WotC 5E Designer Mike Mearls Talks About The OGL Crisis

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D&D historian Ben Riggs recently conducted an interview with Mike Mearls, who worked at Wizards of the Coast from 2005 to until he was laid off in 2023. Part of the interview touched on the OGL crisis back in 2022, with Mearls indicating that WotC was caught by surprise by the backlash when they revealed that they intended to rescind the Open Gaming License. They also talk about how WotC felt 'stabbed in the face' (Ben's words, not Mike's) when the draft OGL 2.0 was leaked by a partner who had been sent the document in confidence.

Ben Riggs: What was the atmosphere within the company during the whole OGL fiasco, like what was it like within the walls of Wizards?

Mike Mearls: Oh, people took it very, very seriously. You know, I don’t know if anyone at Wizards has ever publicly said anything or talked about it, but I think it was genuinely surprising to people.

And I’m going to be in the weird position of like, "Oh, this company laid me off, but I’m going to kind of defend them now." One of the things I do feel bad about is that people who got caught up in it—who aren’t Wizards—probably thought, hey, we’re doing exactly what the community would want us to do. We have some ideas for how we want to change it.

I am sure at this stage—remember, it’s 2020—the business is blowing up, there’s a lot of potential for licensing, and it’s going to be hard to negotiate a license with someone if they’re like, "oh, we don’t actually need to work with you. We can get everything you have by just going and using this Open Game License." And if you look back, you know, the things they were looking at were, "If you're making X dollars or more, you have to give us royalties," etc. That, to me, feels like those terms were coming from a place of, we don’t want, like, Lucasfilm showing up and doing a Star Wars D&D game and just selling a bajillion copies because they could have licensed it but just decided not to, because the system's free.

Now, there's a lot of reasons why I think they misread the situation, but I think the one thing people have to give a little maybe consideration is that they were sending out the license to people with this idea of getting feedback. Now, you could argue that no one took them seriously, thought, "No, this is just you sending this to me, and you're going to ignore my feedback." But that to me doesn’t make sense. Because if I was in that position of, like, "Hey, people are going to hate this so much, and I’m going to do it anyway", why would I show it to people early? Because then the story is just going to be, "Hey, this thing is so bad, we hate it. By the way, they showed it to us and ignored us." That makes it even worse.

Ben: I will say, though, that the sources I’ve had within Wizards seem sincere when they say, yeah, we sent it out for feedback, and then someone stabbed us in the face. Because again, from within Wizards, that is their point of view, right? You just sent this thing out for feedback, and now it’s all over the internet, and everyone is angry. One of the people that you trusted to look at this and negotiate with you has stabbed you in the face. Again, I can understand that point of view.

Mike: But I will say, though, there is something to be said for the one thing they didn’t quite account for. Because this would have been 2022 when they were sending this stuff out. Had they announced the new edition yet? I think 5.5 had been announced.

Ben: Yeah, they announced it—I want to say around August—and then in December, they sent out OGL--I think it's 1.0a--for feedback. And then, within a week of the new year, Lin Codega was writing articles about it.

Mike: And I think that was their miscalculation. You know, a lot of people like me, who worked on 4th Edition, you may have heard this being talked about, hey why did 4th Edition have so much trouble where it ultimately almost wrecked the business? It just tried to change too much at once. It was a new world, a new game mechanic. Forgotten Realms got radically changed. The novel line was really pared down. Digital tools, right? There was just so much change. It’s like, How am I supposed to make this journey from where I was to where I am to where we’re going? And I think that was their big miscalculation was, I think it’s almost the same root cause maybe—like, "Oh, we don’t really understand how people will look at this". So, we're gonna show it to them, but not knowing people are going to be very on edge about this, very like "no, this is a direct threat" even though you're trying to be as nice as possible.

To put it in context, that maybe Wizards didn’t see, they had just announced a new edition. So people were immediately going back to 4th Edition and the GSL. And they're immediately going back to that space of "You are trying to do a new version of D&D that can cut us out." So this didn’t feel like "Hey, can you give us feedback?" It felt more like, "This is the deal. Take it or not."

Ben: For the audience that doesn’t know—what was the GSL?

Mike: So, the GSL was—so we had the OGL for 3rd Edition, but the company did not want to do the OGL for 4th Edition. And again, this is another example of "of all the paths, this was the worst." And I think businesses do this all the time, and it drives me bananas. They didn’t want to do the OGL for 4th Edition for reasons, right? It’s competition, blah blah blah. But rather than just saying, "Hey, there’s no gaming license", which I think would have been a much better approach—people would have been upset, but they'd have said "OK, I'm upset but that's it"—they had the GSL. And the GSL was basically like—imagine if you took the OGL and said, "What are all the things we could put in this to make it so that no one would ever use it because it’s so obviously a bad deal?" And then, like, double that. That was the GSL. It was so obviously like "No, why would anyone do this? This feels like you're actively stabbing us in the face."

