwise stated in these Terms of Use, Grinding Gear Games is the owner or licensee of all rights including all copyright, trade marks and other intellectual property rights relating to or included within the Website, Materials and Services (“Rights”). For the avoidance of doubt, and to the greatest extent permitted at law, the Rights include without limitation all rights in respect of all graphics, logos, text, images and all other elements included in and deriving from the gameplay and virtual world featured in POE, including without limitation in-game names, characters, locations and any virtual items (“Virtual Items”) and their associated benefits or properties acquired or provided for use within POE.'

Whoever made the PoD mod obviously played PoE first so agreed to this term before installing it. This person totally violated this agreement.

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The_Reporter wrote:

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mark1030 wrote:

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Daniel_Pereira wrote:

But Blizzard would profit from it. I don't know about you, but I hate Blizzard and do not want them to profit from GGG at all. Lol.

How would Blizzard profit from it? Nobody is buying Diablo from Blizzard so they can play this mod. It won't be available on battlenet or whatever they call their servers these days. Whoever downloads this mod has either had their copy of diablo for some 18 years or they are getting a pirated copy. And maybe you didn't notice, but GGG has a lot of elements that are identical to Diablo and other games. You think GGG came up with the red and blue mana globes? Or waypoints?

http://us.blizzard.com/en-us/games/d2/

Better link: https://us.battle.net/shop/en/product/game/legacy-games

I know what D2 is. I've owned a copy since the start of the century. But who the hell would buy a copy today? You don't need a unique key because unless I'm wrong, you can't play a modified game on battlenet. So why would people buy a game to play a mod of the game when they could just download a torrent of the game for free?

LOL. Armchair Lawyers.

Please google more legaleeze before talking out of your ass. This is a fan made mod that is FREE and is hosted using official licenses of Diablo 2. You can't play this with a hacked or downloaded version of diablo 2 as it hosted on servers that check that shit.

If anything Blizzard should send greendude (the guy who designed the mod originally) a thank you letter. I personally know 4 people who bought another copy of Diablo 2 just to play this mod.

I'm always enamored by the people that see shit on twitch and then get some joy out of snitching. When will you learn that you look like an absolute dumbass doing this?

If it were against any copyrights or terms of service, twitch would have pulled down the streams within 48 hours. This isn't 2014 where online game streaming was budding industry. These guys know that unlicensed games could instantly destroy their business model.

Most streamers are even reluctant to mention the word "Torrent" as most of the time that is seen as pirating/black market kind of stuff (even though it has legitimate file sharing uses other than that).

Educate yourself so you don't look like an ignorant fool BEFORE you make a snitch post next time.

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Daniel_Pereira wrote:

Hi GGG,

Are you going to take legal action against Blizzard or whoever made this Diablo 2 mod that includes PoE features/ideas and specifically your trademark? What they've done is really bad for you because it takes gamers - therefore money - away from PoE and benefits Blizzard because more people would get Diablo 2 to play this Diablo 2 / PoE combo instead of playing PoE. I'm quite sure you have rights to your intellectual property and I think you should stand up for them.

https://www.youtube.com/watch?time_continue=240&v=XyJOhJqbUmo

Daniel

Ok then state which trademarks and what intellectual property and which laws are supposed to comply your ideas.

Too bad PoE is already a ripoff of Diablo 2 though.

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Daniel_Pereira wrote:

Modifying itself isn't illegal but modifying by stealing things from other games is. Creating Vaal Orbs in PoD and using the name PoD are examples of a copyright infringement.

http://mttlr.org/2012/11/06/gaming-mods-and-copyright/

So by that logic half the stuff in PoE should be illegal
eg: WW vs Cyclone, skill up point icon, multishot vs split arrow,
unique items, bash vs heavy strike
IT EVEN HAS FIREBALL OMG SEW THEIR ASS

The best part of this is that PoD's creator/dev Greendude has had a relationship with GGG for ages. GGG is well aware of this mod's existence. This thread is hilarious/amazing/sad.

OP, there are a lot of things you don't know. As it stands you are just throwing rocks from a position of total ignorance.

LOL Greendude is in good terms with GGG too what the fuck is this HAHA