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Another Cease and Desist Letter: 4E Powercards
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<blockquote data-quote="Jeff Wilder" data-source="post: 4679406" data-attributes="member: 5122"><p>(I am a lawyer. I'm <em>not</em> an IP lawyer. Please keep that in mind.)</p><p></p><p>I stopped reading this thread at page 19. If anybody's covered my points below since, I apologize.</p><p></p><p>If people are really interested in why it's a bad idea to allow the violation of copyright, beyond the diminishment of the IP's value, look up "estoppel," "waiver, implied," and "adverse possession" in a decent legal dictionary or good legal website.</p><p></p><p>These are very compelling legal arguments in nearly any context -- the first two especially, though the latter is particularly applicable to property concepts -- and while I can't say for certain that they apply to copyright enforcement, I'd be surprised if arguing for one or all wouldn't make a good case, in the event that WotC knowingly allowed copyright violations.</p><p></p><p>One other thing I'll mention just as a point of interest:</p><p></p><p>The thing about copyright law (and other facets of intellectual property law) is that it always lags behind technology. Up until 15 or 20 years ago, that wasn't a huge deal ... being 10 years behind technology didn't mean much. But now? Being 10 years behind technology is immense. You really never know, in IP litigation, when a judge is going to finally recognize that the gap between "how technology is actually used" and "how IP law assumes technology will be used" is -- relatively speaking -- getting wider and wider, and try to shrink it.</p><p></p><p>That's not a risk that the holder of a valuable IP is going to relish taking. (What are the implications of this in practice? Well, trying to figure out the answer to that is what makes it interesting ... )</p><p></p><p>Anyway, I agree with the people that say WotC is just making a smart business decision. I also agree with the people for whom this behavior diminishes WotC in their eyes. It surprises me how many people -- on both sides -- don't seem to recognize that these aren't mutually exclusive positions.</p><p></p><p>WotC is not the White Knight it used to be. Folks can make their purchasing decisions with that in mind.</p></blockquote><p></p>
[QUOTE="Jeff Wilder, post: 4679406, member: 5122"] (I am a lawyer. I'm [I]not[/I] an IP lawyer. Please keep that in mind.) I stopped reading this thread at page 19. If anybody's covered my points below since, I apologize. If people are really interested in why it's a bad idea to allow the violation of copyright, beyond the diminishment of the IP's value, look up "estoppel," "waiver, implied," and "adverse possession" in a decent legal dictionary or good legal website. These are very compelling legal arguments in nearly any context -- the first two especially, though the latter is particularly applicable to property concepts -- and while I can't say for certain that they apply to copyright enforcement, I'd be surprised if arguing for one or all wouldn't make a good case, in the event that WotC knowingly allowed copyright violations. One other thing I'll mention just as a point of interest: The thing about copyright law (and other facets of intellectual property law) is that it always lags behind technology. Up until 15 or 20 years ago, that wasn't a huge deal ... being 10 years behind technology didn't mean much. But now? Being 10 years behind technology is immense. You really never know, in IP litigation, when a judge is going to finally recognize that the gap between "how technology is actually used" and "how IP law assumes technology will be used" is -- relatively speaking -- getting wider and wider, and try to shrink it. That's not a risk that the holder of a valuable IP is going to relish taking. (What are the implications of this in practice? Well, trying to figure out the answer to that is what makes it interesting ... ) Anyway, I agree with the people that say WotC is just making a smart business decision. I also agree with the people for whom this behavior diminishes WotC in their eyes. It surprises me how many people -- on both sides -- don't seem to recognize that these aren't mutually exclusive positions. WotC is not the White Knight it used to be. Folks can make their purchasing decisions with that in mind. [/QUOTE]
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