@icedquinn the problem is that you sign up for the license, so you agree to their terms. it's like how some businesses now are requiring their employees to not take them to court and go to mediation instead with a mediator appointed by them. it's pretty disgusting.

not like you'd want to sue WotC/Hasbro anyway, even if you won you'd be up to your ass in lawyer fees for the rest of your life.

@beardalaxy i'm sorta on mediators.

but yeah i'd never sign anything this asymmetric.

@icedquinn mediators are good if they are a total third party. but if they're selected by the people you have an issue with then there is a huge potential for bias.

@beardalaxy yea i'm aware. there's been bitching about the moral hazard for mediators to side with companies because that's how they get paid.

i don't know that US courts are any better because it's a massive die roll if your judge is woke or if he's just a classical retarded judiciary.

@beardalaxy when i'm being disparaging to the judge i mean specifically retardation of the Amazon v Parler where they deem a "permanent suspension" somehow is materially different from "termination" because that would have put Amazon in breach and there was a penalty-on-termination clause the judge bailed them out of.

only a judge could be that level of idiotic to straight face that kind of thing.

@icedquinn it's not just about the judge, it's about the jury too. with a mediator it's just one person paid specifically by the people you take issue with, but at least with a jury you have a group of people that are specifically selected to have no stake in the matter, and they all have to come to an agreement by debating with each other.

@beardalaxy you don't always get a jury

@beardalaxy ex. in election cases like kari lake the judge will just bail the defendant out wholesale by dismissing all the charges or pigeon holing them to the point they can't be proven and then dismissing them and you'll never make it to jury selection

@beardalaxy vic micnogna's defamation case had a similar treatment where the texas judge was a classical retard and ran the entire anti slapp portion as a bench trial even though the texas law *specifically says all deference goes to the plantiff* because the anti-slapp is a screening hearing and he was like i'll just run the whole fucking trial by myself i guess

@icedquinn yeah for sure, i'd rather roll the dice on a judge than have to battle with a "mediator" chosen by whoever i'm suing lmao.

@icedquinn but that's neither here nor there, with the new OGL you aren't allowed to sue WotC PERIOD because you're supposed to know what you're getting into lol.

@beardalaxy yea they can write that but it doesn't actually make it legal

@beardalaxy there is a doctrine called "consideration" which means the court looks at the contract to determine if the parties are actually performing an exchange and if the court deems the contract to be absurdly unfair they can strike it or those clauses.

this is why people get paid token 1$. it's actually not legal to have a contract that says "i get all your shit and you get nothing."

@beardalaxy but yes you shouldn't sign it because the contract is stupid. i'm just saying they can write dumb bullshit on paper and courts have been dealing with that for decades.

@icedquinn and people could sue them if it in fact was not legal, but then they're fighting a pointless battle imo instead of just dropping D&D altogether and going to a different game. or in the case of something like Pathfinder which uses the OGL currently, just update your rules to no longer include any D&D content. which they're going to do anyway, because they don't want WotC using any of their own material and they don't want a huge chunk of their gross revenue to be taken by WotC either.

@icedquinn whoever sues fucking hasbro is doing it as a martyr xD

@icedquinn the shitty thing is that they can take your content and sell it even if you make it free and there is nothing you have to sign for that. you agree to the non-commercial license just by making the content in the first place.

this is going to kill d&d for everyone but the pure normies. not even the trannies are cool with this because it is peak capitalism.