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My apologies if I misunderstood. The point of the proposal is to bring more movement into the OP battle scene. An attacker would have the chance to limit numbers once. In case of success, the attacker would become the defender next time, and the now attacking side may choose any number of participants, probably a much higher or even unlimited one.

One might see then whether better tactics or numbers are the key to success.

Hm I am not sure either. However looking with a first phase cap and second phase no cap I still don't see the point. Firstly players are limited from the first phase and if the OP doesn't go to second phase then many players will have no involvement at all. Secondy people believe the OP situation currently is due to numbers and nothing to do with tactics, so having a second phase "no cap" would not change the OP ownership.

As I understood, the cap should be valid for the whole conflict. In case the attacking side wins, it is up to the former owner, or another attacker, to choose different numbers for the next battle.