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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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Matt Thomason

Adventurer
I’ll run with this…

Firstly it’s not a puppy, It seems to be all the puppies I ever produce.

Secondly no one can actually quantity how much you nourished it, because I was also feeding it every day, along with other people and there’s no way of telling if it actually ate any of your food.

You didn’t pay anything for the puppy; in fact you were using the puppy for entertainment shows and making profit from people while you had it.

I now say hang on a second, I gave you the puppy for free because I thought you wanted to play with it, but you’re making all this money from it. Plus this other guy down the road I gave one two is treating his puppy badly. So while you can keep that one, and this one I know you had your eye on. I know you have kennels and a puppy trainer but your gonna have to find someone else to give you puppies or grow your own. Im out.

I then reconsider and say I’m actually happy to keep giving you puppies as long as I can check you don’t treat them badly and provided you acknowledge I might want to stop giving you puppies in the future. You tell me to go make love to myself.

The thing is, the OGL does not give us the right to anything they ever produce.

We have the right, outside of the OGL, to replicate (with care not to infringe on IP) any game system we wish. The OGL gives us the right to the specific copyrighted text of the open gaming material released under it, and that's it. It does not give us the right to write a clone of 1e, 2e, or 6e. It doesn't need to.
 

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Mistwell

Crusty Old Meatwad (he/him)
That document had absolutely nothing whatsoever to do with the OGL. The racism thing is a red herring.
What makes you say that? It was, as far as I know, the only time (and very recent) that WOTC lawyers had to react to and counter-sue over hate speech in a product using their IP. I feel pretty it's somewhat likely, once that was dealt with, they likely said, "We should do something about preventing this from happening again in the future if we can." And an agenda item was added to a meeting which led to this for the OGL. Of course it doesn't stop someone from doing it without the OGL, but it was a red flag raised for that legal team that would seem likely to lead them to be concerned about adding that kind of clause to a new OGL.
 




God

Adventurer
I’ll run with this…

Firstly it’s not a puppy, It seems to be all the puppies I ever produce.

Secondly no one can actually quantity how much you nourished it, because I was also feeding it every day, along with other people and there’s no way of telling if it actually ate any of your food.

You didn’t pay anything for the puppy; in fact you were using the puppy for entertainment shows and making profit from people while you had it.

I now say hang on a second, I gave you the puppy for free because I thought you wanted to play with it, but you’re making all this money from it. Plus this other guy down the road I gave one to is treating his puppy badly. So while you can keep that one, and this one I know you had your eye on. I know you have kennels and a puppy trainer but your gonna have to find someone else to give you puppies or grow your own. Im out.

I then reconsider and say I’m actually happy to keep giving you puppies as long as I can check you don’t treat them badly and provided you acknowledge I might want to stop giving you puppies in the future. You tell me to go make love to myself.

The 5e clones like Level Up didn’t come out when 5e was in its infancy. They came out when it was at the height of its success. The explosion of 3pp 5e came when 5e was clearly a success not when it was finding its feet.

Nothing stops 3pp using their resources to make other products, they are using 5e because they think it will sell better because it’s already popular.
You're projecting current (douche-nozzle) WotC views of the OGL on the 2000 WotC folks who purposefully gave the puppies away to the community expressly so future douche-nozzles could not do what they're trying to do. The healthy breeding lines like Pathfinder and Level Up are exactly what was intended.
 

Staffan

Legend
I’ll run with this…

Firstly it’s not a puppy, It seems to be all the puppies I ever produce.
No, it's not. In this analogy, the puppy is the SRD. If you produce more puppies (e.g. a new edition, or Tasha's Cauldron of Everything, or Curse of Strahd), those are all yours. Of course, if people like the look of your puppies there's nothing stopping me from breeding mine in that direction.
Secondly no one can actually quantity how much you nourished it, because I was also feeding it every day, along with other people and there’s no way of telling if it actually ate any of your food.
No, you were not feeding my puppy. You might argue that you running a much bigger kennel means there's a commercial basis for a good pet food store in town and that makes it easier for me to feed my puppy, but I still buy my own food for my dogs and puppies (in this analogy, feeding and breeding more dogs are me writing adventures and sourcebooks and maybe even new rules systems that can be traced back to yours).
You didn’t pay anything for the puppy; in fact you were using the puppy for entertainment shows and making profit from people while you had it.