So, I think it had a similar thing—like, oh, they clearly didn't want any competition for their products, so they didn't actually want anyone to make stuff for it. So they offered such a horrible deal that no one would take them up on it. And I think very few people did. You had to register your company with Wizards. They could revoke it at any time. You had to send in all your... it was just super fiddly. It would have been much cleaner to just say, "No, there’s no OGL." And this is the kind of thing where you need to be in touch with your audience to know like "we’re doing this, people are going to be really upset that we don't have the OGL, but we don't want to do the OGL." So, as soon as you’re having that conversation, you need to step back and "Why are we getting rid of the OGL again?" or whatever the decision is. If we’re gonna jump through all these hoops to make it look like we’re not doing the thing we’re doing—like just do the thing or just don’t do the thing. That’s actually an even better answer: Just don’t.

Ben: Yeah.

Mike: So yeah the long and short of it is I feel bad for people who got stuck in that situation. Because I just think they didn’t have the right context to understand the reaction. And it’s the worst outcome. Like, you think you’re being reasonable, so then when people react, you think maybe, "Are they being unreasonable? Are the children wrong?" And this is a case where—no, the children were not wrong. And to Wizards' credit, they released the game under [Creative Commons], which is like OK, now they have no control over it. And then 5.5 came out and sort of changed things, I think you could just make stuff for it using the current 5E thing, so it makes the decision to crack down even more like, OK I don't know why, I think it was purely from a licensing standpoint. I think if you just look at it from that point it makes total sense.

Ben: The story I’ve heard is that there was a French video game called Solasta: Crown of the Magister—or I might even be saying it wrong—that was a real turning point for Chris Cocks. Because, for those of you who don’t know, and I didn't know unti I was told about it, it was a French video game that used 5th Edition as its engine. And it was D&D. And the press was all like, "This is the best D&D video game ever made!" And it's not D&D.
 

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This reads to me like Mike is sort of going to bat that the idea of a revised OGL wasn't all bad. Which, especially as a now independent game designer, strikes me as strange for the many, many reasons we discussed at the time.

But yeah, while I disagree with the idea that I can stab a giant multinational business in the back, any change to the OGL (or the very idea that you can change the existing one, no matter how much or how little) would have caused me to leak it to everyone I know too. Doubly so if, you know, I make my living off of it.
Yeah this "stab in the back" nonsense is just very special when someone who was working a corporation worth hundreds of millions is saying it about business who are mostly making less than 1m, in most cases a lot less, with maybe one making very low double-digit millions and a handful single-digit.

I work in a corporate environment, and I absolutely know the kind of execs who would see this as a "stab in the back" (not at my current firm, but still), and the issue is that they're frankly out-of-touch-with-reality.
 

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Yeah this "stab in the back" nonsense is just very special when someone who was working a corporation worth hundreds of millions is saying it about business who are mostly making less than 1m, in most cases a lot less, with maybe one making very low double-digit millions and a handful single-digit.

I work in a corporate environment, and I absolutely know the kind of execs who would see this as a "stab in the back" (not at my current firm, but still), and the issue is that they're frankly out-of-touch-with-reality.
Of course WotC could have just went for it as opposed to soliciting feedback and having it leaked...

Edit: I think this is one of his points... if they didn't want feedback, why even send it out at all ahead of time and risk having it leaked?
 

I think there is a space where they could easily have wanted feedback and also drafted a draconian first pass. That is not how I typically do things, but I have seen it done.
They drafted a draconian second and third pass too, in fact the what, third or fourth pass was actually significantly worse in several ways than the original. This wasn't one bad document, one bad pass, this was several. That's a fact.

You seem to already be forgetting the details, presuming you were familiar with them. I ask again, do we need to dig this corpse up and do another autopsy, or will people stop playing down the issues with it?
 

I work in a corporate environment, and I absolutely know the kind of execs who would see this as a "stab in the back" (not at my current firm, but still), and the issue is that they're frankly out-of-touch-with-reality.
How dare you peons try and stop me from enshittifying the thing you love. Don't you understand that I gotta have da money. I needa da money.
 

So? How does this interact with my post?

I've worked in corporate companies long enough to know that someone high-up in another department may have an incredibly, even laughably skewed view of something, even if they technically were working there.

