Scary Lawyers are the reason these things never will enter the court. Hasbro probably fired the majority of their attorney staff along with everyone else but as long as everyone thinks there is this big scary law firm ready to litigate at the slightest whiff of copyright infringement they can get by with a couple of interns skilled at writing nasty cease and desist letters.
David Chart wrote
Everyone agrees that WotC *could* have opened "Dungeon Master". The argument is over whether, by including it in an official release under the OGL, they actually have, or whether such inclusion does not actually imply that the content so released has been opened.
(And, incidentally, I think you would have to be a certifiable idiot to use the term in a book published under the OGL and/or d20 STL. It might be arguable in court, but you would have to do that, and WotC has Bigger Scarier Lawyers, and frankly it's not worth the bother.)
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