Law – A gentleman with opinions

Neil Gaiman, consent and New Zealand

So, some things are happening regarding Neil Gaiman (Gaiman) – the formerly beloved fantasy author whose reputation when up in flames when multiple women came forward with stories of coercion into sexual and physical abuse.

One of these women, Scarlett Pavlovich, (Pavlovich) had initially been introduced to him by Amanda Palmer, (Palmer) and was employed by the couple as a nanny. In addition to supplying a truly horrifying story involving physical abuse with a belt, being assaulted in front of the child and non-consensual urine-play – she has sued Gaiman in the US.¹

Currently the case against Gaiman is on appeal after the judge dismissed it without prejudice – essentially claiming that the first course of action should be to try to sue Gaiman in New Zealand.² I have opinions on this ruling, but was waiting to see how it played out – but then a plot twist occurred.

In the background there has a been a Substack account frantically gathering evidence and building theories as to why Gaiman is innocent.³ It was recently signal boosted by Gaiman as “reporting”.⁴

Apparently the author has been identified by his own trail of online breadcrumbs, according to Diana Sterling Jones, he is a buddhist monk who got infamous for various protests – including the Extinction Rebellion that Gaiman supported.⁵

I don’t think I need to explain that the contents of the Substack are bad. It couldn’t be anything but. It complains sources are too vague, or too long – but then the “short reads” are pages upon pages (I picked one at random and it’s more then 3,600 words) and that what they really needed was 46 pages of private messages (because those definitely confirm what happened in real life).⁶Many of them are clearly desperation and grasping for any straw they think will generate sympathy.

The above is roughly 1,000 words of analysing the professional headshot that Vulture chose for an article and inventing ways that its racist – while using similar headshots on the same blog and making similar decisions regarding the other parties they report on.⁷ Also, this Substack was started in April 2025 so they should know about the issues there.⁸

Going over them point by point would be a Sisphean task for even the most passionate and manic investigator. I think everything worth saying about it in general, has already been said by the amazing D’Angelo.⁹

So instead, I want to just examine how far this plea of consent would go in New Zealand – whether there’s a realistic basis that Gaiman would engage with proceedings taking place in New Zealand, and what legal issues might influence his decision to or not to.

Disclaimer: I have a law degree in New Zealand, but I’m not (yet) a lawyer and more importantly I’m not your lawyer. This is a purely amateur analysis. None of this is personal legal advice and you must not rely upon it as such. And please, please, please, do not tell me about any crimes you may have committed.

Also I believe the women who raised the allegations against Gaiman.

1
Pavlovich, Scarlett v. Gaiman, Neil, 3:25-cv-00078, (W.D. Wis.)
2
Scarlett Pavlovich v. Neil Gaiman, 25-2754, (7th Cir.)
3
Technopathy “Neil Gaiman Is Innocent: Introduction” (10 January 2026) Substack <technopathology.substack.com>
4
Neil Gaiman (3 February 2026) BlueSky <bsky.app>
5
Diana Sterling Jones “Revealed: Neil Gaiman’s Anonymous Substack Defender is an Activist Monk” (5 February 2026) Shooting The Messenger <shootingthemessenger.blog>
6
“Neil Gaiman Is Innocent: Introduction”, above n 3
Technopathology “Neil Gaiman Is Innocent: Contents 2026” (11 July 2025, updated frequently) Substack <technopathology.substack.com>
7
Technopathology “Neil Gaiman Is Innocent: Racial Hoaxes and Antisemitic Tropes” (8 August 2025) <technopathology.substack.com>
8
Shane Burley “How Deep Does Substack’s Far-Right Problem Run, Really?” (21 June 2024) Ink Stick Media <inkstickmedia.com>
9
D’Angelo (@d-angelo) “neil gaiman is back and creepier than ever” (5 February 2026) YouTube <www.youtube.com>

LaNasa v Wincen (it me!)

That’s right, I’m part of this story now.

This one technically started after the on case against Tenkar,¹ but was resolved quicker due to the appeal,² so I’m covering it first. We’re on the home stretch, I promise you.

