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TSR The Full & Glorious History of NuTSR

Because the Saga of TSR3 has been ongoing for a while, with many landmarks, I thought I'd do a quick timeline for those who haven't had the time (or, frankly, inclination) to keep up with the whole palaver. As multiple entities refer to themselves as TSR, I will use the nomenclature (1), (2) etc. to distinguish them. However, all the companies below simply use the term "TSR". The principle...

Because the Saga of TSR3 has been ongoing for a while, with many landmarks, I thought I'd do a quick timeline for those who haven't had the time (or, frankly, inclination) to keep up with the whole palaver.

As multiple entities refer to themselves as TSR, I will use the nomenclature (1), (2) etc. to distinguish them. However, all the companies below simply use the term "TSR".

The principle people involved with this story are Ernie Gygax (one of Gary Gygax's children), Justin LaNasa (a tattooist, weapon designer, and briefly a politician who refers to himself as Sir Justin LaNasa*), Stephen Dinehart (co-creator of Giantlands with James Ward), and -- later -- Michael K. Hovermale, TSR3's PR officer.

Also linked to TSR3 is the Dungeon Hobby Shop Museum in Lake Geneva, Wisconsin. Much of TSR3’s commercial business appears to be conducted via the museum.

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  • Late June 2021. TSR3 embarks on an astonishing social media campaign where they tell people who don't like Gary Gygax not to play D&D, call a trans person on Twitter 'disgusting', thank the 'woke' because sales are up, insult Luke Gygax, and more. They also block or insult those who question them on Twitter.
  • Late June 2021. Various companies distance themselves from TSR3, including Gen Con, TSR2 (who rebrand themselves Solarian Games), GAMA, and various individuals such as Luke Gygax, Tim Kask, Jeff Dee, and more. TSR3 responds to being banned from Gen Con by claiming that they created the convention.
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  • June 30th 2021. TSR3 blames the widespread pushback it is getting on WotC, accusing it of mounting a coordinated assault on them. In the same tweets they claim that they created the TTRPG business. Ernie Gygax and Stephen Dinehart then deactivate their Twitter accounts. Months later it transpires that this is the date they received a C&D from WotC regarding their use of their IP.
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  • December 11th 2021. The president of the Gygax Memorial fund publicly declares that they were never consulted, and would refuse any donation from TSR3's crowdfunding campaign. TSR3 quietly removes the references to the GMF from the IndieGoGo page.
  • December 29th 2021. TSR3.5 refiles its lawsuit, this time in the correct jurisdiction. LaNasa and TSR ask for a trial by Jury.
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  • January 8th 2020. Wonderfiled[sic]'s Stephen Dinehart threatens to sue Twitter user David Flor for his negative review of Giantlands on the platform.
  • January 10th 2022. TSR3's Justin LaNasa sends TSR alumn Tim Kask a profane message, telling him to "Go suck Lukes/wotc/balls you f*****g coward" and accusing him of having been fired from TSR for stealing.
  • January 11th 2022. Michael K Hovermale claims that the first edition of TSR3's Star Frontiers: New Genesis game was released and has sold out. He says “It was a very small limited run released and sold on the DHSM [Dungeon Hobby Shop Museum] website. It is no longer available, and probably won’t be reprinted.” As yet, nobody has publicly revealed that they bought a copy.
  • January 14th 2022. Michael K. Hovermale resigns as TSR3's Chief Creative Officer and Public Relations Officer after 6 months in the position.
  • March 4th 2022. WotC strikes back with a lawsuit naming TSR, Justin LaNasa personally, and the Dungeon Hobby Shop museum. WotC seeks a judgement that TSR hand over all domains, take down all websites, pay treble damages and costs, hand over all stock and proceeds related to the trademarks, and more. TSR has 21 days to respond.
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  • March 22nd 2022. TSR gets an extension on that WoTC suit. Two waivers of service of summons granted to both Justin LaNasa and the Dungeon Hobby Shop Museum. He now has 60 days from March 4th to serve an answer or motion, or suffer default judgment.
  • March 26th 2022. TSR CON takes place at the same time as Gary Con. TSR claims " lol, actually we asked just about every one of the 800 people stopping by, TSR CON, and about 60% had no idea Gary con was going on, and we tried pushing them to go over and attend."
  • March 28th 2022. TSR3 posts images of 'rebound' copies of AD&D 1E books it is selling for $650 each.
  • May 17th 2022. Evidence emerges of Nazi connections via TSR3's Dave Johnson. Public Twitter posts include concentrated hateful imagery and messages over a long period of time.
  • May 17th 2022. DriveThruRPG removes all Dave Johnson Games titles from the platform.
  • May 17th 2022. A jury trial date is set for the TSR/WotC lawsuit for October 2023 (few suits like this actually make it to trial in the end).
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  • July 19th 2022. A leaked version of a beta version of TSR's 'Star Frontiers: New Genesis' game emerges on the internet. The content includes racist and white-supremacist propaganda, including character races with ability caps based on ethnicity, and various homophobic and transphobic references. Justin LaNasa immediately threatened to sue blogger Eric Tenkar, who shared the information publicly ('Mario Real' is one of LaNasa's online pseudonyms). Various evidence points towards the document's genuine nature, including an accidentally revealed Google drive belonging to NuTSR.
  • July 22nd 2022. A video shows a Google Drive that appears to be owned by nuTSR, which contains a list of enemies of the company, usually with the word "WOKE" in caps being used as a pejorative.
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(screenshot courtesy of the @nohateingaming Twitter account)

  • August 30th 2022. Wizard Tower Games announces that they have received a subpeona from WotC regarding TSR and Justin LaNasa. Former NuTSR employee Michaal K Hovermale confirms that he has also received a subpeona.
  • September 5th 2022. Justin LaNasa sends out customer data, including addresses and credit card numbers. LaNasa responds by publicly claiming the evidence is photoshopped and slandering those who revealed it as liars.
  • September 8th 2022. WoTC files an injunction to prevent LaNasa or his companies from “publishing, distributing, or otherwise making available Star Frontiers New Genesis or any iteration of the game using the Marks”.
  • June 8th 2023. NuTSR files for bankruptcy. The case between WotC and NuTSR is postponed until March 2024.

