Orcus said:You wanna go that route? Feel free...
That was the whole reason for the OGL and the "safe harbor."
As you can see, Mayfair weathered that storm just fine and is here with us today...oh wait. Death by litigation.(yes, not 100% true, but you dont want those legal bills, believe me).
Which, actually, brings me back to a point I made some pages back. We are currently complaining about the poison pill of giving up our right to do more 4E stuff if we go back to the OGL. But there was a perhaps less hotly contested poison pill in the original d20 STL/Guide--that we not contest Wizards' ownership of certain things. Under original copyright law, analyzed outside of teh OGL, their claim of ownership was tenuous, but credible enough that the risk of a lawsuit was real. Many of the legally minded folks balked at having to swallow that poison pill too.![]()
Hi Clark - remember that TSR nailed Mayfair for breach of contract, not for copyright infringement. Both the OGL and GSL are contractual documents.
It's much easier to win a breach of contract case than a non-literal copyright case. Now, the OGL gave enough in return for what it took ("Product Identity"/no dispute) that it seemed a pretty good deal overall, but it looks like the GSL terms will be much more favourable to WoTC. And they may give much stronger grounds for a lawsuit vs 3pps than copyright law would.