Back on 10 March 2023, I was contacted over Facebook, then phone, by NetSafe to let me know that Justin LaNasa (LaNasa) had lodged a complaint about me and they were following process as they were required to do.

On 30 January 2024, LaNasa filed his follow up with Netsafe, and it was immediately put before Judge P R Rzepecky made a decision on the papers to take no immediate action but to refer the matter to a NetSafe technician (as LaNasa indicated it might involve an order to a hosting service), and then proceed with a case management conference and a half-day hearing.

On 12 April 2024 my wife told me there was someone was here to see me, quite confused why someone wearing a stab proof vest with a notice that it was recording on bodycam was there to deliver a giant parcel of documents to me.

I accepted service from a confused bailiff, who was grateful that I understood what it was about. She had been tasked with serving me over 110 pages, and was mostly screenshots without context, with the front cover being written in Lower LaNasian and Netsafe’s summary buried in the documentation.

They say that a man who represents himself in court has a fool for a client, so with God as my witness I immediately made a declaration.

Now, I wasn’t a lawyer that the time I received this – but I was a law student so I treated this as a kind of unofficial extra credit job. So, in the spirit of making this a robust analysis, as would be expected of a law student, I’ll be using the CLEO method.

So, let’s talk about that time I got served by the courts over some blog posts and bunch of comments on Facebook (many of which I didn’t even make).

1
Lanasa v. Stiene, 1:22-cv-05686, (E.D.N.Y)
2
Lanasa v. Stiene, 24-1325, (2d Cir.)

nuTSR declares BANKRUPTCY!

So, at this point in the saga, the situation was:

Justin LaNasa (LaNasa) had taken out multiple lapsed trademarks, and was claiming his new company TSR LLC was the divine heir to them, and was now having to throw money into a bottomless pit due to having taken Wizards of the Coast to court over it.¹

This was, not sustainable given that is its products were generally bad and it’s convention failed to generate any buzz for obvious reasons. 16 months in, Justin had clearly noticed it wasn’t going great – hence the numerous meltdowns.²

So naturally, in May of 2023, he decided TSR LLC should just go bankrupt, and it was very funny. Yes, normally bankruptcies are tragic and heart breaking but this one was very funny. Bankruptcy was filed for on 8 June 2023.³

The first area of hilarity was Stephen Erin Dinehart IV, (Dinehart) of GiantLands infamy, immediately jumped into try to blame Wizards of the Coast for nuTSR putting themselves into bankruptcy.⁴

It should be noted that the courts never had to decide who owned TSR, but the answer is Wizards of the Coast, a subsidiary (not a Doing Business As) of Hasbro.

LaNasa himself chose to amplify this message, but decided to make no effort in doing so – leaving it open to speculation if he’d agreed with Dinehart – a man who he’d previous branded a traitor and put on his haters list – should basically resume his old job as nuTSR’s public relations.

A screenshot of Dungeon Hobby Shop Museum re-sharing the post by Wonderfilled.

TSR original Tim Kask had a much less sympathetic response to it.⁵

A text on image post by Tim Kask, 16 June 2023, "NuTSR bankrupt? Oh my, waht is the world coming to? Ah, it's senses. Big surprise when you are headed by a slimeball."

Rest in peace Tim, you were rough around the edges but you were an entertaining man of integrity right until the very end.

1
TSR LLC v. Wizards of the Coast LLC, 2:21-cv-01705, (W.D. Wash.)
2
Kim Wincen “Dungeon Crawl, TSR Cons & Meltdowns” (9 January 2026) A gentleman with opinions <blog.wincenworks.com>
3
TSR, LLC, 23-01577, (Bankr. E.D.N.C.)
4
Stephen Erin Dinehart IV (8 June 2023) Wonderfilled Facebook <now deleted>
5
Tim Kask (Kaskoid) (16 June 2023) Facebook <www.facebook.com/tim.kask.9>

ORC 2-ish years later

It’s been 2-ish years since Paizo “finished”¹ their Open RPG Creative License (ORC)² (more on that in a bit) so it seems like a good enough time to see how the new license is coming along, what sort of momentum has it built, what was the overall outcome. Did it revolutionize tabletop role-playing games (“TTRPGS”)? And what was the overall significance and involvement of Azora Law?³

Tell me you want to be the premier law firm for TTRPGs without telling me you want to be the premier law firm for TTRPGs.

