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Why I only buy open content

JBowtie

First Post
Role-playing is a culture of remixing. Take some Scarred Lands, add in Freeport, mix in some Arcana Evolved classes, maybe a race and some equipment from Rokugan, and hey presto, a campaign world! Not necessarily a cut-and-paste world, but something unique and organic that never comes out the same way twice.

Every RPG publisher knows (or should know) that his adventure or setting or rules are immediately and inherently going to spawn hundreds of derivative works. Most of those works will never be published and it's entirely plausible that many of them will be, at best, awful.

But some people will put together works that blow your socks off. You know, pour your heart and soul into something for years on end, and it becomes bigger than the sum of its parts. You all know that, you've all been in campaigns led by passionate DMs. You've seen (or should have seen) people with no publishing background come out of nowhere and put together the most mind-blowing stuff, firmly esablishing themselves in the pantheon of designers and writers. Some of you have been those people.

You know what? Having to ask permission stifles a lot of those people. It stifles their creativity and it stifles their voice. They turn their creativity elsewhere, where they can freely express themselves without restriction. I know this because I've seen it happen hundreds of times in the computer industry. I've seen it happen in the RPG industry.

Anybody could have made D+D-compatible products before 2000 if they had asked permission. A lot of them did. But you know, the day the d20 license became available, I felt a sudden surge of freedom. Suddenly, there were hundreds of new entrants into a tiny market. Where were all of these creative people? Why hadn't they gone and got a D+D license the year before? Why did they invent their own, incompatible rulesets when all they really wanted was to create something that could be used their favorite game, which was someone else's IP?

I mean, a lot of those books had incredible writing, spectacular vision, and were overflowing with imagination and reinterpretation. Surely they could have got a license years before and been published? Right? Right?

I love what Monte did with Arcana Unearthed. It inspired me enough to write my own campaign setting. But I ended up with something I couldn't publish, because I didn't have enough confidence in myself to believe that Monte would even entertain a request from someone who's not part of the establishment. And, forgive me, I couldn't untangle the OGL declaration, which I got conflicting legal advice on. Even if I was granted permission, it's too much stress, it's likely to be too restrictive for what I wanted to do, and the very act of asking forces me to deal with lawyers and think about contractual obligations and so forth.

I love True20. I love that they used the OGL license. I respect Green Ronin and will continue to buy their products. But I don't want to play whatever games and jump through whatever hoops they plan to put licensees through. Even if I qualify, even if they love my ideas, even if they exert no creative control, even if I was an established author. But I don't want to ask their permission to make compatible products. And I'm not going to play games with indrect referencing, and I sure as heck am not going to add 40 pages of True20 rules to an otherwise 4-page PDF that I think is an innovative and fun product. So, I'm going to put my creative energies to better use, in a way that I can freely express myself. The d20 license - sure it's arbitrary and could be changed retroactively, but I know the usage rules up front and I don't have to ask permission. And that makes all the difference in the world. It means I *won't* be wasting my energy only to be turned down. It means I won't be investing money and time that could be far better spent making the product itself top-notch. It means I will be able to sleep at night, and know that I can remix to my heart's content without worrying about rules that might not even be legally enforceable in my country.

I decided to write this because I feel so passionately about it, because I want you guys to understand that there are other considerations and consequences and motivations when fans start complaining about terms and conditions. That choosing your level of openness and licensing stance affects your engagement with your audience. Every single player is a potential GM, and every single GM is a potential writer/publisher. And they're all passionate and creative, and that when you inspire them they may very well want to share. And that motive still dwarfs the profit motive in this industry. And so some of us, at least, look up to and want to build on those who share the most, and share the nicest.

I know some of you are business people first, but remember there are those of us who are gamers first - and having the tasted the freedom of d20 licensing, we don't want to wait another 30 years to get a chance to share everything we build with your IP. We won't stop building on what you write, you know that, we can't; but it *will* ultimately inhibit us in what we say and what we share.
 

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D_Sinclair

Banned
Banned
Crothian said:
Who did this???

Good question, because I know only two companies slapped such a label on their products in the first 25 years, Judges Guild and Mayfair Games, and Mayfair was regularly sued over it. I miss those Role Aids products. They were often kind of rough and unfinished, but they always offered something nifty.
 

JBowtie

First Post
Crothian said:
Who did this???
Sorry, that sentence is probably unclear. I meant to say that a lot of people asked permission, not that they got it. As far as I know, ony Judge's Guild was actually granted permission.

I would like to back that statement up with hard data, but I have only anecdotes to go on.
 

Crothian

First Post
JBowtie said:
Sorry, that sentence is probably unclear. I meant to say that a lot of people asked permission, not that they got it. As far as I know, ony Judge's Guild was actually granted permission.

I would like to back that statement up with hard data, but I have only anecdotes to go on.

Okay, it sounded like you were saying lots of people got permission.
 

2WS-Steve

First Post
Re: True20

As far as I can tell Green Ronin opened all the text in the PDF version since there aren't character or place names in it. That's pretty generous if you ask me.

I think you ought to overcome your resistance to indirect referencing. Big companies use it in their OGL only books so they can't really complain. Moreover, if you establish a little PDF publishing label that primarily makes stuff for the "fantasy game that only uses a d20" you'll build up your own brand identity.


That said, things like M&M Superlink have greatly increased M&M's desirability to me. I look at all that support and know that'd it'd be much easier to put together a game than, say, for Silver Age Sentinels. However, in that case I prefer M&M anyway.


