Z
Zigathon
Guest
You're on Misetings, Nightstalkers?
That post lead me into thinking that you might be.Nightstalkers said:Hey, at least I'm nice about things... I don't go total dillhole on you guys.
So the spoilers that were already shown are unrevealed? I think they probably got what they were after, and so might have won in that sense. But they didn't literally win the suit if it was settled.Spiderman said:If no one releases any spoiler info, I think that means they pretty much won.
That sounds more like what a cease and desist letter is for.Spiderman said:Yes, they didn't win the actual suit. But what is the point of bringing suit in the first place? It's to (try) to force a person or entity to follow a course of action when "just asking" doesn't do it. Since the goal of WOTC is to stop spoiler releases, whether they win a "suit" or not, if no one does it anymore, then their goal has been achieved and they'e "won". The suit is just secondary to the ultimate goal.
Yeah. And they might have sent one, although it wasn't mentioned in the article (probably for a good reason, if they sent one at all). What makes it seem like it was more than this was the bit in the article about how the guy not knowing they weren't fake cards (but were in fact leaked) didn't make a difference from a legal standpoint. Whether to make a point of doing it or because they seriously wanted to be awarded damages, they seem to have sued him for the images he had already revealed, regardless of any intention (or lack thereof) to continue such behavior. So what I see is that WotC sued a guy for less money than they were probably going to spend doing it (or not that much more), and then settled out of court. I doubt they settled because he offered them a great deal of money. They probably just wanted his cooperation (in patching up the leak from their end, so to speak, and in not doing it again). So it looks like the suit was merely a pretense for this (I'm sure it wouldn't be the first time something like that happened). And whether either party intended it or not, it was free advertising for MTGSalvation (any press is good press).Spiderman said:Isn't a Cease & Desist letter a prelude to a suit? In other words, if the party ignores the letter, they get sued?
Yeah, copyright protected images, but images nevertheless.I don't think it was just images, although maybe it was specifically in this case. It was the general principle that images or cards comprised WOTC property that was being revealed unauthorized. That is what they're trying to protect: the property.
Spiderman said:I don't think RE thought he could have won. Hence the settlement... 'cause if he thought he could win, he most likely would have gone to trial...