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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Clint_L

Hero
I am aware of how it works.

My point was that in the PR "Content already released under 1.0a will also remain unaffected" means that the 1.0a is still functioning as it always has because were that to change, the content already released under 1.0a would be very affected because it would not be re-usable or replicatable.

The PR release, as it reads now says that they are not attempting to "unauthorize" 1.0a and are instead creating a new version. Until we see the new 2.0 legalese, we won't know if "Content already released under 1.0a will also remain unaffected." is a lie or not.

I suspect it is a lie.

joe b.
I suspect it is not a lie. Not because they didn't want to make the change, but because they are already in a world of hurt and now they can't.
 

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ZeshinX

Adventurer
You've made a step, but WOTC has a lot of walking to do. This is stitching a wound while the patient bleeds internally.
For me, a good place for WotC/Hasbro to start rebuilding what they've just obliterated would be the resignations of the leaders primarily responsible for this debacle.

I mean at this point WotC/Hasbro are in a "damned if they do, damned if they don't" position (by their own hands). I feel empathy for those working there who just want to do their jobs...but the leaders primarily responsible for pushing this new OGL/direction have got to go.
 

They do that and One D&D will be deader then 4e at this point, I think they will have to dump this whole dumb new OGL thing completely.

At this point enough of it is already dead, especially all the parts they can profit from that keeping pushing for a new OGL is just about saving face from Chris Cocks and Cynthia Williams, it's not even about making money, they don't want to go to the board with nothing to show for all the damage they have done. It of course will just make things worse at this point.

They've screwed themselves no matter which way they go, I believe because they desired to make a backwards-compatible edition without allowing the old material to remain OGC as it has always been. IMO, it's a logical impossiblity of desires.

joe b.
 

Reynard

Legend
No, but it's a major player in the (smallish) TTRPG industry, as well as being partner of WoTC in the past.

And, afaik, silent to date.
As well they should be. their business is "entertaining TV show" and it would be weird for them to wade too deeply into this debate. Yes, they have a book out -- tied directly to their entertaining TV show (which probably used the OGL so they could protect their IP from WotC). But they have also partnered with WotC on books. I can't see a clear benefit for them to come out on one side or the other.
 

overgeeked

B/X Known World
Being able to publish different versions of a licence, while leaving the original version intact and binding, is worlds away from being able to change the terms of a licence that you as their client have signed while leaving you obligated to abide by those new terms.
It's important to remember there's no way WotC can achieve their goals without stopping people from publishing new content under OGL 1.0a. They can leave everything that's already in print and in the pipeline and still achieve their goal.
 



supermighty

Explorer
"Modern corporate law does not require for-profit corporations to pursue profit at the expense of everything else, and many do not."

--The United States Supreme Court, 2014

It doesn't matter if they are not required to pursue profit.

If Larry the Lawyer who works at WotC "believes" that he is lawfully required to pursue profit then that's what he will do.

In this case it does not matter what the actual law is, people will follow the culture zeitgeist.
 

It definitely doesn't, but okay lol.

There is no way to unathorize the ability to reuse and redistribute previously released content without affecting the content.

As I've stated several times, I believe they're lying with "Content already released under 1.0a will also remain unaffected." but, as it stands, if they are telling the truth, that means they're backing off "unauthorizing" 1.0a.

joe b.
 

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