Azora Law is, according to a publication in the Washington State Bar News – June 2021, it is “one of Seattle’s oldest virtual law firms”.⁴ This seems to be the singular instance of it claiming to be a virtual law firm, which is an odd claim since if they’re all in Seattle and they have a registered office address… that means they just let staff work from home if they want? Pretty sure that was the standard in mid 2021.

Unless they also had a presence in the Metaverse at some stage.

Anyway, I thought ORC sucked… but I’ve been known to be wrong.⁵

My name is Kim. I am not a lawyer, certainly not a US lawyer specializing in copyright and most importantly I am not your lawyer. I am a law graduate in New Zealand who has a passion for role-playing games, and you should not consider anything I post to be legal advice (or take legal advice from blogs or social media posts in general). Also please, understand – absolutely nothing you say to me falls under lawyer-client privilege – especially if you do it in the comments.

Okay, now that’s done, let’s look at this.

1
“ORC License: The Final Version is Here!” (29 June 2023) Paizo <paizo.com/community/blog/v5748dyo6sico>
2
“Open RPG Creative License” Paizo <paizo.com/orclicense>
3
Azora Law <azoralaw.com/>
4
Brian Lewis “Three Big Developments in Soft IP Law” Washington State Bar News (Washington US, June 2021) at 30
5
Kim Wincen “The ORC has landed. It kinda sucks” (2 June 2023) A gentleman with opinions <blog.wincenworks.com/2023/07/02/the-orc-has-landed-it-kinda-sucks/>

Mitchell v Jobst – A Low Score

Content Warning: This matter does contain discussions of suicide, particularly suicide in relation to bullying and difficult relationships with peers. If that’s a topic that is very personal to you, while this does discuss defamation law, it’s unlikely that anything in this is going to be worth reading this for. Please take care of you and use your discretion.

YouTuber Karl Jobst has made many and numerous videos about the lawsuit brought against him by Billy Mitchell – many of them full of bravado and mocking Billy’s claims regarding the lawsuit. So, when Karl lost the case on 1 April 2025, it went worse than the usual bad news on April Fool’s Day.¹ District Court Judge KC Barlow went into detail all the aspects he found relevant in this 118 page judgement.

Karl attempted to resume his regular content, he took the video down because he concluded that he needed to address the issue.² Karl’s fans were not happy and felt very confused and mislead about the situation, particualrly those who contributed to his GoFundMe.³

On 18 April 2025, Karl released his video explaining his side of the story – I and many other people were very unimpressed.⁴ I, in particular, was unimpressed since despite Karl apparently having spent a fortune on lawyers and been discussing this for years – he didn’t seem to understand basic concepts of law. He also seemed to downplay his own involvement in people believing this was a lawsuit about cheating at video games, and not about an allegation of using spurious lawsuits to bully someone to a point where they committed suicide.

My name is Kim, I’m not a lawyer but a law student in New Zealand who was born and raised in Queensland, Australia. Most importantly I’m not your lawyer and I’m not speaking for anyone but myself here. Please don’t interpret blog posts as personal legal advice, ever.

I’d like to talk about defamation, how it works when it escalates to an Australian court, what went wrong for Karl and how it fits into this overall situation. I will however, be adding extra information where I think it’s relevant to understanding the parties and the events.

