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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="Myrdin Potter" data-source="post: 8884756" data-attributes="member: 6843593"><p>There is a certain amount of hyperbole about the ability to go completely nuclear in this type of lawsuit. Federal lawsuits do not allow you to blindly select a location. Usually there needs to be a nexus and a reason. So many 3PP are in the greater Seattle area as is WoTC that any defense lawyer worth paying can easily fight that.</p><p></p><p>WoTC is actually much more vulnerable to discovery and discovery costs that the average 3PP. What exactly is there to discover? About the only damaging thing would be some internal document saying that they well understood that the license was at the whim of WoTC or something.</p><p></p><p>I also think that there is too much reliance on game mechanics not being able to be copyrighted. The bare mechanics, yes. The expression of the mechanics? That I would have to see case law examples, especially for RPG which are different than a more simple board game.</p><p></p><p>WoTC certainly can make the defense somewhat expensive but it is more the cloud over the product and the ability to sell it while defending it that I see is the main threat. Start a slow burn of cash on defense and stop replacement cash via revenue. Even a short term hurting of overall 5e revenue will hit 3PP.</p><p></p><p>I also can easily place myself in their shoes and see why Hasbro might think this is a sound business decision.</p><p></p><p>Monday is the start of the workweek so I guess we might see something more there.</p></blockquote><p></p>
[QUOTE="Myrdin Potter, post: 8884756, member: 6843593"] There is a certain amount of hyperbole about the ability to go completely nuclear in this type of lawsuit. Federal lawsuits do not allow you to blindly select a location. Usually there needs to be a nexus and a reason. So many 3PP are in the greater Seattle area as is WoTC that any defense lawyer worth paying can easily fight that. WoTC is actually much more vulnerable to discovery and discovery costs that the average 3PP. What exactly is there to discover? About the only damaging thing would be some internal document saying that they well understood that the license was at the whim of WoTC or something. I also think that there is too much reliance on game mechanics not being able to be copyrighted. The bare mechanics, yes. The expression of the mechanics? That I would have to see case law examples, especially for RPG which are different than a more simple board game. WoTC certainly can make the defense somewhat expensive but it is more the cloud over the product and the ability to sell it while defending it that I see is the main threat. Start a slow burn of cash on defense and stop replacement cash via revenue. Even a short term hurting of overall 5e revenue will hit 3PP. I also can easily place myself in their shoes and see why Hasbro might think this is a sound business decision. Monday is the start of the workweek so I guess we might see something more there. [/QUOTE]
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Community
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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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