Author
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Topic: Onslaught Fetches
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Zeckk Member
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posted February 06, 2013 06:07 PM
  
quote: Originally posted by bushe: The problem with them just breaking it without fear of repercussion lies in the type of case. The company made a promise and would then break that promise. This is just like if they make false statements in advertisements without a disclaimer, it falls under the Deceptive Trade Practices Act. The reason this is a problem is that it is fairly easy to prove and it also comes with a very big punishment. A successful DTPA claim will net the plaintiff (whoever sued WOTC) triple damages + lawyer fees. This means that if you are out $10k you get paid $30k plus however much your lawyer charges ($250/hour++). It also means that there is relatively little downside to bringing a DTPA suit because if there has been a successful one lawyers will take it on consignment(for free from you) knowing they will get paid at the end. So on something like that potentially every player who currently has dual lands could file suit and get triple the value that they lost along with legal fees. You can see how that could get very expensive very fast.For clarification I dislike the reserve list and think it is a silly relic. I would like to see them print official proxies or gold bordered versions just for accessibility's sake.
I suggest you actually look at some cases regarding DTPA. Having a policy in place is extremely different from having a legally binding contract with a third party. Policies can be changed (with due notice) at a company's leisure, and the only liability is how the change in policy affects their revenue stream. Also, good luck providing a court with evidence that you purchased that beta lotus directly from WotC and not a secondary market dealer, otherwise you have no legal recourse because WotC didn't dictate secondary market value for their individual cards. I'll say it again - everything regarding WotC's behavior about the reserve list points to a consortium of dealers/distributors approaching WotC and threatening to take all MtG product off the shelves if they didn't offer a legally binding assurance that fiascos like Chronicles wouldn't happen again.
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theqissilent Member
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posted February 07, 2013 02:39 AM

quote: Originally posted by Zeckk: I suggest you actually look at some cases regarding DTPA. Having a policy in place is extremely different from having a legally binding contract with a third party. Policies can be changed (with due notice) at a company's leisure, and the only liability is how the change in policy affects their revenue stream. Also, good luck providing a court with evidence that you purchased that beta lotus directly from WotC and not a secondary market dealer, otherwise you have no legal recourse because WotC didn't dictate secondary market value for their individual cards.I'll say it again - everything regarding WotC's behavior about the reserve list points to a consortium of dealers/distributors approaching WotC and threatening to take all MtG product off the shelves if they didn't offer a legally binding assurance that fiascos like Chronicles wouldn't happen again.
This seems like an empty threat to me, if that ever has been the case. I highly doubt Scg would shut down their own revenue to boycott wotc. Also, this could be extremely lucrative for wizards, as they could put a large price tag on any product containing the reserved cards. Make them mythics, and charge $12 a pack or more...they would fly of the shelves.
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Zeckk Member
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posted February 07, 2013 03:19 AM
  
quote: Originally posted by theqissilent: This seems like an empty threat to me, if that ever has been the case. I highly doubt Scg would shut down their own revenue to boycott wotc. Also, this could be extremely lucrative for wizards, as they could put a large price tag on any product containing the reserved cards. Make them mythics, and charge $12 a pack or more...they would fly of the shelves.[/B]
It wasn't an empty threat back when Chronicles happened. MtG was still relatively small back then, so I could definitely see some large vendors or a group representing a host of vendors issuing an ultimatum to WotC. Remember, this was before Hasbro bought WotC.
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theqissilent Member
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posted February 07, 2013 05:40 AM

But if they were to do it today, what backlash could there be?
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PortlisX Member
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posted February 08, 2013 12:51 AM

quote: Originally posted by thror: i dont give two ****s about your 'collection'. frankly, i dont give two ****s about MY 'collection'. i own cards to play. i want to play legacy. WITH PEOPLE. not by myself, because im the only one with cards. go collect art if you want something to look at.
And we're happy for you. Believe it or not though, others have different priorities and motivations as it pertains to their MTG collections and their opinions are equally as valid.
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Nitelite Member
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posted February 08, 2013 08:21 PM

Where did all the wanna be lawyers come from? Instead of spewing off interpretations of contract law and how it applies to WoTC, why not ask a real lawyer why Wizards would double down on the reprint policy instead of abolishing it? I think you should find the answer easily enough.You guys also have really short memories. Or you don't pay attention very well. Or both.
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