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Hello, I am lawyer with a PSA: almost everyone is wrong about the OGL and SRD. Clearing up confusion.
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<blockquote data-quote="Steel_Wind" data-source="post: 8879770" data-attributes="member: 20741"><p>Exactly. This further discussion of state-by-state American law on how it might resolve an action this way and that way in a given U.S. state concerning the 1.0 OGL is laughably myopic American navel gazing.</p><p></p><p>The vast majority of activity under the OGL is via .pdf. There is no way to functionally prevent the sale or importation of those products over the Internet from a foreign jurisdiction. Even if you could be successful on obtaining an injunction (which I highly doubt -- the balance of convenience test is one WotC could not win under these facts) you cannot get an injunction with teeth under these circumstances; there is an explicit color of right and an explicit derivative works license, too. It won't happen. Any TRO you get in an American state jurisdiction will fail on contact with internet commerce. This isn't Napster or a piracy case.</p><p></p><p>And if you think a foreign corporation is going to routinely attorn to the jurisdiction of the state of Texas (or wherever you think your litigation will be successful ) you are now <strong><em><span style="color: rgb(251, 160, 38)">dreaming in technicolor</span></em></strong>. You also aren't going to pick off small companies with impunity to obtain a precedent. There will be <strong><em>intervenors galore</em></strong> -- and one of them - Paizo Inc., has all the money it needs to have in order to pay lawyers to litigate this. There will be no injunction; the vicissitudes of systemic delay than accrue to the licensees, not the plaintiff licensor.</p><p></p><p>And suddenly, the predicted doom and gloom gets blown away in a light spring breeze. </p><p></p><p>Accordingly, this is largely an academic discussion. If and when a practical case arises in which rights are engaged and real money is in dispute - I'll give it more attention. Until then, this gets exactly the attention it deserves.</p></blockquote><p></p>
[QUOTE="Steel_Wind, post: 8879770, member: 20741"] Exactly. This further discussion of state-by-state American law on how it might resolve an action this way and that way in a given U.S. state concerning the 1.0 OGL is laughably myopic American navel gazing. The vast majority of activity under the OGL is via .pdf. There is no way to functionally prevent the sale or importation of those products over the Internet from a foreign jurisdiction. Even if you could be successful on obtaining an injunction (which I highly doubt -- the balance of convenience test is one WotC could not win under these facts) you cannot get an injunction with teeth under these circumstances; there is an explicit color of right and an explicit derivative works license, too. It won't happen. Any TRO you get in an American state jurisdiction will fail on contact with internet commerce. This isn't Napster or a piracy case. And if you think a foreign corporation is going to routinely attorn to the jurisdiction of the state of Texas (or wherever you think your litigation will be successful ) you are now [B][I][COLOR=rgb(251, 160, 38)]dreaming in technicolor[/COLOR][/I][/B]. You also aren't going to pick off small companies with impunity to obtain a precedent. There will be [B][I]intervenors galore[/I][/B] -- and one of them - Paizo Inc., has all the money it needs to have in order to pay lawyers to litigate this. There will be no injunction; the vicissitudes of systemic delay than accrue to the licensees, not the plaintiff licensor. And suddenly, the predicted doom and gloom gets blown away in a light spring breeze. Accordingly, this is largely an academic discussion. If and when a practical case arises in which rights are engaged and real money is in dispute - I'll give it more attention. Until then, this gets exactly the attention it deserves. [/QUOTE]
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Hello, I am lawyer with a PSA: almost everyone is wrong about the OGL and SRD. Clearing up confusion.
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