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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rcade

Hero
If you're making a million dollars off of someone else's IP, I think you should pay some royalties. A lot of products that attach the OGL probably don't need to do so, you can't copyright game mechanics. But if your product relies on D&D specific rules and IP.
This is a bait and switch. If WOTC wanted royalties on anything in the SRD, it could have kept it out of the SRD.

The whole point of the SRD was to be the only stuff WOTC wanted everybody to use and share. There was still a dragon's hoard of IP for WOTC to exclusively profit from that's never been available under the OGL.
 



Bravesteel25

Baronet of Gaming
I'm not sure the original OGL was really all that open to begin with. I know we've seen statements to the contrary from Dancey and others, but the OGL really only seems to give you things you already have under general copyright law. One of my favorite OGL products from back in the 3.5 era was Iron Heroes. But actually looking at it, I don't think it needed to be under the OGL. A more recent example is Pathfinder2 - that really doesn't need to be under the OGL!
Emphasis mine. Exactly! That's why Paizo has said that they will be stripping the OGL from future publications until ORC is finalized.

Paizo:
As Paizo has evolved, the parts of the OGL that we ourselves value have changed. When we needed to quickly bring out Pathfinder First Edition to continue publishing our popular monthly adventures back in 2008, using Wizards’ language was important and expeditious. But in our non-RPG products, including our Pathfinder Tales novels, the Pathfinder Adventure Card Game, and others, we shifted our focus away from D&D tropes to lean harder into ideas from our own writers. By the time we went to work on Pathfinder Second Edition, Wizards of the Coast’s Open Game Content was significantly less important to us, and so our designers and developers wrote the new edition without using Wizards’ copyrighted expressions of any game mechanics. While we still published it under the OGL, the reason was no longer to allow Paizo to use Wizards’ expressions, but to allow other companies to use our expressions.
Of course, Paizo plans to continue publishing Pathfinder and Starfinder, even as we move away from the Open Gaming License. Since months’ worth of products are still at the printer, you’ll see the familiar OGL 1.0(a) in the back of our products for a while yet. While the Open RPG Creative License is being finalized, we’ll be printing Pathfinder and Starfinder products without any license, and we’ll add the finished license to those products when the new license is complete.
 

Fendulum

Explorer
If people are so worried about the clause, perhaps they shouldn't be using the OGL at all. 🤷‍♂️

It may not be literally published as D&D, but my 3PP books that use the OGL are clearly labeled as compatible with 5E.
The thing is, there is already an OGL that is actually open and does not allow for broad content control--an OGL that's been in effect for more than twenty years and hasn't actually led to D&D's brand being destroyed. (The most serious recent harm to D&D's brand just came from WOTC.)

Revoking that arrangement so that WOTC can do more discretionary content control to protect its brand doesn't sound like something that's good for other publishers or the gaming community.
 



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