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4e D&D GSL Live
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<blockquote data-quote="pemerton" data-source="post: 4307760" data-attributes="member: 42582"><p>What you say is what I suspected, but I don't know enough about the US law for availability of injunctive relief (in fact, I don't really know enough about the Australian law on the point to have more than a tentative opinion).</p><p></p><p>But if they can't get an injunction, can they get damages instead? Presumably they would have to prove that publishing under the OGL rather than the GSL would cause loss to WoTC due to its undermining of sales of 4e material. To me, that sounds hard to prove, and the amount of loss caused would seem hard to measure.</p><p></p><p>By referring to equitable remedies, is the licence trying to suggest that an account of profits might be available in respect of proceeds of sale in contravention of the licence? That would at least be easier to measure - but in Australian law at least, account of profits is not available as a remedy for breach of contract. And if we're assuming that you're publishing under the OGL then there is no breach of IP rights that might attract an account of profits as a remedy.</p><p></p><p>Anyway, just some thoughts.</p></blockquote><p></p>
[QUOTE="pemerton, post: 4307760, member: 42582"] What you say is what I suspected, but I don't know enough about the US law for availability of injunctive relief (in fact, I don't really know enough about the Australian law on the point to have more than a tentative opinion). But if they can't get an injunction, can they get damages instead? Presumably they would have to prove that publishing under the OGL rather than the GSL would cause loss to WoTC due to its undermining of sales of 4e material. To me, that sounds hard to prove, and the amount of loss caused would seem hard to measure. By referring to equitable remedies, is the licence trying to suggest that an account of profits might be available in respect of proceeds of sale in contravention of the licence? That would at least be easier to measure - but in Australian law at least, account of profits is not available as a remedy for breach of contract. And if we're assuming that you're publishing under the OGL then there is no breach of IP rights that might attract an account of profits as a remedy. Anyway, just some thoughts. [/QUOTE]
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