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Another Cease and Desist Letter: 4E Powercards
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<blockquote data-quote="Brown Jenkin" data-source="post: 4679803" data-attributes="member: 2572"><p>Almost always is the right phrasing. Sure WotC has deep pockets, but how deep and how much of those deep pockets are they willing to spend and for what. There risk is who they decide to go after. If the person, like myself, believes in what they are doing and has the money to fight back they may just get that fight. If the person they sue has enough cash for a lawyer to begin with, but no deep pockets, and is willing to lose all their money over principle, then WotC could be in trouble. Sure WotC would eventually be able to outspend them, but WotC would end up spending hundreds of thousands and if they win they would end up with nothing. Since America has no debtors prisons, all WotC would have is a judgment against future income that would amount to practicality nothing. Plus, as has been mentioned, there is also the countersuit for legal fees, so if the defendants can find a lawyer who also believes that the defendant is right and is willing to stick around after the initial cash is used up then they might still get paid. Then WotC could be on the hook for even more with absolutely nothing to show for it. </p><p></p><p>The C&D letters make for a good scare tactic, but unless WotC is sure they will win then actually suing is something they will actually have to seriously think about. In this particular case WotC would likely win, but if the owner of the site is willing to put up money even knowing they will lose, then it still may not be worth it financially for WotC to press the case. Again, WotC only collects damages if the defendant can pay damages. Remember, WotC is a business and all those lawyers have to be paid, and if paying those lawyers is more expensive than the profits they will make from increased sales of Power Cards then that is not a wise use of their money. People often collect personal injury damages because it is cheaper to pay claimants a few thousand dollars, than it is to spend tens of thousands of dollars for lawyers to fight the case. If it is Trademark, then they have to sue or risk losing their Trademark, but for Copyright only they don't have to sue.</p></blockquote><p></p>
[QUOTE="Brown Jenkin, post: 4679803, member: 2572"] Almost always is the right phrasing. Sure WotC has deep pockets, but how deep and how much of those deep pockets are they willing to spend and for what. There risk is who they decide to go after. If the person, like myself, believes in what they are doing and has the money to fight back they may just get that fight. If the person they sue has enough cash for a lawyer to begin with, but no deep pockets, and is willing to lose all their money over principle, then WotC could be in trouble. Sure WotC would eventually be able to outspend them, but WotC would end up spending hundreds of thousands and if they win they would end up with nothing. Since America has no debtors prisons, all WotC would have is a judgment against future income that would amount to practicality nothing. Plus, as has been mentioned, there is also the countersuit for legal fees, so if the defendants can find a lawyer who also believes that the defendant is right and is willing to stick around after the initial cash is used up then they might still get paid. Then WotC could be on the hook for even more with absolutely nothing to show for it. The C&D letters make for a good scare tactic, but unless WotC is sure they will win then actually suing is something they will actually have to seriously think about. In this particular case WotC would likely win, but if the owner of the site is willing to put up money even knowing they will lose, then it still may not be worth it financially for WotC to press the case. Again, WotC only collects damages if the defendant can pay damages. Remember, WotC is a business and all those lawyers have to be paid, and if paying those lawyers is more expensive than the profits they will make from increased sales of Power Cards then that is not a wise use of their money. People often collect personal injury damages because it is cheaper to pay claimants a few thousand dollars, than it is to spend tens of thousands of dollars for lawyers to fight the case. If it is Trademark, then they have to sue or risk losing their Trademark, but for Copyright only they don't have to sue. [/QUOTE]
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