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  1. Steel_Wind

    Foundry VTT Author Chimes in on OGL 1.1

    It was for "political" reasons - though I don't think this is really "politics". @Umbran will correct me if necessary, I'm sure. [And I apologize in advance if it is] What happened was last February, Russia invaded Ukraine. Various Western nations announced financial sanctions on Russia and...
  2. Steel_Wind

    Foundry VTT Author Chimes in on OGL 1.1

    Well, I don't know how true that is. If it's easy to pirate, people will pirate. Just ask anyone in the music industry about the impact of MP3's. Or anyone in the gaming biz about pirated PDFs, for that matter. I am sure more are pirated than are purchased off of Paizo, Drive Thru or perhaps...
  3. Steel_Wind

    Foundry VTT Author Chimes in on OGL 1.1

    You could hand-code in the missing feats, spells, class abilities and bonuses if you know how. Few do, fewer still want to bother with it. It's a massive pain in the ass. The so called "Plutonium" version of pirated material that could be added to Foundry was very much a point-in-time affair in...
  4. Steel_Wind

    Foundry VTT Author Chimes in on OGL 1.1

    Unethical? As a result of switching over to 5e from PF2 on Foundry VTT in March of 2022, I bought the following on DDB: PHB DMG MM Tasha's Xanathar's Fizban's Rime of the Frost Maiden Candlekeep Mysteries Shadow of the Dragon Queen; and 2 six month Master subscriptions All of that spent on DDB...
  5. Steel_Wind

    Hello, I am lawyer with a PSA: almost everyone is wrong about the OGL and SRD. Clearing up confusion.

    To this, I would add the important gloss that we should wait and see what the terms of the OGL 1.1 ultimately are. We don't know for sure yet. I think we need to strike a balance between "pushing back" and "being patient". There's no prize for being hasty here. Let's wait and see what the...
  6. Steel_Wind

    Hello, I am lawyer with a PSA: almost everyone is wrong about the OGL and SRD. Clearing up confusion.

    You have just followed the rule that all clients do when quoted an estimated range for a motion that requires all of the facts to be in and work done before the real bill is known. Firstly, you ignored the exception that it could be higher; and Secondly, you quoted the low number of $20k and...
  7. Steel_Wind

    Hello, I am lawyer with a PSA: almost everyone is wrong about the OGL and SRD. Clearing up confusion.

    Interlocutory motions range in price from $5k to $20k CAN, typically. To go beyond that in cost (many do) it tends to be something special. An Injunction would be one of those times. Again, it depends on the circumstances and the timetable, but I have conducted injunction motions where the...
  8. Steel_Wind

    Hello, I am lawyer with a PSA: almost everyone is wrong about the OGL and SRD. Clearing up confusion.

    All factors must be met in order for the injunction to be granted. I can't anticipate all of the many grounds on which somebody might seek an injunction and I'm not going to do so here; it's not helpful. Whatever the case, in order to get one? You must ski through each of those gates. Miss...
  9. Steel_Wind

    Hello, I am lawyer with a PSA: almost everyone is wrong about the OGL and SRD. Clearing up confusion.

    It is worth mentioning that injunctions are special for another reason: they are EXPENSIVE, top-shelf Big Ticket items in terms of legal costs. It doesn't matter WHO the client is, you are paying premium retail dollars in terms of legal expenses for an injunction motion. Practically speaking...
  10. Steel_Wind

    Hello, I am lawyer with a PSA: almost everyone is wrong about the OGL and SRD. Clearing up confusion.

    Well, the old addage is that plaintiffs run TO the courtroom; defendants run away FROM the courtroom. That much is true; however, it can change depending on. What WotC would want is to run TO the courtroom to obtain an injunction -- WIN -- and then RUN AWAY from the courtroom to delay the...
  11. Steel_Wind

    Hello, I am lawyer with a PSA: almost everyone is wrong about the OGL and SRD. Clearing up confusion.

    Yes, undue influence can also affect contractual capacity, but that does not seem to arise on these facts. While this case has nothing to do with the OGL at all, it is of interest to those in the U.K. and Australia as an odd development in the Canadian common law you might not otherwise hear...
  12. Steel_Wind

    Hello, I am lawyer with a PSA: almost everyone is wrong about the OGL and SRD. Clearing up confusion.

    I would slow down on that one. We have yet to see an announcement and the plain text of OGL 1.1 in a form we can be certain about. It is possible that a term which appropriates the IP in an OGL 1.1 released product to WotC could be held under the principles of Uber v. Heller as unconscionable...
  13. Steel_Wind

    Hello, I am lawyer with a PSA: almost everyone is wrong about the OGL and SRD. Clearing up confusion.

    1. No, very probably not. Moreover, questions like this are wrong-headed in terms of the legal remedy which flows from it. Are you trying to escape a contract, or claim reliance damages? If not, this has no application. Going beyond that, coercion amounting to the tort of intimidation is to...
  14. Steel_Wind

    Hello, I am lawyer with a PSA: almost everyone is wrong about the OGL and SRD. Clearing up confusion.

    Unless it also under seal; then matters are different. To be clear, the OGL is not purportedly signed & sealed nor are any of the documents under discussion here.
  15. Steel_Wind

    Foundry VTT Author Chimes in on OGL 1.1

    Posted earlier today on Foundry VTT's Discord Announcement Channel: =================================== A Preliminary Statement Regarding The OGL Controversy =================================== Hello everyone. Over the past week our team, like many of you, have been closely following the news...
  16. Steel_Wind

    Hello, I am lawyer with a PSA: almost everyone is wrong about the OGL and SRD. Clearing up confusion.

    I don't think that's necessarily follows at all. It could mean that, sure. It could also mean that only the original OGL work by another party needs to be created. The sublicensing rights continue. The ongoing nature of the OGL was how other producers might obtain brand value out of the OGL...
  17. Steel_Wind

    Hello, I am lawyer with a PSA: almost everyone is wrong about the OGL and SRD. Clearing up confusion.

    That may be correct - and it may not be, too. I'll wait and let the dust settle on this one. There is no prize awarded to those who act in haste without any reason to do so.
  18. Steel_Wind

    New OGL - what would be acceptable? (+)

    The issue concerning software is a matter where I have some difficulty with. If the software is a computer or video game meant to be played without moderation? I have no difficulty with that. Baldur's Gate, Neverwinter Nights, NW Online -- Solasta, even. I am okay with that. Agreed. But when...
  19. Steel_Wind

    Hello, I am lawyer with a PSA: almost everyone is wrong about the OGL and SRD. Clearing up confusion.

    You are missing the nuanced point here: it isn't that the documents that were leaked were not the work of lawyers engaged by WotC; rather, it is that those documents themselves are still in draft form. They have not been released by WotC or acted upon. It appears that right now, matters are...
  20. Steel_Wind

    What's All This About The OGL Going Away?

    Utterly outrageous? You haven't even talked me in to a partially and conditionally outrageous state of mind here. That's how far apart our emotional reactions and feelings of injustice are on this topic; the gulf here is vast and wide. Seriously. There is an emotional disconnect here between...
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