The OGL 1.1 is not an Open License

[darjr]

If you sell OGL 1.1 stuff you need to tell WotC what it is.

And I can’t believe they wouldn’t reserve the right to tell you no. They will likely want to control what that badge appears upon.

 

[Art Waring]

Now, the Content Creator badge. People are pointing to the D20 STL. However, that's a bit apples and oranges. The D20 STL was a separate license from the OGL and carried it's own stipulations. Which meant that they could end the D20 STL, but, the OGL was still safe. Even if they trademark Content Creator as a badge, you could simply keep publishing your material under the OGL 1.0 and remove the badge. Which means that the badge is likely far more of a marketing tool than anything else.

You are actually avoiding my comment with this line of reasoning. I was using the D20 STL as a clear example of a limited trademark, with the concept of limited being that once revoked it can't be used anymore as part of any license.

If using the new 1.1 OGL requires a trademarked badge, then the entire license is revocable along with any associated trademarks. That is the exact opposite of an open license.

 

[mamba]

For those who publish OGC but make less than 700k - Nothing changed other than needing that Content Creator badge (see below)

Not true, they need to register with WotC and if they make > 50k also report their revenue.

From the WotC announcement, emphasis mine:

"If you’re making commercial content, relatively little is going to change for most creators. For most of you who are selling custom content, here are the new things you’ll need to do:

1. Accept the license terms and let us know what you’re offering for sale
2. Report OGL-related revenue annually (if you make more than $50,000 in a year)
3. Include a Creator Product badge on your work"

 

[Greg Benage]

Do we actually know anything about the “Creator Product” badge? If we do, please tell me. Because I don’t.

 

[Hussar]

You cannot republish your DMsGuild material anywhere else and anyone can copy and modify it. That's untenable for a lot of creators.

That second part about copying and modifying is true of all OGC as well. Yet, that seems to be perfectly tenable for a lot of creators

 

[mamba]

Do we actually know anything about the “Creator Product” badge? If we do, please tell me. Because I don’t.

Only that you need to use it, according to the announcement

 

[Hussar]

You are actually avoiding my comment with this line of reasoning. I was using the D20 STL as a clear example of a limited trademark, with the concept of limited being that once revoked it can't be used anymore as part of any license.

If using the new 1.1 OGL requires a trademarked badge, then the entire license is revocable along with any associated trademarks. That is the exact opposite of an open license.

Because the D20 STL was a specific license to use THAT SPECIFIC trademark though.

The OGL is not a license to use the Content Creator Badge. There's nothing that's been said that you can only use that badge if you use the OGL - although that's probably true that you will have to use it if you do use the OGL. But, at the moment, it's no different than requiring you to include the OGL with any OGC that you produce. OGL 1.1, as far as we know right now, is not a license to specifically use that trademark. I agree that the Content Creator Badge is probably going to be trademarked, but, as far as we know, anyone who follows the rules for OGL 1.1 is granted the right to use that badge.

IOW, right now, any notion that they will be able to revoke the Content Creator Badge the same way that they revoked the d20 STL is pure speculation. They'd have to revoke the entire OGL to do so, unless OGL 1.1 contains some specific provisions - a la the d20 STL - that would allow them to revoke your permission to use the Content Creator Badge.

So, no, as it stands right now, there's nothing to suggest that the Content Creator Badge is any sort of time bomb that WotC could use to pull the license. The fact that this is being called the Open Gaming License strongly suggests that it will not be something they can simply revoke - any more than WotC has ever been able to revoke anything that someone has produced using the OGL in the past.

Your examples are all of licenses that are very specifically NOT the Open Gaming License.

 

[Hussar]

Not true, they need to register with WotC and if they make > 50k also report their revenue.

From the WotC announcement, emphasis mine:

"If you’re making commercial content, relatively little is going to change for most creators. For most of you who are selling custom content, here are the new things you’ll need to do:

1. Accept the license terms and let us know what you’re offering for sale
2. Report OGL-related revenue annually (if you make more than $50,000 in a year)
3. Include a Creator Product badge on your work"

Yes, because requiring an email when you put something up for publication (let them know what you're offering for sale) and a once a year report of how much you made from selling OGL material (a number you will have to know to file your taxes) is a huge deal?

I mean, we're talking 30 seconds of work here.

 

[Greg Benage]

Only that you need to use it, according to the announcement

It’s a weird term, right? WTH is a “creator product”? Judging by the weird name, it sounds like a “Not Actually D&D” mark of shame you gotta wear if you want to publish the next Pathfinder.

If that’s what it is, it’s my early front runner for most obnoxious thing in the new license. Like, make me pay up, whatever, but don’t make me wear your goofy Junior Varsity badge.

 

[Art Waring]

any notion that they will be able to revoke the Content Creator Badge the same way that they revoked the d20 STL is pure speculation. They'd have to revoke the entire OGL to do so, unless OGL 1.1 contains some specific provisions - a la the d20 STL - that would allow them to revoke your permission to use the Content Creator Badge.

I agree that until we see the final draft it is speculative, but history has already repeated itself twice already (wotc revoking the d20 STL & the 4e GSL license), do we need a third time to see what happens next?