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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="AbdulAlhazred" data-source="post: 8903012" data-attributes="member: 82106"><p>Yes, yes, and one of my very good friends and business associates managed to beat the tar out of Microsoft on a case of this sort, and the guy was some poor old grandpa that just published some CD-ROMs. Of course you can most certainly win, but to win you NOT ONLY must be in the right, and you don't know that until you litigate, but you ALSO are staking a LOT more than the big guy is, he can lose and shrug and go on his way, but you cannot and you have (in terms of publishing an RPG) relatively little at stake to balance against that. So, like it or not, when your opponent has 10 or 100 times your resources, you are MUCH less likely to win in the end.</p><p></p><p>Maybe, you don't know that! Most importantly, when you are the actual person who's entire life and fortune is all on the line, with the alternative being you don't publish a certain game about role playing elves that probably won't even make you a decent living, your thinking suddenly becomes different. Trust me, I have not been in this kind of litigation but I HAVE been in a situation where I learned that how you THINK you will act, and how you WILL act are not exactly the same thing! People settle all the time, or run out of money to pay their lawyer (which in this type of case means you pack up and go home).</p></blockquote><p></p>
[QUOTE="AbdulAlhazred, post: 8903012, member: 82106"] Yes, yes, and one of my very good friends and business associates managed to beat the tar out of Microsoft on a case of this sort, and the guy was some poor old grandpa that just published some CD-ROMs. Of course you can most certainly win, but to win you NOT ONLY must be in the right, and you don't know that until you litigate, but you ALSO are staking a LOT more than the big guy is, he can lose and shrug and go on his way, but you cannot and you have (in terms of publishing an RPG) relatively little at stake to balance against that. So, like it or not, when your opponent has 10 or 100 times your resources, you are MUCH less likely to win in the end. Maybe, you don't know that! Most importantly, when you are the actual person who's entire life and fortune is all on the line, with the alternative being you don't publish a certain game about role playing elves that probably won't even make you a decent living, your thinking suddenly becomes different. Trust me, I have not been in this kind of litigation but I HAVE been in a situation where I learned that how you THINK you will act, and how you WILL act are not exactly the same thing! People settle all the time, or run out of money to pay their lawyer (which in this type of case means you pack up and go home). [/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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