TSR Explainers: Background on the TSR/WoTC Litigation (Part 1- State or Federal)

[Mort]

Yes and no. Reviewing the docket shows that while TSR is retaining counsel from The Humphries Law Firm (based out of WIlmington, NC), they're also making use of Immix Law Group, which is based out of Portland, Oregon. That doesn't seem much better, except the attorney who filed the complaint is from Immix and cites a law office of theirs in Bainbridge Island, Washington. So they're not going in without a firm that knows the area.

Again, this isn't wrong, but it's not the full story. The public can access federal case materials via Public Access to Court Electronic Records (aka PACER). While PACER does charge $0.10 per page of materials retrieved (to a maximum of $3.00 for a single document), a quick review of their terms shows that if you accrue a total of $30.00 or less during a quarter-calendar year, the charges are waived.

Plus, while it costs, I've found PACER to be very easy to work with. Firm tried to go with an alternative that was potentially cheaper (Powered by LEXIS) but it was such a PITA that we gave up and switched back to using PACER.

I don't use the State (IL in my case) filing system much, but my limited exposure to the Cook County courts system makes me very glad I don't have too!

 

[Snarf Zagyg]

Yes and no. Reviewing the docket shows that while TSR is retaining counsel from The Humphries Law Firm (based out of WIlmington, NC), they're also making use of Immix Law Group, which is based out of Portland, Oregon. Moreover, the attorney who filed the complaint is from Immix, citing a law office of theirs in Bainbridge Island, Washington. So they're not going in without a firm that knows the area.

Again, the original complaint (prior to dismissal) was written and filed by the Humphries Law Firm. In North Carolina.

Shortly thereafter, an identical complaint was filed by the Immix Law Group. Prior to any substantive motions, the original attorney with the Humphries Law firm filed to be admitted pro hac vice in W.D. Wash.

What this generally means is that the North Carolina attorney is the one doing the litigating. They brought on a local counsel because they needed someone admitted to the W.D. Washington to file the complaint, and now they are getting a pro hac admission to do the actual work. Immix Law is what is referred to as "local counsel" which can vary from "doing actual work as co-counsel" to "rubberstamping filings."

My suspicion is the latter, given the filings so far.

Again, this isn't wrong, but it's not the full story. The public can access federal case materials via Public Access to Court Electronic Records (aka PACER). While PACER does charge $0.10 per page of materials retrieved (to a maximum of $3.00 for a single document), a quick review of their terms shows that if you accrue a total of $30.00 or less during a quarter-year period, the charges are waived.

No, the whole story is that court documents are public records. And there should be no charge or required registration for public court documents. Which is why its important to support the Open Courts Act (currently on Senate Legislative Calendar).

 

[Parmandur]

Nice and humorous summary, thanks!

 

[Morrus]

seemed to be thousands of threads about these people I've never heard of, so I figured its a local personal issue.
But maybe its just a few people constantly bumping the same threads.

There were a couple of accounts registered recently, with very similar posting styles, which seem intent on shutting down any discussion of TSR. At least one of those accounts has left us now, but I'm of the belief that they're either the same person, or linked. Yes, I think that you are one of them. For now, you can leave this thread, and refrain from posting in any thread about TSR.

 

[Cadence]

<deleted>

 

[darjr]

I’m calling them LaNassians

 

[Deset Gled]

As for why this is covered on this forum? Well, this is a TTRPG site with a heavy focus on D&D. So ... it's kind of a topic that is of interest.

For me, personally, it's partly about creating a record. 10 years from now, inevitably someone will ask "Was this NuTSR thing really so bad? Maybe LaNasa was just a guy who wanted to make games and didn't understand IP law very well." I want to be able to say "Yes, they really were bad people. Here's the day LaNasa bullied a preteen girl on YouTube. Here's the day Dave Johnson filmed a video in a public restaurant while actively suffering from COVID. Here's the day they posted that the government in SF:NG promoted slavery."

Not that I think ENWorld is some kind of academic archive, of course. But the bizarre activities of NuTSR are spread out across a multitude of modern media, from Discord to YouTube to PACER and everything in between. Tying it together somewhere has value. ENWorld has been a relatively stable staple of RPG news/discussion for twenty years, and hopefully will be around for 20 more. Until Google brings back functionality to the Deja News archive, it'll do.

 

[Staffan]

Not that I think ENWorld is some kind of academic archive, of course.

It does have a wiki though, which might be a good place to archive these things once it's in the rear view mirror.

 

[MGibster]

The way that they have completely destroyed the good memories some of us have of the old TSR.

I might just be good at compartmentalizing, but even now when I think of TSR I think of the company that went defunct in 1997 and don't associated it with today's company. Whatever some upstart company calls itself these days simply can't ruin the good memories I have of TSR products. Even learning about the foibles of the people involved in contributing to a game that was, and continues to be, a big part of my life hasn't ruined the memories of TSR for me. I realize people can't help it, and I'm not admonishing them if it does, but please try not to let NuTSR ruin it for you.

 

[Jer]

I might just be good at compartmentalizing, but even now when I think of TSR I think of the company that went defunct in 1997

It's funny - when I think of the old TSR I think of two different companies - there was the TSR that created some of the games that defined my youth that I have a lot of fond memories for. I kind of miss that company. Wizards is a good steward of D&D but they're never going to produce something out there like Mertwig's Maze or Gangbusters - that's not the kind of company they are.

But then there was the T$R that destroyed other gaming companies via litigation and went around threatening to sue fans for publishing fan created materials. I don't miss that company at all.

Funny enough they were the same company - it wasn't even like there was one era when they were good and another era when they were horrible. They were both simultaneously.

In conclusion, TSR is a land of contrasts.