A similar, but partially inverted, issue might arise with d20 Modern/Spycraft 2.0. Spycraft 2 is much more cool -- but it seems that the Powered By Spycraft business is moving rather slow. Since there's so much support for d20 Modern and the PDF publishers will likely continue to go towards d20 Modern due to ease of indicating compatibility I have to make a choice between a game system I prefer to run and a game system I still like (though not as much) but with far more extensive resources--and also one where the scenarios I make up at home could be cleaned up and published.
 

JBowtie

First Post
2WS-Steve said:
As far as I can tell Green Ronin opened all the text in the PDF version since there aren't character or place names in it. That's pretty generous if you ask me.
It is extremely generous, as I said, I love Green Ronin and True20. It's simply intellectually dishonest and disingenuous to simply reproduce the text simply to avoid the trademark. I'd feel much better simply telling people to buy True20 from Green Ronin. But I'm enjoined from doing that without getting permission first.

I'm am not saying these publishers are unfair or immoral or anything; I'm simply stating that there's a chilling effect whenever an artist needs permission to create art. I'm sure, moreover, that Green Ronin will have extremely fair and reasonable license terms. I'm simply unwilling to invest time and money into something like that when my motivation is not financial in the least.

2WS-Steve said:
I think you ought to overcome your resistance to indirect referencing. Big companies use it in their OGL only books so they can't really complain.
It's intellectually dishonest. It's going behind their backs; breaking the spirit of the license rather than its letter.

2WS-Steve said:
Moreover, if you establish a little PDF publishing label that primarily makes stuff for the "fantasy game that only uses a d20" you'll build up your own brand identity.
I don't want to build a brand identity; I'm not even going to be charging for my product. I simply want to share what I've done in a completely legal and aboveboard fashion without having to retain an offshore law firm.

2WS-Steve said:
I have to make a choice between a game system I prefer to run and a game system I still like (though not as much) but with far more extensive resources--and also one where the scenarios I make up at home could be cleaned up and published.
This is exactly what I meant when I said that a publisher's stance affects the buyer's choice. Like I said, every GM is a potential author/publisher. So your stance on how open your content is *does* in fact affect sales. This is point that I want to hammer home, because it's my opinion that many publishers do not yet understand this. They should, because most of them are gamers, but their business instincts interfere.
 

Quickleaf

Legend
Hey Johnny. I seem to remember some conversation between you and one of the guys at the True20 board, was it with Chris Pramas? Anyhow, I think you're right on about focusing your RPG purchases on OGC products.

I am confused about what you're calling "intellectually dishonest" however. Would you be willing to clearly and concisely state your case for my benefit? I'd really like to understand where you're coming from better. Cheers!
 

JBowtie

First Post
Quickleaf said:
Hey Johnny. I seem to remember some conversation between you and one of the guys at the True20 board, was it with Chris Pramas?
Yes, I did post in one of threads over there some time back. I was able to understand better where Pramas is coming from (his desire to protect the trademark) due to that. I don't agree with his position but certainly respect it. I probably was less clear about my position in that conversation, though.

Quickleaf said:
I am confused about what you're calling "intellectually dishonest" however. Would you be willing to clearly and concisely state your case for my benefit? I'd really like to understand where you're coming from better. Cheers!
I think that referring to a product with weasel words is intellectually dishonest. If I were to release a Rokugan-compatible product with the express intention that you use it your Rokugan game, but go around saying "The oriental fantasy campaign setting based on a collectible card game" - well, I know I mean Rokugan and Alderac knows I mean Rokugan and in most cases the purchaser knows I mean Rokugan, so why not say it? It just becomes a little game where I try to it without saying it, you know? And I see that sort of thing as a form of deception. Plus I'm investing creative energy into something pointless that could be better spent elsewhere.

To clarify another point, working with another country's legal system is a bit of quagmire. This is one reason I prefer not to ask permission. In New Zealand, our trademark laws explicitly allow someone who makes an accessory to use a trademark for purposes of indicating compatibility, so that clause in the OGL may not be binding on me. But the web has no borders, so I'd be sued as soon as a US citizen downloaded my PDF. To be legally (and morally) on safe ground, I'd have to sign a licensing agreement with, say, Alderac to use their trademark. And signing that requires me to retain an overseas legal firm in the US. For a PDF that's nuts and prohibitively expensive.

People with their business hats on will say "pay to play", which may be reasonable; my position is that creativity (at least mine) gets quashed when you have to start thinking about that sort of thing; it sidetracks you and diverts your energy. And, again, my motivation is not financial.
 

mythusmage

Banned
Banned
JBowtie said:
I think that referring to a product with weasel words is intellectually dishonest.

Unfortunately, referring to a product directly is viewed by some as challenging the trademark. Even if that is not your intent. And if the product is not covered by a special agreement allowing the design and publication of compatible material, then matters get even worse. It falls under "no good deed goes unpunished".

Then again, there are times when you don't want certain products associated with yours. Poor quality products, or products covering subjects you don't want your product associated with. But, under the law you have to treat everybody the same. You can't selectively enforce your rights.

BTW, Judges Guild and Mayfair Games both had licensing agreements with TSR. Both were negotiated with Gary Gygax. The Blumes killed the first when they learned the license wasn't bringing in that much money. The latter was killed by Williams when Mayfair started taking the RoleAids line in a direction TSR didn't much care for. At that point Mayfair filed off the serial numbers and started producing non-D&D material that just happened to be compatible with D&D. While obviously intended to be used with D&D the Demons line was, technically speaking, not D&D material.

It was this case, and TSR's suit against Gygax and GDW regarding Dangerous Journeys that resulted in the finding that game mechanics cannot be copyrighted. Patented, but not copyrighted. This played a big role in the establishment of the Open Game License and Open Game Content.
 

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