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.
The impression I get from this interview is that, whatever else he may be, Mearls is a businessman. He understands the incentives that drove Hazbro WotC to want to get rid of the OGL, and his objection to trying to do so is less that it’s bad for the hobby and more that it’s actually bad for WotC. He just thinks the people with the decision-making power don’t realize that because they are too out of touch with their endusers, which he thinks is more important for RPG publishers than it is for most other businesses, since the endusers are also experts about the product.
 

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Aka: "this doesn't fit my preconceived version of the narrative, so it must be discredited and the messenger attacked."
No. It’s (somewhat aggressively…) pointing out that Mearls’ account is inconsistent with the publicly known historical facts.

Theres multiple possible reasons for that, of course, but the fact remains.

It was NOT all about video games etc or else the ‘this licence only covers pdfs and written material’ clause would have been enough.

It was NOT an attempt to prevent big corporations functionally taking over d&d using the license, or the $750k royalty threshold would have been higher.

The documents distributed with the draft agreement specifically stated that the ogl ‘had been used in unforeseen ways’ and was never intended to enable competitors to WotC’s D&D, and that the new license intended to wind that back. This was squarely aimed at Paizo, among others who published variant core books.

The royalties, approvals, financial disclosure rules, surrender of rights etc etc - these were so absolutely monstrously heinous that it was very clear they were intended to kill any 3pp above the level of ‘spare time hobbyist’ dead, unless that 3pp was willing to sign away its independence by begging WotC for a bespoke deal in exchange for who-knows-what. They were utterly inconsistent with someone who needed to run a company and put food on the table doing this stuff, and whoever designed and drafted that appalling agreement knew that full well.

Meares is glossing over or spinning a LOT of stuff here. He’s not the first to do so of course, there was that celebrated PR tour through the influencer YouTube channels that the recently departed PR guy did too. But I think it behooves all of us to remember what irredeemably vicious and callous crud WotC REALLY tried to pull, rather than what they and their people would prefer we remember. And I find it rather mindblowing that he’s claiming WotC believed they’d been ‘stabbed in the face’ by whatever 3pp leaked the draft, as if the entire OGL 1.0a wasn’t a declaration of WotCs intention to feed that 3pp face first into a woodchipper. WotC can in absolutely no light claim to be the victim of that unedifying piece of history.
 
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No. It’s (somewhat aggressively…) pointing out that Mearls’ account is inconsistent with the publicly known historical facts.
What value is there in carrying WotC's water though? Mearls gains nothing for trying to revise WotC history. It's not like he's a beloved member of the RPG community (based on actions notoriously described elsewhere) and in the same interview he has pointed out D&D is on the decline. He's not exactly the best mouthpiece for propaganda nor is he financially profiting from it. So either there is more to this story than we previously knew or someone is mistaken about things we previously thought we had figured out.

But I'm not buying that Mearls is running interference for WotC because there isn't a reason for him to be doing that.
 

Are these drafts not explicitly labeled as drafts?
I don't typically watermark them if that is what you mean. Typically that language (this is draft, please comment & revise...) would be in the email in which we attach the contract. However, that depends on the client. If the client is familiar with the process, then we may not mention it is a draft, it is just understood by both parties. I recently sent a contract to a client we work with a lot, I even signed the contract. The client sent it back with a bunch of revisions. We sent it back, signed, with more revisions. This went back and forth until both parties were satisfied and both parties signed it. I have also had a client completely reject a contract and request a standard contract. Which we then accommodated. So it is a spectrum IME, like most things, and not just this or that.

EDIT: Also, there were reports that when the OGL "Draft" was sent to people there was actually a notice that it was a draft and they wanted feedback. I have heard this reported and even seen the text, but I could never find it again at this point.
 
