Hypothetical: I ignore OGL 1.x

Reynard · Jan 13, 2023

I am just curious: assuming the OGL 1.1 or 2.0 goes into effect and says that you can't make new products using OGL 1.0a, but I go ahead and publish a -- say, just for argument -- 5E compatible monster book under the OGL 1.0a. What happens (assuming WotC notices of course)?

And by "what happens" I mean "what is the series of events that follows this move".

Note: I'm actually looking for an informed opinion on the subject by people familiar with the way IP law and corporations work. Thanks.

Fendulum · Jan 13, 2023

Probably a cease and desist letter if they decide you're significant enough to matter. And if you ignore that, a strategic decision by WOTC and its lawyers about whether it's worth a lawsuit.

DEFCON 1 · Jan 13, 2023

Fendulum said:
Probably a cease and desist letter if they decide you're significant enough to matter. And if you ignore that, a strategic decision by WOTC and its lawyers about whether it's worth a lawsuit.

Yup, probably something like this.

And this is probably the only way (short of WotC just waving a white flag) for anyone to get closure on just what the validity and irrevocability of 1.0a actually is.

The question is... who is willing to push their chips into the center of the table and go all-in?

Reynard · Jan 13, 2023

Fendulum said:
Probably a cease and desist letter if they decide you're significant enough to matter. And if you ignore that, a strategic decision by WOTC and its lawyers about whether it's worth a lawsuit.

Let's say, continuing the hypothetical, I ignore the C&D letter. What is WotC's next step?

(Note, I am literally just trying to understand the process here.)

Lanefan · Jan 13, 2023

@Reynard - in your hypothetical, how would you be distributing/selling your product(s)?

I ask because if you're distributing/selling electronically, nothing stops them sending a C&D (or equivalent) letter to your internet provider and-or host and trying to cut you off that way.

Reynard · Jan 13, 2023

Lanefan said:
@Reynard - in your hypothetical, how would you be distributing/selling your product(s)?

I ask because if you're distributing/selling electronically, nothing stops them sending a C&D (or equivalent) letter to your internet provider and-or host and trying to cut you off that way.

Let's pretend I have a mail order business.

Sacrosanct · Jan 13, 2023

Ask Justin LaNasa what's like to be in their crosshairs. And watch what the result will be, and ask yourself if it's worth the risk to do something similar.

Reynard · Jan 13, 2023

Sacrosanct said:
Ask Justin LaNasa what's like to be in their crosshairs. And watch what the result will be, and ask yourself if it's worth the risk to do something similar.

To be clear, I am not thinking of doing this. I just want to know how it plays out from beginning to end.

Ruin Explorer · Jan 13, 2023

Reynard said:
Let's pretend I have a mail order business.

Next step would probably be to try and get an injunction to stop you selling your products, I think.

That won't succeed as often as people might think.

Then once that's been determined they to take you to court and probably make a copyright case against you.

I think that's where it gets a lot more dangerous for WotC, because potentially they could fail to prove they have copyright on a bunch of stuff people were acting like they did.

That's what happened in GW v CHS - Chapterhouse & The Last Time GW Went To Court Over Copyrights - Spikey Bits Warhammer 40k, Fantasy, Wargames & Miniatures New

It was ultimately a bit of an own-goal for GW even though they "won".

dave2008 · Jan 13, 2023

DEFCON 1 said:
Yup, probably something like this.

And this is probably the only way (short of WotC just waving a white flag) for anyone to get closure on just what the validity and irrevocability of 1.0a actually is.

The question is... who is willing to push their chip into the center of the table and go all-in?

Paizo said they would in their press release yesterday.