> From: [EMAIL PROTECTED] > [mailto:[EMAIL PROTECTED]]On Behalf Of Russ Taylor > Sent: Tuesday, January 15, 2002 1:11 AM > To: [EMAIL PROTECTED] > Subject: RE: [Ogf-l] Do divergent creature illustrations hurt or help > D&D? > > > According to an IP lawyer I've talked to, however, knowing of an > infringement can cause problems with recouping damages (from hypothetical > "lost sales") if the infringing work is ignored for a long period. > Something to do with being a "trap" to skim more money from the infringer.
Fair enough. If the law DOESN'T work that way, it ought to. But I think that Ryan's saying that Wizards may completely overlook certain violations as being beneath their threshold of interest. If Wizards thought there was sufficient money to be made in "guides to hobgoblins", they'd be doing them. They're ignoring this one as being inconsequential, and possibly even beneficial. I predict that any book that hits the shelves and doesn't get a notice from Wizards in the first couple of months will never draw a notice. That time frame might be shorter or longer, but it's probably measured in months. Usually the products have to go through pre-solicitation through distributors and such, so Wizards will know about them before release. It won't take Wizards long to decide if they care. Conversely, there's the hypothetical McFarland Toys example Ryan cited. As soon as images of those hit the distributor catalogs (again, hypothetically), Wizards would pay attention. If Wizards saw money in those toys, I doubt they would ignore them for a long period. (If they felt their case was strong, they might hope for an injunction before the toys were even released.) Martin L. Shoemaker Martin L. Shoemaker Consulting, Software Design and UML Training [EMAIL PROTECTED] http://www.MartinLShoemaker.com http://www.UMLBootCamp.com _______________________________________________ Ogf-l mailing list [EMAIL PROTECTED] http://mail.opengamingfoundation.org/mailman/listinfo/ogf-l
