WotC Walks Back Some OGL Changes, But Not All

Wizards of the Coast has finally made a statement regarding the OGL. The statement says that the leaked version was a draft designed to solicit feedback and that they are walking back some problematic elements, but don't address others--most notably that the current OGL v1.0a is still being deauthorized. Non-TTRPG mediums such as "educational and charitable campaigns, livestreams, cosplay...

Wizards of the Coast has finally made a statement regarding the OGL. The statement says that the leaked version was a draft designed to solicit feedback and that they are walking back some problematic elements, but don't address others--most notably that the current OGL v1.0a is still being deauthorized.
  • Non-TTRPG mediums such as "educational and charitable campaigns, livestreams, cosplay, VTT-uses" are unaffected by the new license.
  • The 'we can use your content for any reason' provision is going away
  • The royalties aspect is also being removed
  • Content previously released under OGL v1.0a can still be sold, but the statement on that is very short and seems to imply that new content must still use OGL v1.1. This is still a 'de-authorization' of the current OGL.
  • They don't mention the 'reporting revenue' aspect, or the 'we can change this in any way at 30 days notice' provision; of course nobody can sign a contract which can be unilaterally changed by one party.
  • There's still no mention of the 'share-a-like' aspect which defines an 'open' license.
The statement can be read below. While it does roll back some elements, the fact remains that the OGL v1.0a is still being de-authorized.

D&D historian Benn Riggs (author of Slaying the Dragon) made some comments on WotC's declared intentions -- "This is a radical change of the original intention of the OGL. The point of the OGL was to get companies to stop making their own games and start making products for D&D. WoTC execs spent a ton of time convincing companies like White Wolf to make OGL products."

Linda Codega on Gizmodo said "For all intents and purposes, the OGL 1.1 that was leaked to the press was supposed to go forward. Wizards has realized that they made a mistake and they are walking back numerous parts of the leaked OGL 1.1..."

Ryan Dancey, architect of the original OGL commented "They made an announcement today that they're altering their trajectory based on pressure from the community. This is still not what we want. We want Hasbro to agree not to ever attempt to deauthorize v1.0a of the #OGL. Your voices are being heard, and they matter. We're providing visible encouragement and support to everyone inside Wizards of the Coast fighting for v1.0a. It matters. Knowing we're here for them matters. Keep fighting!"


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When we initially conceived of revising the OGL, it was with three major goals in mind. First, we wanted the ability to prevent the use of D&D content from being included in hateful and discriminatory products. Second, we wanted to address those attempting to use D&D in web3, blockchain games, and NFTs by making clear that OGL content is limited to tabletop roleplaying content like campaigns, modules, and supplements. And third, we wanted to ensure that the OGL is for the content creator, the homebrewer, the aspiring designer, our players, and the community—not major corporations to use for their own commercial and promotional purpose.

Driving these goals were two simple principles: (1) Our job is to be good stewards of the game, and (2) the OGL exists for the benefit of the fans. Nothing about those principles has wavered for a second.

That was why our early drafts of the new OGL included the provisions they did. That draft language was provided to content creators and publishers so their feedback could be considered before anything was finalized. In addition to language allowing us to address discriminatory and hateful conduct and clarifying what types of products the OGL covers, our drafts included royalty language designed to apply to large corporations attempting to use OGL content. It was never our intent to impact the vast majority of the community.

However, it’s clear from the reaction that we rolled a 1. It has become clear that it is no longer possible to fully achieve all three goals while still staying true to our principles. So, here is what we are doing.

The next OGL will contain the provisions that allow us to protect and cultivate the inclusive environment we are trying to build and specify that it covers only content for TTRPGs. That means that other expressions, such as educational and charitable campaigns, livestreams, cosplay, VTT-uses, etc., will remain unaffected by any OGL update. Content already released under 1.0a will also remain unaffected.

What it will not contain is any royalty structure. It also will not include the license back provision that some people were afraid was a means for us to steal work. That thought never crossed our minds. Under any new OGL, you will own the content you create. We won’t. Any language we put down will be crystal clear and unequivocal on that point. The license back language was intended to protect us and our partners from creators who incorrectly allege that we steal their work simply because of coincidental similarities . As we continue to invest in the game that we love and move forward with partnerships in film, television, and digital games, that risk is simply too great to ignore. The new OGL will contain provisions to address that risk, but we will do it without a license back and without suggesting we have rights to the content you create. Your ideas and imagination are what makes this game special, and that belongs to you.

A couple of last thoughts. First, we won’t be able to release the new OGL today, because we need to make sure we get it right, but it is coming. Second, you’re going to hear people say that they won, and we lost because making your voices heard forced us to change our plans. Those people will only be half right. They won—and so did we.

Our plan was always to solicit the input of our community before any update to the OGL; the drafts you’ve seen were attempting to do just that. We want to always delight fans and create experiences together that everyone loves. We realize we did not do that this time and we are sorry for that. Our goal was to get exactly the type of feedback on which provisions worked and which did not–which we ultimately got from you. Any change this major could only have been done well if we were willing to take that feedback, no matter how it was provided–so we are. Thank you for caring enough to let us know what works and what doesn’t, what you need and what scares you. Without knowing that, we can’t do our part to make the new OGL match our principles. Finally, we’d appreciate the chance to make this right. We love D&D’s devoted players and the creators who take them on so many incredible adventures. We won’t let you down.
 

