Thats what I thought. But, its possible the defendent module publisher may have never heard of D&D, he just has a copy of OSRIC. What then, OSRIC is legal (until found in violation and ruled against). So, how is that individual breaking the law.
If company A and company B both claim copywrite of x, (and lets assume Company A thinks company B copied x from them but has never done anything about it over a period of many years) and then Company B gives Company C rights to use x, can Company A go after Company C (even though Company A never legally contested Company B's claim of ownership of x).
Wouldn't most judges say "hey buddy, Company C didn't do anything wrong, Company A has just as much ownership rights of "x" as you do. You need to go after Company B first and prove they don't have the right to give Company C x. At least, that seems like the only logical path.
Your reproduction of a painting analogy also seems off. As a module isn't a game system.
If company A and company B both claim copywrite of x, (and lets assume Company A thinks company B copied x from them but has never done anything about it over a period of many years) and then Company B gives Company C rights to use x, can Company A go after Company C (even though Company A never legally contested Company B's claim of ownership of x).
Wouldn't most judges say "hey buddy, Company C didn't do anything wrong, Company A has just as much ownership rights of "x" as you do. You need to go after Company B first and prove they don't have the right to give Company C x. At least, that seems like the only logical path.
Your reproduction of a painting analogy also seems off. As a module isn't a game system.