One quick note: WotC's position as an 800 pound gorrilla is somewhat
overstated. They can bully dozens of companies, but if only one module
publisher calls their bluff and wins at trial (and IMO their legal argument that
all compatible modules are definitionally derivative works is pretty shoddy)
then that negative precedent will send the whole house of cards tumbling down.
The other side needs just one win, and that's a pretty strong incentive for WotC
to settle. In a sense that's what the d20 STL is, a compromise settlement
before the fact.
Chris DeLisle wrote:
> -----Original Message-----
> From: Justin Bacon <[EMAIL PROTECTED]>
> >Doug Meerschaert wrote:
> >
> >> >From: Justin Bacon <[EMAIL PROTECTED]>
> >>
> >> >Unfortunately, I notice that they are now claiming a trademark on the
> term
> >> >"d20
> >> >System" itself. Which is, as you note, almost certainly illegitimate.
> >>
> >> Maybe...
> >>
> >> If you want, try and test it. Find a big pile of money and throw it at a
> >> pack of lawyers to defend the lawsuit WotC throws at you for trademark
> >> infringement and contract violation.
> >>
> >> Or, we can just recognize that WotC is an 800 lbs gorilla, and we can let
> >> them sit where they want on the name of their open content.
> >
> >Ah, yes. The "let the bullies win" theory of life. More power to you, Doug.
> Or,
> >rather, less.
>
> It is a sad truth that we live in a country where people's rights get
> trampled over on a daily basis because of large corporations or other
> organizations who have the money to hire the best lawyers. The little guy
> tends to lose, suffer financial ruin in victory or settle out of court,
> failing to achieve his goal but getting some compensation for his trouble.
>
> Ideologically I agree with Justin, but Doug's statements reflect the reality
> of the matter. I can't imagine that many established companies make enough
> money to challenge WotC on this should it come to trial without risking
> ruin. While I believe that a ruling that "d20 system" could not be
> trademarked would benefit the gaming industry as whole, people are
> ultimately in this business to make money, not out of a sense of altruism.
> Myself, I don't see anyone pushing this point the thee foreseeable future.
>
> Chris
> www.IDrankWhat.org
> www.coincidental.net
> www.prodeath.org (Coming Soon)
>
> -------------
> For more information, please link to www.opengamingfoundation.org
-------------
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