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Snarf Zagyg

Notorious Liquefactionist
WHAT??? Paizo is also a business looking to make a profit, not a charity looking to player's best interests? Shocking!!!! Haven't you been listening? WOTC is is mustache twirling parasitic villain out to destroy our fun cackling maniacally while they crush every mom and pop publisher in existence while never developing anything new by copying and pasting everyone else's ideas. Paizo is pure and blameless in all things.

Stick to the outrage script. :mad:

Sorry. I forgot to update my outrage script from last year!

So ... Paizo ... they're the good guys now? Okay then! ;)
 

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BlueFin

Just delete this account.
The part about "they won, we lost," and that garbage about "those people will only be half right" really stuck in my craw. This isn't about winning or losing, this is about listening or not listening--and I can't help but infer they are only half-listening to us. That whole paragraph was damaging and unnecessary.
Sooo true. The whole messaging was just "our intentions were only ever altruistic, we're sorry you misunderstood us".
 


theCourier

Adventurer
WHAT??? Paizo is also a business looking to make a profit, not a charity looking to player's best interests? Shocking!!!! Haven't you been listening? WOTC is is mustache twirling parasitic villain out to destroy our fun cackling maniacally while they crush every mom and pop publisher in existence while never developing anything new by copying and pasting everyone else's ideas. Paizo is pure and blameless in all things.

Stick to the outrage script. :mad:
Wow, you're so cool and above it all! Can you make fun of people's grievances a little more, so they can all see just how wrong they are to care about this?
 


I personally don’t buy the idea that a reasonable sized business can’t challenge WotC in the courts.
I mean, you don't have to buy it, but I'd characterise it as ignorance re: the law to have that belief.
I remember the Games Workshop v Chapterhouse case where Chapterhouse won on several points while still losing and having to pay damages.
$25,000.

That's not really a huge amount.

And overall the case was productive, because it drew some lines on what could/couldn't be used, where GW were making frankly insane overreach claims on what they owned. That's why GW lost on the vast majority of points. CHS didn't just win some - it won most.

Because it's a copyright issue, losing any means you'll probably pay something. As it was it was quite a small amount.

If WotC to mess around and find out, shall we say, about WotC actually owns, that'll be a good thing for the industry, and WotC better watch their back if they do that, because much bigger boys than them will be watching very closely about what they win and lose on. They've got far, far more to lose in a copyright case than Pathfinder or the like, who are already close to legally distinct. PF would suffer much less from renaming some monsters than WotC's D&D would suffer from having to make a GW-type move where it has to decide to rename Goblins to GOBLINAREAAAE or whatever.

Bring it on it. WotC need to be careful what they not only wish but ASK for!
If WotC win they shut down all OGL1 items and the future iterations that are derived from it. Several lawyers have expressed concern that this could be possible.
That's what they're doing anyway!

Did you not follow? You don't seem to understand the issue saying that lol. WotC are the aggressors here. Any court will be theirs, suing Paizo etc. WotC are the ones saying this is invalid. Paizo are merely saying they'll fight.
 

Whizbang Dustyboots

Gnometown Hero
Well, those people are likely as responsible (perhaps) for the retraction and amendments as they were for the initial draft. To be honest with you, I have always felt like the OGL and Wizards's willingness to make its documents available for free on the website (like the most basic version of its rules or the adventures they published online during the pandemic) was very generous and not comparable to the holder of any other intellectual property that I can think of. I can't imagine Disney (which I like) permitting a third party publisher to publish a Wolverine comic, for example.
That's not what the OGL is or was, though.

You cannot publish something with Elminster or Drizz't under the OGL. When you do see it published, like on DMs Guild, it's under a completely different licensing agreement.

The OGL is more comparable to Ford "letting" after-market companies provide tires, seat covers, stereos, by providing a standard framework for them to work off of.
 


Micah Sweet

Level Up & OSR Enthusiast
Seems to me that people should be careful of what they wish for.

The worst thing that could happen in my opinion would be forcing an OGL court case - that ends up costing everyone a lot of money. I personally don’t buy the idea that a reasonable sized business can’t challenge WotC in the courts. I remember the Games Workshop v Chapterhouse case where Chapterhouse won on several points while still losing and having to pay damages. Games Workshop then went on to change huge swathes of its world in order to copyright it - to such an extent that a lot of their IP became unrecognizable.

If WotC win they shut down all OGL1 items and the future iterations that are derived from it. Several lawyers have expressed concern that this could be possible.

If WotC lose they are forced to change the D&D game for the future to something that can be copyrighted and isn’t compatible with 5e. Else forever put up with their future work being picked apart and recycled by parties they don’t want to have a relationship.

I actually don’t want my D&D game to change to much. I like the small evolution that One D&D was driving at. I hate the thought of a court case with Paizo forcing WotC to put their foot on the accelerator down.
For my part, I would be just fine with WotC pulling a GW and changing their content to make it copywrite-protectable. I'm done with them anyway.
 

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