That said, most of what Mearls is saying here isn't really wrong, it's just spin. He is criticising, he's just spinning it in a way that makes it lighter. Which is fine - he probably has a lot of friends/acquaintances who were involved with this idiocy and doesn't want to burn them too hard.

Possibly, but he is burning people there pretty hard on 5e24, so that doesn't seem to be holding him back. I think it is possible he was removed from the situation to much (since he was at MtG at the time) to not have a clear picture. But he does know people and could ask and find out what was up in a way that you or I could not.

I think you're confusing my post with someone else's. I don't talk about "mistakes in the timeline" at all.
Quite possibly. Perhaps I was keying in on your comment about multiple drafts? Funny that you mention those as a negotiation, but then say they didn't want feedback. Not saying they are the same thing, but they are definitely similar!
 

They drafted a draconian second and third pass too, in fact the what, third or fourth pass was actually significantly worse in several ways than the original. This wasn't one bad document, one bad pass, this was several. That's a fact.
I remember some discussion about different versions and I remember reading through 2 or 3. What I don't remember is when all of those came out. My recollection was the leak was actually about the first draft. I also remember there being improvements in later drafts.
You seem to already be forgetting the details, presuming you were familiar with them. I ask again, do we need to dig this corpse up and do another autopsy, or will people stop playing down the issues with it?
No, I have already regretted stepping into these waters again. I am simple going to respond to people you comment on my posts as I feel it is the correct thing to do, but I am not making any more unsolicited posts on this subject!
 

Of course WotC could have just went for it as opposed to soliciting feedback and having it leaked...
Sure, absolutely, but the problem with that approach of "shoot first, then tell people to hand over their wallets" is that you get covered in blood trying to get wallets off corpses.

And in this case, if you just dropped it without at least trying to negotiate, it would have been an instant and massive explosion, and basically no 3PPs would have signed it, so suddenly 5E would have no real 3PPs, and the industry and a lot of players would be mad as hell about it.

As Mike says, if they just wanted no OGL, they should have said "no OGL for 5.5".

Funny that you mention those as a negotiation, but then say they didn't want feedback. Not saying they are the same thing, but they are definitely similar!
They absolutely do have similarities, but I work at a law firm so I see both regularly. What I send to our clients, and my colleagues, I'm asking for feedback on. What my colleagues and clients send to the other side, that's something they're negotiating, and that's very different, and well be transmitted in very different ways.

I feel like this whole "we just wanted feedback UwU smol company" deal is just a very funny retcon when you actually read the documents involved. At best they were attempting to start a negotiation from a place of strength, and they expected to get the vast majority of what they were asking for.

And what they were asking for was insane, particularly control-wise.
 

As Mike says, if they just wanted no OGL, they should have said "no OGL for 5.5".
From a managing public pushback perspective, yes. But then they would have had to make 5.5 radically different so that you couldn't reverse-engineer third party content for it under the still valid OGL that 5.0 was/is under. They also didn't want to kill their "evergreen" golden goose.
 

I remember some discussion about different versions and I remember reading through 2 or 3. What I don't remember is when all of those came out. My recollection was the leak was actually about the first draft. I also remember there being improvements in later drafts.
Over the course of about a month IIRC. There were minor improvements in the first one or two revisions (I honestly forget), and then were was another one which was like, better financially (still not great), but even worse in terms of attempted control.

Then suddenly WotC completely reversed and put the OGL content into CCBY, which was WILD, and no-one expected or even seriously asked for (and is suggestive that one side "won" the internal struggle at WotC, and in no uncertain terms).
 

Sure, absolutely, but the problem with that approach of "shoot first, then tell people to hand over their wallets" is that you get covered in blood trying to get wallets off corpses.

And in this case, if you just dropped it without at least trying to negotiate, it would have been an instant and massive explosion, and basically no 3PPs would have signed it, so suddenly 5E would have no real 3PPs, and the industry and a lot of players would be mad as hell about it.

As Mike says, if they just wanted no OGL, they should have said "no OGL for 5.5".

So they were negotiating and getting feedback? Honestly I'm not getting your point. They apparently did want one (an OGL) or they wouldn't have sent out the documents and asked for feedback.

They absolutely do have similarities, but I work at a law firm so I see both regularly. What I send to our clients, and my colleagues, I'm asking for feedback on. What my colleagues and clients send to the other side, that's something they're negotiating, and that's very different, and well be transmitted in very different ways.

I feel like this whole "we just wanted feedback UwU smol company" deal is just a very funny retcon when you actually read the documents involved. At best they were attempting to start a negotiation from a place of strength, and they expected to get the vast majority of what they were asking for.
So now you know what they expected to get?? Better than people working there at the time... uhm, ok.
 

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