Have I missed anything important? I'll continue updating this as I remember things, or as people remind me of things!

To the best of my knowledge, TSR3 is not actually selling any type of gaming product.

*if anybody has any link to LaNasa's knighthood, please let me know!

Websites
Various websites have come and gone. I'll try to make some sense of it here so you know what site you're actually visiting!
  • TSR.com is the original TSR website. For a long time it redirected to WotC. The URL is no longer in use. (WotC)
  • TSRgames.com was TSR2 until summer 2021. The site is still running, although TSR2 is now called Solarian Games. (Jayson Elliot)
  • TSR.games was TSR3 until summer 2021. It now goes to Wonderfiled(sic)'s website. (Stephen Dinehart)
  • TSR-hobbies.com is TSR 3.5, launched summer 2021 by Justin LaNasa and Ernie Gygax. (Justin LaNasa)
 

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vecna00

Speculation Specialist Wizard
(Sorry for the double post)


I'm willing to bet, if anything, they were made to sign something LaNasa copied off the internet thinking it was sufficient of an NDA to protect him, but it's likely about as weak as the paper it's written on. Any attorney with half a brain could shred it with a five minute defense.

NDAs are notoriously hard to enforce. I should know... I have a literal drawer full of NDAs going back thirty years.
I follow more than a few video game podcasts and websites, and whenever breaking an NDA with a publisher is brought up, it's never really resulted in any actual legal ramifications that they can quote. If anything, it's just stuff like "Well company X won't send games early for review, or company Y may not invite us to events for a bit." It's almost like the NDA works more on the honor system in certain industries.
 

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I follow more than a few video game podcasts and websites, and whenever breaking an NDA with a publisher is brought up, it's never really resulted in any actual legal ramifications that they can quote. If anything, it's just stuff like "Well company X won't send games early for review, or company Y may not invite us to events for a bit." It's almost like the NDA works more on the honor system in certain industries.
I think you’re confusing NDAs with embargoes here. The latter aren’t legally enforceable. Even when a company calls something they give to media an NDA it’s a totally different sort of thing. Real NDAs forced on real employees can be completely devastating.
 

Steampunkette

Rules Tinkerer and Freelance Writer
Supporter
I don’t think it’s that cut and dried. There’s lots of things that can void an NDA (and as stated, I don’t know them all). Three spring to mind in this case:

1) the NDA is drafted to cover information that is already known by parties not subject to the NDA

Since nuTSR is trying to have an NDA cover IP they do not own that is already owned by another company, the subject matter of the NDA is arguably “known” by parties outside the NDA.

2) the NDA is drafted too broadly to be enforceable.

While nuTSR may have produced material coverable by an NDA, using it to ALSO cover information about IP that isn’t theirs may not work.

3) the NDA is drafted so that it doesn’t cover the necessary parties.

This is the potentially hilarious one: sometimes people and business entities do business under a variety of legal identities. If an NDA is written purporting to bind legal entities not actually relevant to the agreement, it’s void. That can include being drafted so that it covers a “trade name” or other name that isn’t the entity’s legal name for the purposes of contractual agreements*, or even the wrong subsidiary. Even a misspelling or leaving off something like “Ltd.” can trigger this. How many legal entities besides himself does Justin Lanasa have involved in this?





* Like if they had used “FedEx” before they had legally changed the company’s name from “Federal Express”.
I wasn't saying "All NDAs are enforceable no matter what" I was saying that the specific question you asked was covered or not. Sure if they make the NDA too broad or too narrow or trying to contain publicly available information, or any other voidable structure it's void.

But you can have someone sign an enforceable NDA about something you don't "Own" before providing them information about that thing that they're not able to share with others. An example would be a Legal Proceeding. A person could be requested to sign a non disclosure agreement about specific information pertinent to the case that is being revealed to them as an expert witness, for example, only to be discussed in the court itself with the judge. The people putting that NDA together are involved in the legal matter, but hold no ownership.

Arguably stewardship over the proceedings due to fiduciary responsibility... but that's a bit murky, I think.
 

Steampunkette

Rules Tinkerer and Freelance Writer
Supporter
DHSM posted "Proof" that it's Michael and his Child 'cause back in December the younger Hovermale did some organizing of their SFNG folders and stuff in the google docs file.

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... which kind of points to the idea that the stuff they've shown -is- the real material. Which shoots DHSM's denial right in the foot.
 

darjr

I crit!
DHSM posted "Proof" that it's Michael and his Child 'cause back in December the younger Hovermale did some organizing of their SFNG folders and stuff in the google docs file.

294640071_623722189145356_2378276181455104876_n.jpg


... which kind of points to the idea that the stuff they've shown -is- the real material. Which shoots DHSM's denial right in the foot.
Wait? Did they just share one of the shared paths to the drive?
 


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