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Ryan Dancey Interview and the OGL
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<blockquote data-quote="EOL" data-source="post: 82970" data-attributes="member: 823"><p>Exactly, I think it's clear that what I was saying is one of the possible legal opinions. Not a vicious attempt at trolling or an attempt to complete ignore intellectual property law.</p><p></p><p></p><p>I think you would probably agree as an attorney that if something is partially true, it would generally end up being the person who threw the most money and resources at the legal battle who ended up prevailing. This is generally not going to be the small publisher.</p><p></p><p>"Most likely wrong" is not completely illegal by any stretch. Does anyone remember Role-Aids back in the 80's or I.C.E. supplying what were essentially D&D stats with their creatures. Obviously these companies thought there was enough legal ambiguity to give it a try. I don't recommend it and I agree that Hasbro would be expected and within their rights to take it to court, but if it was against an opponent with equal or greater resources I don't think they'd be sure of the outcome.</p><p></p><p>That was exactly my point small time companies couldn't handle it. I don't think it means that Hasbro is evil, my point is this, that the whole point is legally ambigious enough that if you didn't want to use the OGL and had legal resources equal to or greater than WoTC/Hasbro it wouldn't be legal suicide to challenge the whole issue in court, and that one of the purposes of the OGL was to make a pre-emptive strike against this happening.</p><p></p><p>"Not necessarily correct" doesn't sound like something I'd like to take it to the bank. It is something of an oversimplfication, but after explaining the whole thing to thing to the chief IP attorney at Parsons, Behle & Latimer that was his legal opinion. I'd have you give him a call, but I'm pretty sure he'd charge me for it.</p><p></p><p>Smothered was a poor choice of words. What I should have rather said is what I said above, "<em>that if you didn't want to use the OGL and had legal resources equal to or greater than WoTC/Hasbro it wouldn't be legal suicide to challenge the whole issue in court</em>.</p><p></p><p></p><p>I kind of hope that you would have since it seems to me that you even though don't 100% agree with my position it is nevertheless a tenable legal position. Not me posting on too little sleep.</p><p></p><p>I am.</p><p></p><p></p><p>My contention is also and you seem to be supporting this with your post. That WoTC is also saying, "We don't have to sue you in an area of intellectual property law which is complex and where not all parties agree, where there's a chance a precedent could be set which would be unfavorable to us.</p></blockquote><p></p>
[QUOTE="EOL, post: 82970, member: 823"] Exactly, I think it's clear that what I was saying is one of the possible legal opinions. Not a vicious attempt at trolling or an attempt to complete ignore intellectual property law. I think you would probably agree as an attorney that if something is partially true, it would generally end up being the person who threw the most money and resources at the legal battle who ended up prevailing. This is generally not going to be the small publisher. "Most likely wrong" is not completely illegal by any stretch. Does anyone remember Role-Aids back in the 80's or I.C.E. supplying what were essentially D&D stats with their creatures. Obviously these companies thought there was enough legal ambiguity to give it a try. I don't recommend it and I agree that Hasbro would be expected and within their rights to take it to court, but if it was against an opponent with equal or greater resources I don't think they'd be sure of the outcome. That was exactly my point small time companies couldn't handle it. I don't think it means that Hasbro is evil, my point is this, that the whole point is legally ambigious enough that if you didn't want to use the OGL and had legal resources equal to or greater than WoTC/Hasbro it wouldn't be legal suicide to challenge the whole issue in court, and that one of the purposes of the OGL was to make a pre-emptive strike against this happening. [b][/b]"Not necessarily correct" doesn't sound like something I'd like to take it to the bank. It is something of an oversimplfication, but after explaining the whole thing to thing to the chief IP attorney at Parsons, Behle & Latimer that was his legal opinion. I'd have you give him a call, but I'm pretty sure he'd charge me for it. Smothered was a poor choice of words. What I should have rather said is what I said above, "[i]that if you didn't want to use the OGL and had legal resources equal to or greater than WoTC/Hasbro it wouldn't be legal suicide to challenge the whole issue in court[/i]. I kind of hope that you would have since it seems to me that you even though don't 100% agree with my position it is nevertheless a tenable legal position. Not me posting on too little sleep. [b][/b]I am. My contention is also and you seem to be supporting this with your post. That WoTC is also saying, "We don't have to sue you in an area of intellectual property law which is complex and where not all parties agree, where there's a chance a precedent could be set which would be unfavorable to us. [/QUOTE]
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