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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="sigfried" data-source="post: 8883706" data-attributes="member: 1798"><p>I think it depends....</p><p>If WOTC is suing you, it doesn't cost you all that much to take it to court. They are the ones that pay the fees to file the lawsuit and submit most of the motions etc... The defendant has to pay for their legal representation and costs like transportation and so forth. If you have cheap representation or choose to represent yourself, it doesn't cost all that much to get the case into court on your side.</p><p></p><p>Most folks that get sued don't want to go to court, and some of the things you might want to do to stop it from happening can indeed cost money, filing various motions and the like if you are happy to carry forward to the trial, not so much. (Obviously, there is a time commitment required and that may well have a big financial opportunity cost.) </p><p></p><p>WOTC has to spend a lot more to sue you than you have to spend to defend yourself, but they also have a much better chance of kicking your ass if you don't have some stellar legal counsel. That said, I'm pretty sure if you were the test case for the whole industry, you could probably find some folks willing to chip in for your defense, enough to get decent counsel for the trial and to make sure you follow the correct steps in the process.</p><p></p><p>I don't think you will find many companies that want to do this, and I don't think WOTC will want to go after some small fry who can afford to say, "naughty word it, my new job is to win this court case and I've got almost nothing to lose here even if they win."</p></blockquote><p></p>
[QUOTE="sigfried, post: 8883706, member: 1798"] I think it depends.... If WOTC is suing you, it doesn't cost you all that much to take it to court. They are the ones that pay the fees to file the lawsuit and submit most of the motions etc... The defendant has to pay for their legal representation and costs like transportation and so forth. If you have cheap representation or choose to represent yourself, it doesn't cost all that much to get the case into court on your side. Most folks that get sued don't want to go to court, and some of the things you might want to do to stop it from happening can indeed cost money, filing various motions and the like if you are happy to carry forward to the trial, not so much. (Obviously, there is a time commitment required and that may well have a big financial opportunity cost.) WOTC has to spend a lot more to sue you than you have to spend to defend yourself, but they also have a much better chance of kicking your ass if you don't have some stellar legal counsel. That said, I'm pretty sure if you were the test case for the whole industry, you could probably find some folks willing to chip in for your defense, enough to get decent counsel for the trial and to make sure you follow the correct steps in the process. I don't think you will find many companies that want to do this, and I don't think WOTC will want to go after some small fry who can afford to say, "naughty word it, my new job is to win this court case and I've got almost nothing to lose here even if they win." [/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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