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What's All This About The OGL Going Away?
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<blockquote data-quote="Steel_Wind" data-source="post: 8881143" data-attributes="member: 20741"><p>The<em> Rules of Cour</em>t or other <em>Rules of Civil Procedure </em>in most common law jurisdictions recognize that when the interpretation of a contract in issue would impact the rights of another party, that affected non-party has a substantive right to intervene in the action in which it has not been named to be added as an intervening party (this is different than intervening merely on an <em>amicus </em>brief as a friend of the court). In most jurisdictions, intervenor status under those circumstances is a substantive legal right, not a discretionary one that the court may choose to refuse.</p><p></p><p>Were the validity of the OGL -- or the right to shelter under a sub-license based upon a derivative work licensed by the OGL -- to come up in any litigation, it is <strong><em>all but certain</em></strong> that Paizo Inc. would seek to intervene in that litigation if it came to its attention. If that relief to be added as intervenor was requested, it is <strong><em>all but certain</em></strong> that it would be granted by the court as Paizo Inc. would meet every branch of the test to be added as an intervenor (if it wanted to be and made the request.)</p><p></p><p>While it is true that any plaintiff would prefer to pick its opponent and battle on the grounds most favorable to it, in a case involving the validity of the OGL itself, that preference is unlikely to be accommodated by other, better positioned parties without a good reason to do so. Paizo Inc. has too much at stake to likely permit that without a good reason to do so.</p><p></p><p>[Corporate/Commercial litigation is what I do for a living. I've been a practicing lawyer for 28 years now.]</p></blockquote><p></p>
[QUOTE="Steel_Wind, post: 8881143, member: 20741"] The[I] Rules of Cour[/I]t or other [I]Rules of Civil Procedure [/I]in most common law jurisdictions recognize that when the interpretation of a contract in issue would impact the rights of another party, that affected non-party has a substantive right to intervene in the action in which it has not been named to be added as an intervening party (this is different than intervening merely on an [I]amicus [/I]brief as a friend of the court). In most jurisdictions, intervenor status under those circumstances is a substantive legal right, not a discretionary one that the court may choose to refuse. Were the validity of the OGL -- or the right to shelter under a sub-license based upon a derivative work licensed by the OGL -- to come up in any litigation, it is [B][I]all but certain[/I][/B] that Paizo Inc. would seek to intervene in that litigation if it came to its attention. If that relief to be added as intervenor was requested, it is [B][I]all but certain[/I][/B] that it would be granted by the court as Paizo Inc. would meet every branch of the test to be added as an intervenor (if it wanted to be and made the request.) While it is true that any plaintiff would prefer to pick its opponent and battle on the grounds most favorable to it, in a case involving the validity of the OGL itself, that preference is unlikely to be accommodated by other, better positioned parties without a good reason to do so. Paizo Inc. has too much at stake to likely permit that without a good reason to do so. [Corporate/Commercial litigation is what I do for a living. I've been a practicing lawyer for 28 years now.] [/QUOTE]
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