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General Tabletop Discussion
Publishing Business & Licensing
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="S'mon" data-source="post: 8899312" data-attributes="member: 463"><p>I think it's fair to say that the outcome of cases on <strong>Copyright</strong>, especially non-literal copyright infringe, tends to be unpredictable. I think people who work and teach in the field of copyright would agree to that. I've given a few examples upthread from England, like the <em>Ainsworth</em>, <em>Pally Screen</em>, and<em> Temple Island </em>cases.</p><p></p><p>However, while <strong>Contract</strong> cases can go in unexpected directions, especially where the issues at stake are complex, I don't feel that Contract law has the <strong>inherent </strong>uncertainty you see in Copyright cases. A Contract case might go wonky 8 or 10% of the time - maybe the judge didn't understand the issues, maybe it was argued badly by the lawyers on one side, etc. With Copyright I see cases well argued on both sides, and a perfectly reasonable judgment made, and often it can go either way, no way to predict. I'd guess in the USA with juries involved that must be even more the case.</p></blockquote><p></p>
[QUOTE="S'mon, post: 8899312, member: 463"] I think it's fair to say that the outcome of cases on [B]Copyright[/B], especially non-literal copyright infringe, tends to be unpredictable. I think people who work and teach in the field of copyright would agree to that. I've given a few examples upthread from England, like the [I]Ainsworth[/I], [I]Pally Screen[/I], and[I] Temple Island [/I]cases. However, while [B]Contract[/B] cases can go in unexpected directions, especially where the issues at stake are complex, I don't feel that Contract law has the [B]inherent [/B]uncertainty you see in Copyright cases. A Contract case might go wonky 8 or 10% of the time - maybe the judge didn't understand the issues, maybe it was argued badly by the lawyers on one side, etc. With Copyright I see cases well argued on both sides, and a perfectly reasonable judgment made, and often it can go either way, no way to predict. I'd guess in the USA with juries involved that must be even more the case. [/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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