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<blockquote data-quote="Steel_Wind" data-source="post: 8888867" data-attributes="member: 20741">Respectfully, this is not the way it works in our legal system.It isn't the third party who have to put their &quot;claims&quot; to the test. A 3pp just goes and does what it wants to do, relying on the OGL 1.0a. It is incumbent on WotC to take the other guy to court and try to obtain an injunction. The little guy doesn't have to prove jack.Because of: the nature of the OGL 1.0a; WotC's own claims about 1.0a on its own website; evidence from its past corporate officers; and, the evidence of what WotC did and didn't do with PF1 (and what happened thereafter); WotC is quite unlikely to be able to win an injunction motion. It simply can't meet this three-part legal test:<ul>
<li data-xf-list-type="ul">It can't prove it has a strong prima facie case (though it might prove there is a serious question to be tried);</li>
<li data-xf-list-type="ul">It can't prove irreparable harm (the fallout from Pathfinder 1 demonstrates that); and,</li>
<li data-xf-list-type="ul">the balance of convenience is clearly against granting the injunction. The whole industry has operated under the validity of the OGL 1.0a for 23 years.</li>
</ul>WotC must prove every one of those parts of the test. Fail even one of them? They lose the injunction motion.WotC is not winning any injunction, imo.So then WotC is in it for the long haul; it's a long lawsuit and appeals where the systemic delays in the legal system all accrue to the benefit of the defendant - and the prejudice of WotC. WotC won't get its way. We'll be half way to 7th edition before that first lawsuit is ever resolved. And to be clear, I expect WotC will probably lose.The only thing WotC is &quot;banking on&quot; is that, come what may, the D&amp;D brand will survive any setback in the short to medium term - including WotC's mismanagement - to ultimately prevail. D&amp;D is &quot;top of mind&quot; in RPGs and everybody has heard of it. That's what WotC has going for them. Everything else is secondary to that.</blockquote>

[QUOTE="Steel_Wind, post: 8888867, member: 20741"] Respectfully, this is not the way it works in our legal system. It isn't the third party who have to put their "claims" to the test. A 3pp just goes and does what it wants to do, relying on the OGL 1.0a. It is incumbent on WotC to take the other guy to court and try to obtain an injunction. The little guy doesn't have to prove [I]jack.[/I] Because of: the nature of the OGL 1.0a; WotC's own claims about 1.0a on its own website; evidence from its past corporate officers; and, the evidence of what WotC did and didn't do with PF1 (and what happened thereafter); WotC is [I]quite unlikely[/I] to be able to win an injunction motion. It simply can't meet this three-part legal test: [LIST] [*]It can't prove it has a strong [I]prima facie[/I] case (though it might prove there is a serious question to be tried); [*]It can't prove [I]irreparable harm[/I] (the fallout from Pathfinder 1 demonstrates that); and, [*]the balance of convenience is [I]clearly[/I] against granting the injunction. The whole industry has operated under the validity of the OGL 1.0a [B][I]for 23 years.[/I][/B] [/LIST] WotC must prove every one of those parts of the test. Fail even one of them? They lose the injunction motion. WotC is not winning any injunction, imo. So then WotC is in it for the long haul; it's a long lawsuit and appeals where the systemic delays in the legal system all accrue to the benefit of the defendant - and the prejudice of WotC. WotC won't get its way. We'll be half way to 7th edition before that first lawsuit is ever resolved. And to be clear, I expect WotC will [I]probably[/I] lose. The only thing WotC is "banking on" is that, come what may, the D&D brand will survive any setback in the short to medium term - including WotC's mismanagement - to ultimately prevail. D&D is "top of mind" in RPGs and everybody has heard of it. That's what WotC has going for them. Everything else is secondary to that. [/QUOTE]

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