Though I’d like to be clear, I’m going to try to avoid speculating about conversations or the relationship between Karl and his counsel – as while I understand that its terribly fun to do from a gossip perspetive, it’s not productive for genuine understanding and all of it is tied up in strict confidence. Also, we can see what they were working with:⁵

A screenshot of Discord exchange on 28 March 2025:
GhostOfYoda asks Karl: "Do you ever run scripts for videos like this past a lawyer, or is it not worth the expense?"
Karl replies: "no I don't because fuck lawyers and what they think, if I want to say something I will say it, fuck letting other people tell you what to do a lawyer will always tell you to say nothing who wants to live by that principle"

1
Mitchell v Jobst [2025] QDC 41
2
Karl Jobst (First week of April 2025, YouTube) https://www.youtube.com/channel/UC3ltptWa0xfrDweghW94Acg/community?lb=Ugkx2SvAB2ecQ1pF_U3gXh8maSs7XbXdmxhy
3
Karl Jobst Karl Jobst Legal Defence Fund (4 November 2022, GoFundMe) https://www.gofundme.com/f/karl-jobst-legal-defence-fund
4
Karl Jobst I Lost (18 April 2025, YouTube) https://www.youtube.com/watch?v=H1XBqeAQ3nI
5
geniusdude69 Fuck the lawyers I paid for with YOUR money (4 April 2025, Reddit) https://www.reddit.com/r/youtubedrama/comments/1jqs49z/fuck_the_lawyers_i_paid_for_with_your_money/

X nee Twitter’s Terms of Service

First a disclaimer, my name is Kim, I’m not a lawyer – more importantly I’m not your lawyer and I am not a lawyer in the United States of America. Nothing following it to be taken as personal legal advice, it certainly does not form a lawyer-client relationship and please do not take legal advice off random bloggers.

So, a lot of people have been posting screenshots of the new Terms of Service (“XTos”) on X nee Twitter (“Xitter”), but I haven’t seen many people doing much of an analysis into what they actually mean. So I decided to look into it before 15 November 2024, when all these changes take effect.

While some of the changes have been, on the surface, a little alarming most of it is fairly banal when taken in isolation. When looked at a whole, it paints a rather grim picture for the platform, those who continue to make use of it, and the those who are not on there but are directly impacted by the activities there.

It’s bad, but to truly understand how bad, we need to have a good look at everything and see the overall picture that it paints.

LaNasa v. Tenkar – Dismissed with Prejudice

Throughout out the TSR Saga, there have been many reporting on it – doing varying avenues and degree of investigating. One of those was the proprietor of the Tenkar’s Tavern web presence… who we’ll refer to as Tenkar (who is an old D&D character of his, of course).

Background

Tenkar is a long time player of D&D who has a general interest in role-playing games, which he primarily expresses through his website, Tenkar’s Tavern and the connected YouTube Channel. He is also a former Internal Affairs officer with the New York Police Department and a big advocate for OSR. He also (like everyone) injects his politics and his personal opinions in there, but for the most part here’s what you need to know:

Tenkar did a lot of videos covering the various mistruths and questionable claims of the nuTSR crowd, sometimes with accompanying blog posts writing things up and linking to relevant information.
Tenkar has a lot of opinions on old school games styles, often making videos to discuss the idea of playing now vs then, talking about the principles of OSRIC, etc.
Tenkar also made a consistent effort over the years to expose people trying to grift or otherwise exploit the nostalgia for old school gaming. Ken Whitman, for example, has featured frequently and generally in an unflattering manner since at least as far back as October 2014.¹
Tenkar is wary of the pitfalls of commentary, and takes steps to prepare his receipts and evidence in advance – and to always show the material he’s using to substantiate his opinions.
Tenkar’s long involvement with the hobby, conventions and the history of the hobby have made him quite well networked within the niche hobby.

Naturally this did not bode well for Justin LaNasa, the Dungeon Hobby Shop Museum or the nuTSR crowd in general.

1
Tenkar A WTF are They Thinking!?! Kickstarter – Castles & Crusades: Blacktooth Ridge (T.V. Pilot) (3 October 2014) <www.tenkarstavern.com>

Giancola v. WotC

So, the Magic the Gathering¹ drama circles have ignited by a public statement² issued by legendary fantasy artist Donato Giancola, calling out Wizards of the Coast³ (“WotC”) over the work of their contracted artist,⁴ At the time of writing it has 1.7 k “likes” and 481 shares.

For reasons that are unclear to me… there seems to be a trend to claim a lawsuit is in the works and that Wizards of the Coast will lose because… some hands look like other hands. So, briefly let’s look at the causes of action that people think are available… and how that’ll go.

