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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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To make a product you've been repeatedly pitching for the past year disappear without a trace is... well... bad form.
Particularly when said product was taking pre-orders with the promise it was ready to roll... in July.

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And since the previous fiascos led to thinks like him saying he couldn't confirm who cancelled their pre-order because he lost all the emails when forgot to renew his domain etc... it makes me wonder if he kept good records on everyone who did pre-order back then.
 

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Hasn't the court records so far shown that he doesn't keep records for pretty much anything?
Dinehart hasn't been dragged into court over any of this yet.

But he did have multiple weird instances of doing things like claiming:
  • He couldn't access old emails because the Cpanel "lost" them (right after the url was down for a while due to non-payment)
  • Announcing he was going to give credit to people for their finding issues in GiantLands... then deleting all the posts about it in Discord and never publicly fixing the issues
  • Accusing Bandcamp of stealing from him because he couldn't get into one of his accounts when he lost the email with a domain he let expire
  • Sending copies of GiantLands to people who cancelled their pre-order
  • Starting a Newsletter on his old site, then restarting it with none of the original posts on the new one
It's safe to say that record keeping is not his strong suit, which is quite possibly why neither side seems to have wanted to call him as a witness.
 


Documents for the LaNasa vs. Tenkar case have been released, there's... over 100 pages to go over and I have to work and play D&D today so I won't have time to do a full breakdown today, and there's um... there's a lot in there. All the docs are on CourtListener.

On the key issue of adding Rachel (Tenkar's wife)... Tenkar's lawyers are expectedly, very pointed and include it both in the introduction and as a separate subheading in their motion to dismiss. In the subheading, they point out that they never agreed to accept service on behalf of Rachel, have not been retained by her and are now representing her only in the limited capacity to point out that she has not been served.

Justin's lawyer reply is basically:

1. He's very confused why this should even be an issue
2. Since they're representing her now, that should retroactively mean she was served when he served the wrong person
3. They did not explicitly state at every point they don't represent her, and they still refer to her as a Defendant (they specify she's not properly named)
4. Their responses to him, have in fact mentioned her... in response to his mentioning of her (so if they agree she exists she must be properly served?)
5. If they weren't representing her, and he did indeed serve the wrong person... well it should be agreed he actually served the correct person and she should get a lawyer.

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He also claims that the damages are completely reasonable because of the recent Trump defamation case... where Carroll was receiving death threats and mass harassment after Trump started directly contradicting the court and accusing her of lying... then continued to do so in the court after being told explicitly not to.
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He also claims that Justin LaNasa, the infamous political candidate who did videos for his own businesses, and regularly talks to the press about things he doesn't like... and maintains his own web site about what an amazing guy he is... only became a public figure when Tenkar started making videos.

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Snarf Zagyg

Notorious Liquefactionist
I briefly looked at the reply brief (re: the motion to dismiss).

Tenkar's counsel very briefly and succinctly dealt with the issue of personal service. I mean ... it's kind of so palm-facingly stupid that it's hard to argue, but it was dealt with well. But this is CivPro 101 - you can't just change a name in a lawsuit. You have to serve a party. This is so basic, I honestly have trouble understanding why LaNasa's counsel even tried to argue the point. It just makes him look ... bad (I would use another word here, but bad suffices).

The other interesting thing, which I guess I ignored until now, is that LaNasa's counsel has apparently pled a prima facie tort. I was gobsmacked to see that. It's been a hot minute since I've dealt with New York law, but I still remember hearing a partner berating a summer associate and saying, "It's never a prima facie tort. NEVER!"

(For those of you who don't get that ... when you plead it, it's often a signal to the court that you don't have a case. I mean ... it's not that it has never ever occurred, but if you're scraping the bottom of the barrel to plead it, you're probably missing something.)
 

Indeed... I just looked into some of the other items.

In order to claim that it is definitely defamation to point out Dave Johnson is a Nazi, he cites Hyrhorijiv (Grigorieff) v. Winchell a case which established it could be defamation to refer to someone as a Nazi sympathizer... in 1943... and specifically cites the war as part of the basis - and was never concluded. So um... not the source I'd rely upon.

He also cites Karl Reeves v. Associated Newspapers which is another baffling choice... since it was a case where the court concluded it was not defamation to refer to someone as a Neo-Nazi when you had suitable evidence.... and concluded that information drawn from an arrest record and a police report should be considered fair and accurate.

So y'know... basically "Yeah I was so out of line when I claimed it was defamation to cite my arrest record..." Also it seems that both these cases are from basic textbooks on media law in the US so... um... er... better late than never when it comes to study I suppose?

He follows that up by essentially arguing that the use of Justin's daughter's photo in a video is intentional infliction of emotion distress (IIED) because deepfake technology can be used to falsify child pornography....

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Bearing in mind... the reason there are photo of Justin's daughter is there is because Erika used it as her avatar when barging into Tenkar's stream... and Justin has posted pictures of his daughter on the DHSM Facebook page multiple times... and has a bunch of photos of her on his own web site.

So basically this really makes the case that Justin's daughter should sue her parents for IIED...

He then doubles down on claiming you will invoke Castle Doctrine in a Castle Doctrine state is IIED which is both baffling because... well I think the real issue with that is Castle Doctrine and that's a thing for lawmakers... but also this "threat" would have required Justin to literally show up at Tenkar's house. So um... struggling to see how this meets the "outrageous" criteria.

Justin also supplied a statement which is... a hilarious self own. Apparently Justin is now banned from FIVE different, unrelated conventions... and blames Tenkar for this... but can give no figure for what those losses might be, but he arrives on a final figure of "excess of" $160k in actual damages. $135k of which is legal feels.

So he essentially admits that when he started this fiasco he was about $50k shy of the $75k figure you need for bringing it to Federal Court, instead of state... hence why he's desperately leaning into the Carroll v. Trump ruling.

And I mean desperately, his Exhibit C is (I'm losing my mind here) a copy of the Jury response from the first Carroll v. Trump case!

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His Exhibit A is yet another list of Tenkar's YouTube videos he doesn't like, Exhibit B is videos released since the proceedings started which he doesn't like and with such amazing explanations of "time 8:20 talks about TSR" "Defendant appearing on YouTube video of Don Semora" and "refers to Mario etc" So um... way to make your own action look like a SLAPP?

The final exhibit is a copy of the ruling on the TSR vs WotC injunction which is cited in a footnote that fails to mention the injunction failed, in large part because Justin agreed not to publish SF:NG and that WotC pointed out the copy that Justin supplied in his counter evidence was also bad... and that Justin owns the company so he cannot escape responsibility (only Dave can).

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This whole submission reads like it's written for a test where you are asked to explain the problems with the submission.

Also speaking of losing minds... Justin's lawyer literally opens with some amateur diagnosis of Tenkar....

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Which is... I mean... I cannot imagine it inspiring confidence in any judge, anywhere.
 

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