Class action lawsuit?

[Dausuul]

Sadly, that would have to happen in court.

Which means someone would have to sue someone else... and if I understand @pemerton correctly, Wizards is almost certainly the only one who could bring such a suit. 3PPs have no way to force the issue -- not individually, and not collectively either.

So it's up to WotC to decide when or if "de-authorization" is put to the test. They could wait years until there's a target worth going after. They could never file suit at all, and just hold the threat over the heads of 3PPs.

 

[pemerton]

Which means someone would have to sue someone else... and if I understand @pemerton correctly, Wizards is almost certainly the only one who could bring such a suit. 3PPs have no way to force the issue -- not individually, and not collectively either.

So it's up to WotC to decide when or if "de-authorization" is put to the test. They could wait years until there's a target worth going after. They could never file suit at all, and just hold the threat over the heads of 3PPs.

Which is why I find myself wondering why do so many posters appear to care so deeply about technical questions of drafting - irrevocability, termination clauses, etc? If all that matters is WotC's apparent willingness to litigate, then that stuff seems mostly like froth.

Whereas if what matters is prospects of success defending a matter against WotC then the hypothetical terms of some imagined future licence seem less important than clear understanding about the range of legal possibilities under the current OGL.

Whatever WotC ultimately wants, and whatever it feels about whether or not its getting there, it certainly has succeeded in getting a lot of people to dance to its tune!

 

[Jer]

How does anyone know if this has happened?

OK I'll revise my statement for pedantry.

If they keep saying that people can't use the 5.1 srd anymore under the 1.0a ogl by claiming they've deauthorized it. Rather than backing off and saying the 1.0a ogl is still in effect and offering to update it to a 1.0b version that clarifies they can't deauthorize it.

Basically it's all in their hands whether they'd like to try to return to the status quo they destroyed with their claims or push forward with the loaded gun they've pulled and let everyone believe they're willing to take folks who continue to use the 5.1 srd to produce new product to court and bankrupt them with lawsuits.