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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="pemerton" data-source="post: 8899353" data-attributes="member: 42582"><p>So whereas I'm not an expert on IP law, I would regard myself as a bit of an expert in the rule of law literature.</p><p></p><p>A recurring them in some of that literature is "the culture of legality". And the UK is often put forward as an example (so is Australia): that is, that important actors treat the legal constraints on their action as actual constraints. A contrasting view is that set out in this (translated and then paraphrased) Bulgarian proverb: <em>The law is like a gate in an open field - you could pass through it if you wanted to, but only a fool would bother!</em></p><p></p><p>So I would see the allotment owners not only as manifesting the British culture of deference (which I accept is a real thing) but also a bit of a shock at the departure from the culture of legality.</p><p></p><p>In the rule of law literature, the US is also normally held up as a culture-of-legality society. And compared to Bulgaria that is probably true. Even this WotC episode is not a counter-example, in the sense that we've got good reason to think that if the matter went to court the judges wouldn't be bribed, the orders would be issued in a lawful fashion, and WotC would not use extra legal means (eg sending stand-over men to threaten the litigants) in order to circumvent an adverse ruling.</p><p></p><p>But I do think that especially in the US, eand specially among wealthy private actors, there may be the occasional need to litigate in order to remind them of the force of legality!</p></blockquote><p></p>
[QUOTE="pemerton, post: 8899353, member: 42582"] So whereas I'm not an expert on IP law, I would regard myself as a bit of an expert in the rule of law literature. A recurring them in some of that literature is "the culture of legality". And the UK is often put forward as an example (so is Australia): that is, that important actors treat the legal constraints on their action as actual constraints. A contrasting view is that set out in this (translated and then paraphrased) Bulgarian proverb: [i]The law is like a gate in an open field - you could pass through it if you wanted to, but only a fool would bother![/i] So I would see the allotment owners not only as manifesting the British culture of deference (which I accept is a real thing) but also a bit of a shock at the departure from the culture of legality. In the rule of law literature, the US is also normally held up as a culture-of-legality society. And compared to Bulgaria that is probably true. Even this WotC episode is not a counter-example, in the sense that we've got good reason to think that if the matter went to court the judges wouldn't be bribed, the orders would be issued in a lawful fashion, and WotC would not use extra legal means (eg sending stand-over men to threaten the litigants) in order to circumvent an adverse ruling. But I do think that especially in the US, eand specially among wealthy private actors, there may be the occasional need to litigate in order to remind them of the force of legality! [/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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