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Hypothetical: I ignore OGL 1.x
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<blockquote data-quote="pemerton" data-source="post: 8896861" data-attributes="member: 42582"><p>I don't think this makes much sense. I don't see what the argument is that WotC can selectively suspend elements of their licence agreement with the (hypothetical) Reynard.</p><p></p><p>I don't think I follow. WotC's claim is that (hypothetical) Reynard is infringing their copyright. Reynard's defence is that to the extent that his work infringes WotC's copyright, they have licensed that via the OGL.</p><p></p><p>If the contractual defence succeeds, the copyright claim does not proceed. If the contractual defence fails, then I think Reynard would settle rather than try and defend a very complex IP matter; but if for whatever reason chooses to proceed, the copyright case gets argued and resolved. There may be practical questions here, about when the settlement negotiations take place relative to the leading of evidence, etc; or whether the parties can agree to try the contract issue only, on the basis that (hypothetical) Reynard concedes the copyright issue and has a conditional settlement with WotC on that point. This is where a lawyer who knows how to run litigation becomes important!</p><p></p><p>In any event, I don't see how the nature of the copyright claim varies depending on what happens in the contractual argument. (Subject of course to [USER=463]@S'mon[/USER]'s fair point that this is all highly speculative.)</p></blockquote><p></p>
[QUOTE="pemerton, post: 8896861, member: 42582"] I don't think this makes much sense. I don't see what the argument is that WotC can selectively suspend elements of their licence agreement with the (hypothetical) Reynard. I don't think I follow. WotC's claim is that (hypothetical) Reynard is infringing their copyright. Reynard's defence is that to the extent that his work infringes WotC's copyright, they have licensed that via the OGL. If the contractual defence succeeds, the copyright claim does not proceed. If the contractual defence fails, then I think Reynard would settle rather than try and defend a very complex IP matter; but if for whatever reason chooses to proceed, the copyright case gets argued and resolved. There may be practical questions here, about when the settlement negotiations take place relative to the leading of evidence, etc; or whether the parties can agree to try the contract issue only, on the basis that (hypothetical) Reynard concedes the copyright issue and has a conditional settlement with WotC on that point. This is where a lawyer who knows how to run litigation becomes important! In any event, I don't see how the nature of the copyright claim varies depending on what happens in the contractual argument. (Subject of course to [USER=463]@S'mon[/USER]'s fair point that this is all highly speculative.) [/QUOTE]
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