No, WotC has every right to protect their copyrights, but the point is that Supreme Court (and other court) precedent stands firmly against a copyright in stat blocks (as WotC has presented them). Moreover, as Justice Kagan recently pointed out in
Marvel v. Kimble (a case a patent on a Spiderman webslinging toy), if the Supreme Court interprets a statute one way, and the legislature doesn’t amend their law to correct it after literally decades of opportunity to do so, then it’s clear the Court has no choice but to uphold past precedent. According to that case, that’s the strongest form of stare decisis there is. No way WotC wins back the “sweat of the brow” idea.
As for demanding I sue, that seems unfair. First, copyright misuse is a defense, and the Fourth Ciurcuit (where I live) hasn’t recognized it as something for which a plaintiff can affirmatively sue. Second, you mildly criticize my use of theory to justify my position, yet I suspect the only reason you’re making this demand of me is because you know I’m a lawyer. Would you expect an uneducated person of limited means to spend $200,000 of IP litigation? If not, then either you shouldn’t ask me to do so, or at least shouldn’t criticize my use of the law to make
a legal argument. As I said, that’s not fair. Third, I shouldn’t have to set a precedent; it’s already been set in my favor. The burden is on WotC to justify their actions that spit in the face of that precedent.