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Date: 2008-03-13 05:31 pm (UTC)
Not a lawyer and all that, but yeah. It's like they always say about Fair Use—it's not a "right," as in you have the ability to do it without challenge. It's a defense, so you have the ability to say, "Hey, Fair Use," when you are challenged, and the court has to decide if it is or not.

There's no way to know unless someone sues OSRIC's writers—and even then, they would have to have the backing/money to put up a legal defense (against one of the megaconglomerates of the toy/game industry, I might add) rather than just quietly folding. Does that seem likely?
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