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<blockquote data-quote="pemerton" data-source="post: 8885764" data-attributes="member: 42582">If WotC thinks they have a weak claim, because the defendant has a strong contract-based defence, it's not obvious to me that it's good to get this going from the outset by seeking an interlocutory injunction, thereby inviting the defendant to make the case about how strong their contractual claim is.Your bit about wanting a speedy trial is exactly what I have in mind.The most obvious reason in principle, for me at least, to commence early is to protect the plaintiff's rights with an interlocutory injunction. But in this scenario, for the reasons I gave above, it's not clear that's a winner for WotC.And it's not like WotC needs a heap of discovery: the factual question of the relationship between the defendant's work and SRD's work is suggested, even if not fully resolved, by the OGL section 15 declaration.I don't want to suggest that litigation is a piece of cake or anything. I'm just curious about delay as a plaintiff-side strategy when the defendant wants to bring on the hearing.</blockquote>

[QUOTE="pemerton, post: 8885764, member: 42582"] If WotC thinks they have a weak claim, because the defendant has a strong contract-based defence, it's not obvious to me that it's good to get this going from the outset by seeking an interlocutory injunction, thereby inviting the defendant to make the case about how strong their contractual claim is. Your bit about wanting a speedy trial is exactly what I have in mind. The most obvious reason in principle, for me at least, to commence early is to protect the plaintiff's rights with an interlocutory injunction. But in this scenario, for the reasons I gave above, it's not clear that's a winner for WotC. And it's not like WotC needs a heap of discovery: the factual question of the relationship between the defendant's work and SRD's work is suggested, even if not fully resolved, by the OGL section 15 declaration. I don't want to suggest that litigation is a piece of cake or anything. I'm just curious about delay as a plaintiff-side strategy when the defendant wants to bring on the hearing. [/QUOTE]

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