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WotC Unveils Draft of New Open Gaming License
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<blockquote data-quote="LordEntrails" data-source="post: 8909471" data-attributes="member: 6804070"><p>Yea, but if they deauthorize previous versions (if they can), then that clause really doesn't matter right?</p><p></p><p>But it does make them judge, jury and executioner with no recourse if anyone disagree with their unilateral action. So it would seem to give them the power to act unilaterally for any reason since the could claim something is in violation and no other party is allowed to disagree with them.</p><p></p><p></p><p>So I'm not a lawyer and would love to here some educated thoughts on these topics and to address my concerns...</p><p></p><p>So waiving jury is a little concerning. Why do this? If both sides in a legal action agree to it at a later date, they can always forego a jury trial for arbitration or a bench trial. But forcing it now is... concerning after the actions leading up to this point.</p><p>But what is actually more concerning to me is the inability to have class action or joint actions. To my uninformed self, those appear like a means to keep the small guy out of pursuing action. i.e. by myself I could not afford to pursue legal action against them, but if a thousand of us were wronged, we could get together and afford it then. To me, this clause seems to be like a bully trying to protect themselves from being held accountable from picking on the little guy. I get that WotC is trying to protect themselves with this, but it comes across as they are expecting to have legal action brought against them and therefore are trying to stack the deck in their favor. Does not come across as a company engaged in good faith.</p></blockquote><p></p>
[QUOTE="LordEntrails, post: 8909471, member: 6804070"] Yea, but if they deauthorize previous versions (if they can), then that clause really doesn't matter right? But it does make them judge, jury and executioner with no recourse if anyone disagree with their unilateral action. So it would seem to give them the power to act unilaterally for any reason since the could claim something is in violation and no other party is allowed to disagree with them. So I'm not a lawyer and would love to here some educated thoughts on these topics and to address my concerns... So waiving jury is a little concerning. Why do this? If both sides in a legal action agree to it at a later date, they can always forego a jury trial for arbitration or a bench trial. But forcing it now is... concerning after the actions leading up to this point. But what is actually more concerning to me is the inability to have class action or joint actions. To my uninformed self, those appear like a means to keep the small guy out of pursuing action. i.e. by myself I could not afford to pursue legal action against them, but if a thousand of us were wronged, we could get together and afford it then. To me, this clause seems to be like a bully trying to protect themselves from being held accountable from picking on the little guy. I get that WotC is trying to protect themselves with this, but it comes across as they are expecting to have legal action brought against them and therefore are trying to stack the deck in their favor. Does not come across as a company engaged in good faith. [/QUOTE]
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WotC Unveils Draft of New Open Gaming License
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