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<blockquote data-quote="Mark" data-source="post: 1026243" data-attributes="member: 5"><p>Full circle, Ben. <img src="https://cdn.jsdelivr.net/joypixels/assets/8.0/png/unicode/64/1f600.png" class="smilie smilie--emoji" loading="lazy" width="64" height="64" alt=":D" title="Big grin :D" data-smilie="8"data-shortname=":D" /> You're probably not going to like this but...</p><p></p><p></p><p></p><p>So, yes, it will probably work.</p><p></p><p>I do not know of anyone who wishes to continue to use the d20 logo and d20 System License who is both in a position to (successfully or not) challenge their stance and also of a mind to do so. Perhaps there is, but it seems somewhat defeatist.</p><p></p><p>What does it ultimately gain anyone to challenge their stance? </p><p></p><p>Challenge and lose and you potentially cripple your own name and your own brand in a rather small and incestuous (figuratively speaking, of course) d20 community made up mostly of small publishing companies and one giant corporation. Challenge and win and and the same side effects are likely even if you achieve a short term gain. If a successful challenge is made and the "d20" brand is diluted due to everyone and anyone being able to plaster it on anything they wish, everyone loses in the long run. I do not see the upside to challenging their wishes in this case.</p><p></p><p>Further, "Breach and Cure" doesn't seem to make any contractual provisions for challenges in regards to the timeframe. Trials (and even arbitration, if that were the venue) can be long and costly. In the meantime, while someone challenges and the thirty days passes, do they lose their right to use the d20 logo, the d20 System License, and the OGL should it be deemed they are in continued breach of contract? Are they only in breach if they lose the challenge? Could someone successfully challenge and yet still find themselves unable to use the "official" trappings, left then only with the right through their successful challenge to use the simple character "d20"? At what point does Hasbro/WotC decide they do not wish to continue making the d20 logo and d20 System License available because it becomes too burdensome to fight such battles?</p><p></p><p>Now, it might be that there are other companies outside of the d20 community that have some interest in not allowing the continued pressing of WotC to lay claim to "d20" as a trademark. If there is a quarter from where a challenge might come, I would suspect it from there. They have less to lose, win or lose, aside from their money and time, since they are not likely to have interest in the logo or licensing but merely keeping available the simple demarkation of "d20" itself. I have to wonder, though, how important keeping the simple characters "d20" might be to anyone.</p><p></p><p></p><p></p><p>The chance that it might be the last time that someone uses the logo or either license at all, perhaps?</p><p></p><p></p><p></p><p>"More importantly", how? It might be more important theoretically, but I do not think it is more important in circumstance or practice due to the various points I have previously made.</p><p></p><p>btw, I didn't change my non-lawyer status between the beginning of this thread and the present time, should it be a question in your mind... <img src="https://cdn.jsdelivr.net/joypixels/assets/8.0/png/unicode/64/1f642.png" class="smilie smilie--emoji" loading="lazy" width="64" height="64" alt=":)" title="Smile :)" data-smilie="1"data-shortname=":)" /></p></blockquote><p></p>
[QUOTE="Mark, post: 1026243, member: 5"] Full circle, Ben. :D You're probably not going to like this but... So, yes, it will probably work. I do not know of anyone who wishes to continue to use the d20 logo and d20 System License who is both in a position to (successfully or not) challenge their stance and also of a mind to do so. Perhaps there is, but it seems somewhat defeatist. What does it ultimately gain anyone to challenge their stance? Challenge and lose and you potentially cripple your own name and your own brand in a rather small and incestuous (figuratively speaking, of course) d20 community made up mostly of small publishing companies and one giant corporation. Challenge and win and and the same side effects are likely even if you achieve a short term gain. If a successful challenge is made and the "d20" brand is diluted due to everyone and anyone being able to plaster it on anything they wish, everyone loses in the long run. I do not see the upside to challenging their wishes in this case. Further, "Breach and Cure" doesn't seem to make any contractual provisions for challenges in regards to the timeframe. Trials (and even arbitration, if that were the venue) can be long and costly. In the meantime, while someone challenges and the thirty days passes, do they lose their right to use the d20 logo, the d20 System License, and the OGL should it be deemed they are in continued breach of contract? Are they only in breach if they lose the challenge? Could someone successfully challenge and yet still find themselves unable to use the "official" trappings, left then only with the right through their successful challenge to use the simple character "d20"? At what point does Hasbro/WotC decide they do not wish to continue making the d20 logo and d20 System License available because it becomes too burdensome to fight such battles? Now, it might be that there are other companies outside of the d20 community that have some interest in not allowing the continued pressing of WotC to lay claim to "d20" as a trademark. If there is a quarter from where a challenge might come, I would suspect it from there. They have less to lose, win or lose, aside from their money and time, since they are not likely to have interest in the logo or licensing but merely keeping available the simple demarkation of "d20" itself. I have to wonder, though, how important keeping the simple characters "d20" might be to anyone. The chance that it might be the last time that someone uses the logo or either license at all, perhaps? "More importantly", how? It might be more important theoretically, but I do not think it is more important in circumstance or practice due to the various points I have previously made. btw, I didn't change my non-lawyer status between the beginning of this thread and the present time, should it be a question in your mind... :) [/QUOTE]
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