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History Rhymes: Another Gygax Lawsuit
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<blockquote data-quote="Snarf Zagyg" data-source="post: 9707332" data-attributes="member: 7023840"><p>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.</p><p></p><p>Do I think that this complaint has that? Not really.</p><p></p><p>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.</p><p></p><p>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 (<em>Streisand Effect</em>) 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, <u>it was decided to postpone the launch of the Kickstarter.</u>") </p><p></p><p>Really? It was decided? When? Who decided? Why, exactly? Was there ever a really firm launch date? What are the real damages?</p><p></p><p></p><p>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. </p><p></p><p>But instead of reasonable minds coming to a solution, we have this. Like I said, sad.</p></blockquote><p></p>
[QUOTE="Snarf Zagyg, post: 9707332, member: 7023840"] 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 ([I]Streisand Effect[/I]) 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, [U]it was decided to postpone the launch of the Kickstarter.[/U]") 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. [/QUOTE]
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