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What I remember being the single most egregious thing about the WOTC OGL fiasco was their attempting to de-validate the existing OGL. Having such a crappy deal for 5.5e was bad enough, but that was far worse. It would have retroactively removed permissions for publication from a large number of things that were already out there. And I don't think it was lost on some inside WotC that they were telling Paizo to sign up and pay up if they wanted to keep publishing Pathfinder, even though Pathfinder had nothing to do with 5e. Indeed, some of those things had nothing to do with D&D at all. (I remember decades ago when Fudge was looking to release under an open license, and there was some debate on the Fudge mailing list. Some argued for Creative Commons, but the decision was made to go with OGL because that was the gaming standard. Some people pushed back, saying that the OGL was designed for (at the time) WOTCs business interests, not true openness. I think they were wrong -- the folks designing the original OGL really were after an open source-like license. But, WotC saying they were revoking the OGL also said that people who had written things for Fudge under that license no longer had the right to distribute what they'd written.)
 

Whether WOTC was seeking feedback for real or just pushing their intentions secretly to other big 5e publishers doesn't really matter. The whole thing hinged on one thing: breaking the existing OGL. There's no way you can say that the original OGL wasn't intended to be perpetual. The creators of the OGL said so. WOTC had to break the OGL in order to put out any deal. If they wanted to do anything at all, they had to violate the intention of their own legal agreement to do it. We heard that WOTC wanted to break the OGL previously in the 4e days and still didn't do it.

Whatever feedback WOTC wanted, whatever their reasoning, whatever their intentions were; this whole thing hinged on WOTC acting in bad faith on their own legal contract – violating an agreement they had with thousands of publishers for two decades.

There's just no other way to look at it. The original OGL wasn't intended to be broken and they wanted to break it.

I'm really glad things turned out how they did. I don't know if, today, the situation would have gone the same way.
 
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Whether WOTC was seeking feedback for real or just pushing their intentions secretly to other big 5e publishers doesn't really matter. The whole thing hinged on one thing: breaking the existing OGL. There's no way you can say that the original OGL wasn't intended to be perpetual. The creators of the OGL said so. WOTC had to break the OGL in order to put out any deal. If they wanted to do anything at all, they had to violate the intention of their own legal agreement to do it. We heard that WOTC wanted to break the OGL previously in the 4e days and still didn't do it.

Whatever feedback WOTC wanted, whatever their reasoning, whatever their intentions were; this whole thing hinged on WOTC acting in bad faith on their own legal contract – violating an agreement they had with thousands of publishers for two decades.

There's just no other way to look at it. The original OGL wasn't intended to be broken and they wanted to break it.

I'm really glad things turned out how they did. I don't know if, today, they would have gone the same way.
Lol I kinda said something similar in the other thread.
 

Whether WOTC was seeking feedback for real or just pushing their intentions secretly to other big 5e publishers doesn't really matter. The whole thing hinged on one thing: breaking the existing OGL. There's no way you can say that the original OGL wasn't intended to be perpetual. The creators of the OGL said so. WOTC had to break the OGL in order to put out any deal. If they wanted to do anything at all, they had to violate the intention of their own legal agreement to do it. We heard that WOTC wanted to break the OGL previously in the 4e days and still didn't do it.

Whatever feedback WOTC wanted, whatever their reasoning, whatever their intentions were; this whole thing hinged on WOTC acting in bad faith on their own legal contract – violating an agreement they had with thousands of publishers for two decades.

There's just no other way to look at it. The original OGL wasn't intended to be broken and they wanted to break it.

I'm really glad things turned out how they did. I don't know if, today, they would have gone the same way.
It was an odd thing for sure. If they really wanted to break with the old they should have done it with a true 6e. They would have had some leverage then. But breaking an existing contract was never going to work.
 

It was an odd thing for sure. If they really wanted to break with the old they should have done it with a true 6e. They would have had some leverage then. But breaking an existing contract was never going to work.
Well... except that kind of did. With the credible threat on the table that the OGL maybe could be broken, nobody can now trust it as the foundation of their business. So the producers have now moved on to other things.

Had WotC not completely lost their nerve and put the SRD under the CC license, they might well have had the victory they wanted everywhere but on paper.
 

Well... except that kind of did. With the credible threat on the table that the OGL maybe could be broken, nobody can now trust it as the foundation of their business. So the producers have now moved on to other things.

Had WotC not completely lost their nerve and put the SRD under the CC license, they might well have had the victory they wanted everywhere but on paper.
That just makes it more odd doesn't it?
 

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