1994: My “day in court”

Some days I felt like my association with GDW would never cease despite being fired at the end of 1992. OK, the negative parts had an albatross vibe. Continuing to have the friendship of Lester, Steve (aka Stvee) and Lazz was always great. By now they were either at TSR or FASA having better careers than me. Jealous? Sure but not via schadenfreude (I love that word, how I wish English had an equivalent); I didn’t want them to fail, I only wished to be doing as well as they were. Working alongside them again would’ve been even better.

While I was there, working on Gygax’s comeback, TSR filed a lawsuit against GDW, Gygax and probably anyone else entwined in the Mythus debacle. The crux of it was a copyright infringement stating that Mythus was a derivative work of D&D. Seems ridiculous because this would encompass every publisher of a fantasy-based role-playing game: RoleMaster, GURPS Fantasy, Runequest, Stormbringer, etc. Actually, it was more specific. TSR’s argument claimed Mythus had materials Gygax wrote while he was still employed there. Thus, TSR owned the work and all the defendants were publishing it without permission. It’s similar to the Disney versus Tim Burton matter involving The Nightmare Before Christmas before they wised up, compromised and made a great movie.

How valid TSR’s lawsuit was, I will never know nor do I care. The rumor going around was they only had to prove Mythus was at least one percent derived from D&D. I am curious though if the parties involved ever agreed on the definition of “one percent.” Did it entail only the core rulebook? How many pages made one percent? How many words per page? The last term would’ve definitely been messy since TSR’s products were 700-800 while GDW crammed 1100 on average.

While I was on the dole, Stvee helped keep me alive by taking me to lunch in exchange for keeping the Mac in the art department running. He knew it still smarted coming into GDW and having to interact with the alcoholic who was the main instigator of my dismissal. Yet once I had temp work through Chief City Graphics, I thought the extrication process from GDW began and the dying game publisher was on its way to being in my past. Then I received a panicked phone call from my grandmother in September while I was at work. Grandpa received a summons or something. After further research, it was TSR’s law firm requesting me for a deposition on the mess. There was a day wasted answering questions while having Frank Chadwick sit across the table from me for intimidation purposes; he didn’t show up at the others. He probably sighed relief over the lack of anything damning out of my mouth since I really wanted the whole GDW time behind me which probably impaired my memory. Then again, the lawyers had to ask the right questions, I don’t think you can volunteer information.

The mess went to trial mainly out of GDW’s (aka Frank) stubbornness and again, I was pulled into it on this day 15 years ago. I’m sure the trial started earlier in the week or month, Thursday was probably my day to take the witness stand. By now I was unconcerned because I would be in Austin in a week. As I joked, if TSR wanted any more of my involvement, it was going to be expensive and they’d have to find me.

I spent the bulk of the morning waiting in the lobby until one side or another needed me. It’s all a blur because I only remember it being over quickly and the judge was a dick. I don’t recall what was asked, what my replies were and if I was cross examined. The reality of court is utterly dull. I think I had Austin’s warmer weather on the brain so much, I already tuned out.

Free to go, I rushed to my credit union for traveler’s checks and home to finish packing. No one contacted me further about it. Stvee let me know weeks later how it shook out: TSR and GDW settled. I think Frank had finally given up on Mythus because all the money was gone; just as I said in my parting shot, Gary (Gygax) ripped him off.

Jan. 28, 2009 Update: This story was late and was backdated due to the freezing rain in the Austin area.

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