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...

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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Maxperson

Morkus from Orkus
Vorpal Sword has been public domain since Alice Through the Looking Glass entered the public domain. You can have a vorpal sword in your movie and most folks are going to think you're making an Alice in Wonderland reference.
Sure. If you only use vorpal sword you are going to be safe. It's when you get a lot of things that D&D uses together in one movie, book, etc. that you start getting into shaky ground or into quicksand. The more things that you include like that, the close you get to being D&D and eventually you cross that line. Unfortunately, there's no clear delineation of where that line is, so it's easy to cross by mistake.
 

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Jer

Legend
Supporter
I promise you those things are not usable by a major motion picture studio "only through the OGL."
Disney, in fact, had a movie a few years ago with a Vorpal Blade in it. I believe the blade even made the "snicker snack" noise.

Then Hasbro should have been focusing on that back in 2000 instead of selling off their software division & hawking the D&D game rights to Infogrames. That can't claim they didn't know or had no idea. It was already obvious by this time this was goig to be a big thing. Warcraft, Diablo, Ultima Online, EverQuest, etc... were already in existence and doing very well.
I mean Rogue has been around since 1980. Ultima since 1981. Or Alkabeth before that.

The OGL has convinced a whole bunch of people into thinking that Wizards controls more of the game rules than they actually do. The concepts in the SRD are not copyrightable - only the text of those rules.
 

Jer

Legend
Supporter
If another major studio made the D&D movie that is coming out without the OGL 1.0a it would be sued by WotC. There's too much in it that when put together says "D&D."
I mean, if they called it Dungeons and Dragons and set it in Waterdeep? Then yeah, of course. Those are actually covered by Wizards trademarks and copyrights.

If they filed all of the Forgotten Realms stuff off and took off the D&D logo and released it as a generic fantasy movie? They might get sued if Hasbro was dumb as a box of rocks but I suspect they'd lose big time. Because most of the things you're looking at in these clips are concepts that you can't own that way.
 

Whizbang Dustyboots

Gnometown Hero
Absolutely, and it is beginning to appear but it's not the intensity (which is lower than British-Indian and Peri-Peri Chicken - another British favourite, nicked from South Africa I believe), it's just they don't get the flavours right. Like, I had a burrito a few months ago, and it just didn't taste of much. Like, technically everything in it was correct. they just hadn't put it together in a way that had the flavour. That seems to be fairly typical for now. Hopefully it improves over time.
My brother, who lives in Asia, reports the same thing, even though they have access to extremely similar peppers, etc.
 

eyeheartawk

#1 Enworld Jerk™
Disney, in fact, had a movie a few years ago with a Vorpal Blade in it. I believe the blade even made the "snicker snack" noise.


I mean Rogue has been around since 1980. Ultima since 1981. Or Alkabeth before that.

The OGL has convinced a whole bunch of people into thinking that Wizards controls more of the game rules than they actually do. The concepts in the SRD are not copyrightable - only the text of those rules.
Right, like have they sued videogames for using classes or levels and a ton of other obvious things stolen from D&D?

If old litigious TSR didn't sue Wizardry and every subsequent CRPG, like ever, I don't think WOTC will for people having vorpal blades in things or whatever.
 


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