I now say hang on a second, I gave you the puppy for free because I thought you wanted to play with it, but you’re making all this money from it.
No, you giving me the puppy was part of a deal we made. I could not advertise the puppy or its spawn as having been part of your kennel, although I was still required to maintain documentation of their descent. I was also required to allow others to use my puppies as breeding stock. And back when I got the puppy, you specifically told me I could use it to make money or build my own kennel. It's just that now you're unhappy with my kennel's success.
Plus this other guy down the road I gave one to is treating his puppy badly. So while you can keep that one, and this one I know you had your eye on. I know you have kennels and a puppy trainer but your gonna have to find someone else to give you puppies or grow your own. Im out.
If you think that other guy is treating his puppies badly, there are laws against that kind of thing.
I then reconsider and say I’m actually happy to keep giving you puppies as long as I can check you don’t treat them badly and provided you acknowledge I might want to stop giving you puppies in the future.
I'm not asking you for more puppies. I'm demanding you don't interfere with the kennel business I've already got going, that I bred from a puppy I got from you.
The 5e clones like Level Up didn’t come out when 5e was in its infancy. They came out when it was at the height of its success. The explosion of 3pp 5e came when 5e was clearly a success not when it was finding its feet.
Morrus knows more about his reasons for making Level Up than I do, but to me it seems more that it took a few years to recognize where 5e's flaws were and then set about making a quality product fixing those flaws.
 

Plokman

Explorer
As another side note - If you had posted that two years ago I would have laughed. Now, it's kinda scary to realize that is a very real possibility.
Not really, AI is not able to get far ahead of programmers. It has limits and even with quantum computing it will take a hundred years to get a Marvin level thought process (AI follows information, with out it it cannot understand anything, AIs spook us because the have a near limitless data library. Run the same algorithm on a computer not connected to the net and it will be terrible) I know a guy who does programming for a living and understands spacial physics who gave me the laymens terms on that.
 


Blue

Ravenous Bugblatter Beast of Traal
I’ll run with this…

Firstly it’s not a puppy, It seems to be all the puppies I ever produce.

Secondly no one can actually quantity how much you nourished it, because I was also feeding it every day, along with other people and there’s no way of telling if it actually ate any of your food.

You didn’t pay anything for the puppy; in fact you were using the puppy for entertainment shows and making profit from people while you had it.

I now say hang on a second, I gave you the puppy for free because I thought you wanted to play with it, but you’re making all this money from it. Plus this other guy down the road I gave one to is treating his puppy badly. So while you can keep that one, and this one I know you had your eye on. I know you have kennels and a puppy trainer but your gonna have to find someone else to give you puppies or grow your own. Im out.

I then reconsider and say I’m actually happy to keep giving you puppies as long as I can check you don’t treat them badly and provided you acknowledge I might want to stop giving you puppies in the future. You tell me to go make love to myself.

The 5e clones like Level Up didn’t come out when 5e was in its infancy. They came out when it was at the height of its success. The explosion of 3pp 5e came when 5e was clearly a success not when it was finding its feet.

Nothing stops 3pp using their resources to make other products, they are using 5e because they think it will sell better because it’s already popular.
You have the most bizarre one-sided view of the OGL, as if it was just WotC giving things away for nothing. That is not the case. I'm going to ask you to read Morrus' post. Morrus, who has run ENWorld for decades, and publishes RPGs under the OGL.


Just read it, and any and everything you want to say, see if it agrees with what Morrus says. Because if it doesn't, then between you, an intelligent and interested bystander, and him, an industry professional using the OGL and reporting on the D&D, d20, OGL, and the industry for decades, there's a really good chance he's the one in the right.

Then come back and respond to various comments on this thread, running every sentence through "does this align with what I just learned from Morrus". Because right now your viewpoint seems really lopsided and could be helped if synced with the reality of the situation.
 
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