Yes, that's my point. He can't win a case, but he doesn't need to. This is how most lawsuits are won, the party with less money can't afford to keep up the fight drops out, and the other one wins by default. He's thinking of buying the damned FreeSpace license for kicks- if he's tenacious enough, and any dodges attempted fail, he could drag the issue to the court phase, and then the victim would lose. Do you think lawyers come free? Do you think if you can't afford a defense the judge just says "Oh, all right, he's down for the count. Let's have a truce, kids!"?
Who, exactly, is going to spend most of their year's income on a protracted legal battle over the right to mod a game?
Also, Fair Use has been argued many times before, and the final decision isn't always in the nonprofit group's favor. However, in this case it won't even get that far.
Honestly, I suspect the lawsuit thing is just him pointing out that if he gets the license he could **** HLP back, front, and sideways, and there's not a damned thing the lot of you could do. Which is perfectly true in a number of ways, and a point worth paying attention to- he has some chips in this game, or at least some potential chips, that the FS fanbase doesn't. Hence why I'm advocating playing nice. He might not do it, but the chance is there- and what exactly is there to lose by trying to keep the dialogue civil anyway? Show me something, besides "overinflated HLPer egoes", and we'll see.
