Nothing can beat the opinion from the specialist. Follow is a youtube video by a person who has law degree, but also a former wizard of the coast employee. He himself sounds like had not played HEX, but his explanation are easy to understand.
Overall, I am glad that his take on the case is same as my guess, in fact he did reference my almost one year old article.
Essentially, this case seems relatively weak argument. Now given the jury based system of the US law, we never know how things will end up if it ends up being in the court but I got the feeling that he also believes if this particular case allows Wizard to win, then it will be a huge hindrance for the future of the dTCG.
Back when the HEX was originally introduced, while on the kickstarter, I have talked about the potential of the game. Independent of whether HEX as an individual dTCG to succeed or not, one of the first thing I thought was that this game will stimulate whole dTCG market and bring all to the different level.
That thought actually included Wizard. They have had Magic online for years, and duels of the planes walker also for years. If we go back in time, RPG like Magic for PC was also out there. What is lacking is that Magic Online does not have the mobile platform support. Duels of Planeswalker is not a real full blown Magic, nor there is no true RPG feeling. So game like the HEX, I thought would make Wizard realize it is about the time they put effort into these and create one.
In my honest opinion, if WotC puts their money and power to make “open world 3D” environment MMO utilizing real Magic i.e. Magic Online is just part of PvP lobby or arena but all cards are tradable as is now with story mode, and have them on the mobile platform as well, I think no dTCG can ever compete.
I hope WotC realize that and put effort on that to improve overall dTCG world.