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<blockquote data-quote="Snarf Zagyg" data-source="post: 9489835" data-attributes="member: 7023840"><p>Some brief notes-</p><p></p><p>As someone who has negotiated and drafted a lot of settlements, I can offer a few thoughts. Of course, I have no more actual knowledge than anyone else.</p><p></p><p>Let's start with a basic principle- corporations are likely to settle without trying to extract every ounce of blood. Why? Two main reasons.</p><p>A. The company spends a lot more litigating this than the individual. A team of BigLaw Attorneys and their winged howler monkeys costs a lot of money to deploy. It's not just about getting money in the future (especially if you're litigating against an individual, not an asset-rich corporation), it's about stopping your costs now.</p><p>B. Certainty has a much higher value for corporations. Judges and juries can be unpredictable. Even the most BS claims can sometimes succeed. Even if LaNasa's claims are total BS, there is still some weird 1% world where the planets align and somehow some of WoTC's IP is thrown into doubt. Settle and remove the 1%.</p><p></p><p>From there, I would posit the following:</p><p></p><p>1. WoTC has all the leverage right now. </p><p>2. I assume that the settlement made it clear that LaNasa (and when I use his name, I mean all affiliated corporate entities) would have to disclaim any rights, abilities, or use of any of WoTC's marks, and transfer same to the extent that they registered them. And cease holding themselves out etc. There may be additional terms specifically related to the museum, but only to running it as a D&D museum, etc. Which is why it is being sold. </p><p>3. There is probably additional boilerplate (confidentiality, non-disparagement).</p><p>4. Unfortunately, I doubt that LaNasa is paying for this. It's probably just a "every one walks away and pays their own attorney's fees." If there is any payment from LaNasa to WoTC, it will certainly be nominal, and not anything compared to the money spent already litigating this.</p><p></p><p>Finally, I don't think any settlement prohibiting LaNasa from ever doing anything in the TTRPG sphere is likely. I do believe that the terms (drafted by WoTC's counsel) will be bulletproof as far as LaNasa ever trying to bootstrap TSR or WoTC's name or IP for his benefit.</p><p></p><p>Again, just my thoughts.</p></blockquote><p></p>
[QUOTE="Snarf Zagyg, post: 9489835, member: 7023840"] Some brief notes- As someone who has negotiated and drafted a lot of settlements, I can offer a few thoughts. Of course, I have no more actual knowledge than anyone else. Let's start with a basic principle- corporations are likely to settle without trying to extract every ounce of blood. Why? Two main reasons. A. The company spends a lot more litigating this than the individual. A team of BigLaw Attorneys and their winged howler monkeys costs a lot of money to deploy. It's not just about getting money in the future (especially if you're litigating against an individual, not an asset-rich corporation), it's about stopping your costs now. B. Certainty has a much higher value for corporations. Judges and juries can be unpredictable. Even the most BS claims can sometimes succeed. Even if LaNasa's claims are total BS, there is still some weird 1% world where the planets align and somehow some of WoTC's IP is thrown into doubt. Settle and remove the 1%. From there, I would posit the following: 1. WoTC has all the leverage right now. 2. I assume that the settlement made it clear that LaNasa (and when I use his name, I mean all affiliated corporate entities) would have to disclaim any rights, abilities, or use of any of WoTC's marks, and transfer same to the extent that they registered them. And cease holding themselves out etc. There may be additional terms specifically related to the museum, but only to running it as a D&D museum, etc. Which is why it is being sold. 3. There is probably additional boilerplate (confidentiality, non-disparagement). 4. Unfortunately, I doubt that LaNasa is paying for this. It's probably just a "every one walks away and pays their own attorney's fees." If there is any payment from LaNasa to WoTC, it will certainly be nominal, and not anything compared to the money spent already litigating this. Finally, I don't think any settlement prohibiting LaNasa from ever doing anything in the TTRPG sphere is likely. I do believe that the terms (drafted by WoTC's counsel) will be bulletproof as far as LaNasa ever trying to bootstrap TSR or WoTC's name or IP for his benefit. Again, just my thoughts. [/QUOTE]
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