History Rhymes: Another Gygax Lawsuit

[Koloth]

So, I apologize if I gave the wrong impression. I try to use words carefully, and sometimes I am ... very careful. Do I think it would be possible to plead a plausible defamation claim that could survive a motion to dismiss based on what is there? Yes.

Do I think that this complaint has that? Not really.

Am I going to explain it further? This is the internet, and given anyone can read what I write, I would not want someone to read an idea that I have and use it to prolong litigation in case I might offer something helpful.

Does it matter? Even assuming a plausible (not a winning, but a plausible) defamation claim is pled, the issue that immediately comes up is ... where is the causation with damages (proximate cause)? The statement was up for less than a day. It's probably going to get a lot more publicity (Streisand Effect) from the lawsuit than it ever did from being briefly posted on facebook - I mean, I try to keep up with the TTRPG hobby and had never heard anything about it. There's the weird use of passive voice in a key allegation ("Due to Luke’s post and how his dishonesty negatively impacted Chris Clark’s reputation and put into question the integrity of the third installment of Castle Wolfmoon, it was decided to postpone the launch of the Kickstarter.")

Really? It was decided? When? Who decided? Why, exactly? Was there ever a really firm launch date? What are the real damages?


If I had to peak behind the scenes based on the allegations, I would guess that the real issue is pretty simple. The Gygax family didn't want Gary's name listed first, since he wasn't the "author" (Chris was). And ... I think we all know that having Gary's name as the first one probably was important for marketing if you know what I mean.

But instead of reasonable minds coming to a solution, we have this. Like I said, sad.

None of my comment is directed at your write up. I think that is very informative and well done. I was expressing my opinion that the FB post isn't defamation and why. If I was on the jury, my vote would be no defamation. As for Causes of Action A, B and C, I would have to see more evidence to form an opinion and I am not really that motivated to do the research.

 

[RealAlHazred]

That module (which I agree is really terrible module) has nothing to do with Gygax. It was a parody of Castle Greyhawk and it was published several years after Gary had left TSR.

That module sucks, and luckily has nothing to do with Gary Gygax's writing or vision.

I know all of that. (...Now... I did not, then.)

But apparently it will have as much to do with Gary Gygax as the module under discussion, so... Still not a great motivator to buy it.

 

[Benjamin Olson]

Per Wikipedia his given first name is actually Lucion, not Lucian, so that possibly tells you something about the care with which this lawsuit (which does read as being against "Lucian") was prepared.

I bring it up mostly because, holy heck does he have an awesome villain name for a Sci-Fi or Fantasy property. A character named "Lucion Gygax" really has to be a dark wizard or space emperor.

 

[Dannyalcatraz]

I think something similar is true in the TTRPG world-
Why are the fallouts about money and reputation in the TTRPG world so vicious? Because there is no money or reputation in the TTRPG world.

Mediation takes a cross-disciplinary approach to solving disputes, utilizing mostly understanding of the law and applied psychology/therapy techniques to end conflicts. Trained mediators learn how do defuse disagreements and direct acrimony into positive advice to (hopefully) help the participants reach an agreement.

While the techniques taught are poweful, they’re not a panacea. The instructors inevitably see their students contemplating how they’re going to use their new set of “Jedi Mind Tricks” to win arguments in their personal lives…and shut it down ASAP.

Because the more familiar with each other the parties are, the less effective mediation techniques will be. There’s an established history in the relationship, and all involved are at least partially aware of pushable buttons & closets full of skeletons. And depending on the relationship, the stakes and the perceived offenses, people will actively consider using them. And that can turn a small squabble into an argument covering decades of incidents…some of which might not involve anyone living.

The point: In a smallish industry like RPGs, almost everyone notable knows each other personally or by reputation. Like family or close friends, there’s enough familiarity to affect how quickly and massively something might escalate.

IOW, it’s just a few steps from “Dude, I don’t wanna do this project right now because it might cause problems for this other project.” to “I’m suing you and your intrinsically evil family to 7 generations!”

 

[haakon1]

Two BRILLIANT opinions, one meh:

1) Castle Wolfmon sounds like Castle Wolfenstein

2) Snarf is always right

3) Anyone involved in a lawsuit about RPG’s who doesn’t have Snarf as their attorney is a fool of a client.

 

[Dannyalcatraz]

Castle Wolfmon sounds like Castle Wolfenstein

Except one is Germanic and one is Jamaican

 

[MGibster]

Except one is Germanic and one is Jamaican

Oh, mi! A Jamacian werewolf. A uu eva ier bout soch a ting?