At this time, I can’t find any evidence of an actual lawsuit. Anyway, my name is Kim, I’m a law student in New Zealand – I’m not a lawyer, certainly not a US Copyright lawyer and most importantly I am not your lawyer. None of this is legal advice and please, do not take legal advice off blogs or assume you have a confidence relationship like lawyer-client with the a blogger.

1
Wikipedia Magic the Gathering <https://en.wikipedia.org/wiki/Magic:_The_Gathering>
2
Donato Giancola, 26 March 2024, Facebook <https://www.facebook.com/donato.giancola.7/posts/pfbid02sseDdjseRuve7SBXfWAcdKB2vVmjd5fkjZGQv4idrJVteKgeUHJqvGHaDW19y6gZl>
3
Wikipedia Wizards of the Coast <https://en.wikipedia.org/wiki/Wizards_of_the_Coast>
4
Fay Dalton. Personal web site of Fay Dalton <https://www.faydalton.com/about>

Gina Carano’s LOLsuit

In the interests of personal responsibility, I feel I need to open with a clarification that when a billionaire (Elon Musk) funds a washed up celebrity (Gina Carano) to sue a multi-billion dollar mega-corporation (Disney) with a baseless case – it’s a LOLsuit and should be viewed as a spectacle.

When rich assholes sue regular people with baseless defamation suits, it’s class terrorism and needs to be stomped out.

Also I’m not a lawyer, more importantly I’m not your lawyer so this is not personalized legal advice to anyone (especially not Gina Carano) and I strongly urge you to never take legal advice off a blog, or ever believe you have a lawyer-client relationship with a blogger. Also I’m doing this without Westlaw or Lexis so someone who is practicing can probably find some info I can’t.

The ORC has landed. It kinda sucks.

So Paizo has recently announced the release of their own open license, ORC, which was prompted by the OGL Fiasco. The license itself is a couple pages long and is accompanied by the an Answers & Explanations (“ORC AxE”) document to be referenced and used as evidence of intentions.

And it kinda sucks.

If you don’t know me, I’m a Law student in New Zealand and I have experience in fraud investigation for online payment gateways – a role that requires a lot of deciphering all kind of documents and regulations. I’m not a lawyer, I’m definitely not your lawyer – nothing in this is personalized legal advice or forms a client-lawyer relationship. Please do not get your personalized legal advice from blogs.

Background

If you somehow missed it, in January 2023 there was a fiasco where various people reported receiving a leaked document. The leak proposed that Wizards of the Coast was in the process of repealing the sacrosanct Open Gaming License and replace it with a new one that came with content limitations and proposed to charge a fee to the top 1% of creators.

Eventually a copy made it’s way to Gizmodo journalist Linda Codega (they/them) and an objectively bad article (Gizmodo’s fault, not Linda’s, that’s how editorial responsibility works) was released. Opening Arguments summarized it as “a hit piece”, but I think that’s inaccurate – the simple fact is that Linda and the wider collection of Tabletop Role-Playing Games (“TTRPG”) commentators didn’t understand how contracts, intellectual property and business work. Gizmodo for it’s part, didn’t seem to care beyond making sure they were not likely to be sued – so didn’t provide their write who mostly does reviews any

Riots ensued. Platform after platform pivoted into talking about the OGL. A weird conspiracy theory that independent YouTuber Ginny Di was Wizards of the Coast executive insider. It was chaos.

During this mayhem, Paizo came forth, promising they would be creating a new open license, the Open RPG Creative (ORC), which would be irrevocable and perfect for all matters relating to gaming. It initially teased the idea of all kinds of over the top efforts, such as putting it in the hands of a non-profit, but ultimately was drafted by Azora Law (managed by Brian Lewis, who drafted the original OGL 1.0a) and a Discord server was set up for the “community”.

Eventually Wizards of the Coast abandoned all attempts to reform the Open Gaming License, and put all content currently covered under it into the Creative Commons – effectively washing their hands and moving on. But the development of ORC continued.

Paizo would release three drafts and now the final (interim) draft has been released to the public, with a promise that Paizo itself will start looking into how to apply it to their own products.

Pages: 123