<<Because the carrot exists a judge will be more likely to let WotC use that stick if legal action happens. Without the OGL, I think a judge might be more likely to listen to a "fair use" argument. With the OGL nobody needs to resort to "fair use" so anyone that tries to do it will look shady and suspicious.
>>
I don't think anything in the OGL per se diminishes the fair use rights of any party not choosing to use the OGL.
There are some reasons why people might want to exercise their fair use rights (compatibility declarations, etc.).
Lee
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