Disney Sniffing Around Hasbro?

Dragonbait · Nov 6, 2012

Dannyalcatraz said:
Anthropomorphic Mice, Ducks and Dogs would be core races in the first edition to follow acquisition...

Well then.. Take my money!

Cybit · Nov 6, 2012

marv said:
Ah, but you forget the DnD industry leader, protected by a solid open license. I am speaking of course about Paizo. DnD lives in Pathfinder by a small company that cares about gamers.

More interesting note: what happens to the OGL? Depending on how it was written / implemented, would a takeover of WotC by another company allow the OGL to be removed? Would depend on how strongly written the copyleft was?

Dragonblade · Nov 7, 2012

Pour said:
I, for one, embrace our new overlords! Should this all pan out, I mean what's left? Mattel? Cartoon Network? Nickalodeon? Hm, He-Man, She-Ra, Samurai Jack, Space Ghost, Herculoids, Thundarr the Barbarian, Legends of Korra... sold!

Cartoon Network is owned by Warner Bros already. Nickelodeon and its properties (now including the Ninja Turtles) is owned by Viacom, a gigantic conglomerate in their own right.

Disney acquiring them would require their parents to spin them off. Or a full blown merger. Disney buying Hasbro or Lucasfilm probably won't move the needle on any anti-trust radar despite their domination of geek culture. But Disney merging with Time Warner or Viacom certainly would.

Dragonblade · Nov 7, 2012

Cybit said:
More interesting note: what happens to the OGL? Depending on how it was written / implemented, would a takeover of WotC by another company allow the OGL to be removed? Would depend on how strongly written the copyleft was?

No. OGL can never be revoked. And frankly, the tabletop side of D&D is a tiny blip on the radar for Hasbro now. It would be the same with Disney.

What is more interesting to me is that FFG and MWP could find the rug pulled out from under them in terms of their rights to do a SW or Marvel RPG. WotC had those rights in the past and let them lapse because the cost benefit wasn't there, but getting them back for free would have to be pretty attractive to the gaming group at WotC I would think. Especially with new SW and Marvel movies on the horizon.

GMforPowergamers · Nov 7, 2012

Cybit said:
More interesting note: what happens to the OGL? Depending on how it was written / implemented, would a takeover of WotC by another company allow the OGL to be removed? Would depend on how strongly written the copyleft was?

Not being a lawyer I have to go with, I dont think they can... BUT the mouse lawyers are some of the best in the world, so if anyone can, they can.

On a personal level I would be so happy if they could, becuse if I never heard someone claim pathfinder was the one true d&d again I could die happy...

Nellisir · Nov 7, 2012

Cybit said:
More interesting note: what happens to the OGL? Depending on how it was written / implemented, would a takeover of WotC by another company allow the OGL to be removed? Would depend on how strongly written the copyleft was?

Nothing. Disney cannot retroactively remove the OGL. They might possibly be able to attack Pathfinder some other way, but they can't remove the OGL. Version 1.a was an authorized version, and as such it can be used forever.

2. The License: This License applies to any Open Game Content that contains a notice indicating that the Open Game Content may only be Used under and in terms of this License. You must affix such a notice to any Open Game Content that you Use. No terms may be added to or subtracted from this License except as described by the License itself. No other terms or conditions may be applied to any Open Game Content distributed using this License.
4. Grant and Consideration: In consideration for agreeing to use this License, the Contributors grant You a perpetual, worldwide, royalty-free, non-exclusive license with the exact terms of this License to Use, the Open Game Content.
9. Updating the License: Wizards or its designated Agents may publish updated versions of this License. You may use any authorized version of this License to copy, modify and distribute any Open Game Content originally distributed under any version of this License.

In short, as long as you follow the license (which is obvious), it is perpetual (does not expire), cannot be replaced (you may use any authorized version, including this one), and cannot be altered.

Disney could release an update to the OGL, but the existing version remains, and the two would exist in parallel.

I am not a lawyer, but the language is pretty simple, which is part of why it works. There aren't loopholes to exploit.

sabrinathecat · Nov 7, 2012

you're talking about the company that is the forefront defender/offender in pushing back the open license on when something becomes public domain because they don't want to give up profits on Mickey mouse. If they decide they want to destroy something, they will. Because they have enough money to keep throwing at it in time, effort, and if necessary, buying judges like MCI did when they took out MA Bell. Disney has the $ to take the case to the supreme court, even if their case has no merit whatsoever. Only a very few companies could stand up to them, and they are not in competition.

These are the same people who managed to fight off a suit by the people who invented Winnie the Pooh. That was almost as egregious a judgement as Sid Meyers losing the rights for Civilization to the computer game company.

Nellisir · Nov 7, 2012

sabrinathecat said:
you're talking about the company that is the forefront defender/offender in pushing back the open license on when something becomes public domain because they don't want to give up profits on Mickey mouse. If they decide they want to destroy something, they will. Because they have enough money to keep throwing at it in time, effort, and if necessary, buying judges like MCI did when they took out MA Bell. Disney has the $ to take the case to the supreme court, even if their case has no merit whatsoever. Only a very few companies could stand up to them, and they are not in competition.

These are the same people who managed to fight off a suit by the people who invented Winnie the Pooh. That was almost as egregious a judgement as Sid Meyers losing the rights for Civilization to the computer game company.

Nothing like surrendering before the enemy has even arrived on the field.

As far as your Pooh example, bluntly put, you're misleading and rather wrong. AA Milne invented Winnie the Pooh, not Stephen Slesinger. In 2007, Disney actually lost to Slesinger, but Slesinger did have another case against Disney thrown out (apparently on procedure & literally garbage-picking). Maybe that's what you're thinking of. In 2009 (something) was revised, revisited, or otherwise, and Disney regained trademark and copyright rights, but has to pay royalties to Slesinger.

Do you have an argument other than "Disney has money and the law doesn't matter"?

Or why Disney would even care? It would be a big effort for no gain. Disney would not make money off of repealing the OGL. WotC didn't do it, Hasbro didn't do it. I've heard no reason for Disney to bother.

WotC/Hasbro/Disney DOES NOT NEED TO USE the OGL. People keep screwing this up. The OGL does not control your use of your own copyrighted material. It does not remove, void, or invalidate copyright.

Morrus · Nov 7, 2012

marv said:
Ah, but you forget the DnD industry leader

I have not.

sabrinathecat · Nov 7, 2012

Surrendering before entering the field. Against Disney. Yeah. That is something to stand up to, if you like tilting at windmills. I have better things to do with my time.