The real question is how much the clear intent and testimony of the drafters of the document goes in the court of law.Yes. There is no uncertainty regarding the intent of the OGL when it was framed.
Given the leak we have seen the new license basically reads 'hand over all your rights and pray we do not make the terms worse for you whenever we feel like it', so I do not see much wiggle room to interpret it too optimistically thereAnd how much the language of the new license is designed to convince people it won't go that far so they sign their rights away on the new thing out of fear and zero notice.
Replace 'pray we do not' with 'just accept that we absolutely will' and I'd agree.Given the leak we have seen the new license basically reads 'hand over all your rights and pray we do not make the terms worse for you whenever we feel like it', so I do not see much wiggle room to interpret it too optimistically there
Preface that I'm not a lawyer (despite the many weighing in), but I do work in contracts. Intent, if available from the author, does has some influence in contract resolution, which should be beneficial in this case. However, the level of influence is going to be dependent upon the individual judge. More than likely the WotC lawyers are going to try to focus away from the supposed intent, bringing up the fact that the OGL brought about their largest competitor.The real question is how much the clear intent and testimony of the drafters of the document goes in the court of law.
It was precisely the "poison pill" of the 4e GSL that brought about their largest competitor.Preface that I'm not a lawyer (despite the many weighing in), but I do work in contracts. Intent, if available from the author, does has some influence in contract resolution, which should be beneficial in this case. However, the level of influence is going to be dependent upon the individual judge. More than likely the WotC lawyers are going to try to focus away from the supposed intent, bringing up the fact that the OGL brought about their largest competitor.