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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: 8881236" data-attributes="member: 20741"><p>But it <strong><em><span style="color: rgb(251, 160, 38)">is</span></em></strong> different. Youtube provides essentially no compensation to the random person who posted it.</p><p></p><p>In your example, the author of material under the OGL has a property interest in it, and unlike a poster on YouTube -- they have a <em>prima facie</em> legal right to sell it. Drive Thru is in a position, practically speaking, as a monopolist in selling OGL content online and has a contract with that author to provide a portion of the sale to him, her or it. It's not the same thing as a Youtube takedown notice. At all.</p><p></p><p>You want to go down that road? Be my guest. As long as greed and stupidity are legal, litigators will always have work!</p><p></p><p>Seriously though, your proposal will lead to a class action against WotC. It would be reckless and likely <em>extremely</em> costly, in an environment where <em>treble damages</em> for punitives is the presumptive rule. </p><p></p><p>It's okay to say "I didn't know that" or "I never considered that" as part of an online discussion. The Olympic Judge from Austria won't deduct marks from your perfect score of 10 for saying so.</p></blockquote><p></p>
[QUOTE="Steel_Wind, post: 8881236, member: 20741"] But it [B][I][COLOR=rgb(251, 160, 38)]is[/COLOR][/I][/B] different. Youtube provides essentially no compensation to the random person who posted it. In your example, the author of material under the OGL has a property interest in it, and unlike a poster on YouTube -- they have a [I]prima facie[/I] legal right to sell it. Drive Thru is in a position, practically speaking, as a monopolist in selling OGL content online and has a contract with that author to provide a portion of the sale to him, her or it. It's not the same thing as a Youtube takedown notice. At all. You want to go down that road? Be my guest. As long as greed and stupidity are legal, litigators will always have work! Seriously though, your proposal will lead to a class action against WotC. It would be reckless and likely [I]extremely[/I] costly, in an environment where [I]treble damages[/I] for punitives is the presumptive rule. It's okay to say "I didn't know that" or "I never considered that" as part of an online discussion. The Olympic Judge from Austria won't deduct marks from your perfect score of 10 for saying so. [/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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