WotC Talks OGL... Again! Draft Coming Jan 20th With Feedback Survey; v1 De-Auth Still On

Following last week's partial walk-back on the upcoming Open Game Licence terms, WotC has posted another update about the way forward. The new update begins with another apology and a promise to be more transparent. To that end, WotC proposes to release the draft of the new OGL this week, with a two-week survey feedback period following it...

Following last week's partial walk-back on the upcoming Open Game Licence terms, WotC has posted another update about the way forward.

Screen Shot 2023-01-09 at 10.45.12 AM.png

The new update begins with another apology and a promise to be more transparent. To that end, WotC proposes to release the draft of the new OGL this week, with a two-week survey feedback period following it.


They also list a number of points of clarity --
  • Videos, accessories, VTT content, DMs Guild will not be affected by the new license, none of which is related to the OGL
  • The royalties and ownership rights clauses are, as previously noted, going away
OGL v1 Still Being 'De-Authorized'
However, OGL v1.0a still looks like it's being de-authorized. As with the previous announcement, that specific term is carefully avoided, and like that announcement it states that previously published OGL v1 content will continue to be valid; however it notably doesn't mention that the OGL v1 can be used for content going forward, which is a de-authorization.

The phrase used is "Nothing will impact any content you have published under OGL 1.0a. That will always be licensed under OGL 1.0a." -- as noted, this does not make any mention of future content. If you can't publish future content under OGL 1.0a, then it has been de-authorized. The architect of the OGL, Ryan Dancey, along with WotC itself at the time, clearly indicated that the license could not be revoked or de-authorized.

While the royalty and ownership clauses were, indeed, important to OGL content creators and publishers such as myself and many others, it is also very important not to let that overshadow the main goal: the OGL v1.0a.

Per Ryan Dancey in response this announcement: "They must not. They can only stop the bleeding by making a clear and simple statement that they cannot and will not deauthorize or revoke v1.0a".


Amend At-Will
Also not mentioned is the leaked draft's ability to be amended at-will by WotC. An agreement which can be unilaterally changed in any way by one party is not an agreement, it's a blank cheque. They could simply add the royalties or ownership clauses back in at any time, or add even more onerous clauses.

All-in-all this is mainly just a rephrasing of last week's announcement addressing some of the tonal criticisms widely made about it. However, it will be interesting to see the new draft later this week. I would encourage people to take the feedback survey and clearly indicate that the OGL v1.0a must be left intact.
 

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FormerLurker

Adventurer
This is false.

Paizo has said that they will defend the irrevocability of the OGL, in court if necessary.
They have made a statement that they are prepared to defend the OGL 1.0a in court if necessary. Which is not a small thing as a lawsuit would destroy the smaller companies.
Talk is cheap.
They've said they will defend it, but so far they've actively done nothing. It feels like they're playing chicken with WotC, hoping they blink.

So far, WotC hasn't responded to the threats of lawsuits. Because Paizo is beneath their notice. It wasn't Paizo's threats that made them back down, but losing subscribers.
 

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FormerLurker

Adventurer
So what do you think the poison pill is going to be? Because none of the revised terms they've released in the last couple of "updates" will prevent that.
I imagine there'll be some subtle language that limits products, which they haven't mentioned as it's not relevant to the concerns of players as it doesn't involve 3PP.
 

Minigiant

Legend
Supporter
like what, a generic fantasy series? All their IP is not covered by the OGL
They might be locking it down.. They might not want the GOT vs LOTR or MCU or DCEU fight by locking up all the good monsters, magic, and classes for an generic adventuring show.

Can't fight Monsters of the Week with out monsters.
 




mamba

Legend
ALOTofyoutubers thought WOTC ws outfor their money. Either by bad reading of 1.1 or to drive views by subscribers.

I've C&P "You are covered by Fan Content Policy not the OGL" in so many comment sections.
well, then it is neither misleading nor irrelevant ;)

I meant irrelevant as far as OGL terms are concerned
 


Vaalingrade

Legend
Talk is cheap.
They've said they will defend it, but so far they've actively done nothing. It feels like they're playing chicken with WotC, hoping they blink.

So far, WotC hasn't responded to the threats of lawsuits. Because Paizo is beneath their notice. It wasn't Paizo's threats that made them back down, but losing subscribers.
Okay. Look.

They aren't threatening a lawsuit. They are putting themselves out there to defend the suit implied by the breaking of the OGL. There's the problem the OGL issue created: the chilling effect on everyone operating under it due to the fact that a lawsuit by Wizards could bankrupt most RPG companies even if they won.

What Paizo's statement did was put themselves figuratively between WotC's lawsuit and other companies.

There's no 'talk is cheap' here. They can't initiate the lawsuit because they're the ones using the contract to be upheld. They can't make WotC sue them. It' like Tommy Lee Jones in Men in Black jumping in front of the (appropriately analogous) giant parasite shouting 'eat me'! It's up to Ed to try and take a bite.
 

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