Oh, yeah. Absolutely. Copyright law is, simply put, a mess, and the way you determine if a particular use is "fair use" is by getting sued, going to court, and letting the judge tell you.Orcus said:
If you decided to go this route, you need to be sure you have a probability you'd win in court you're comfortable with. You also need to either be rich (and thus able to afford a more-than-likely court battle), or poor (and thus not be risking anything with a more-than-likely court battle). And you'd want to have legal representation lined up and ready to respond.
I think it's self evident that the industry--players, publishers, and WotC itself--would be much better off if WotC provided a reasonable GSL. Wizards gets people operating under a license, so both parties are protected under a much clearer agreement. Publishers get to publish. And players benefit from more products to choose from.
