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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I'll choose to put more stovck into what those with actual knowledge and insight into the situation have to say.
so how open to feedback do you think WotC was? If the 3pps would have kept pushing back, would they eventually have gotten to a version that is pretty close to the OGL 1.0a (assuming no leaks)? I very much doubt that, and that is all I am saying

This negotiation was a lot closer to the ‘negotiation’ you have when someone has a gun and asks for your wallet than an open ended discussion that can go either way about whether you can spare some money for a fella in need

WotC was not just floating an idea, curious what others think of it. And yes, if someone who was ‘there’ (he really wasn’t in the same team, let alone in those discussions) contradicts established facts, I have to go with the facts…
 
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I remember seeing WOTC defences that "This is just about video games and movies" at the time. I also remember that not passing the sniff test at all at the time. I wonder if Mearls simply heard that defence from colleagues he liked personally, and thus trusted it as at least basically true. As others have pointed out here, he's obviously happy to criticise WOTC, so he doesn't seem to have any reason to lie here, but he could very easily just be incorrect.
 


Yes, and this is one of the sad fallouts of the whole thing. They did effectively invalidate the OGL for future use. The only thing their backing down did was not (...for now...) prohibit the distribution of previously-published things that used the OGL. But publishers by and large will never use the OGL again.

This also caused a discontinuity in the open gaming ecosystem. All the stuff that was released under what we thought was the standard open gaming license for the last couple of decades will not be usable together with stuff released afterwards, unless the people who originally released it re-release it under a different license (which may not even be legally possible).

It caused other discontinuities. For example, Paizo released Pathfinder 2.5 (*) earlier than they might have otherwise, and went to Starfinder 2e earlier than they might have otherwise.

(*) Yeah, yeah, I know it's not really 2.5, but you know what I mean.
As someone playing Pathfinder a ton over the past 3 years, IMHO the de-OGLification through the Remaster has been a complete pain in the neck, especially the renaming of classic D&Disms like magic missile.

I'm not even sure how much of it was even necessary, once WOTC put everything in Creative Commons. As a non-lawyer who has seen this happen in lots of institutions big and small, it read to me like lawyers giving 'theoretical doomsday' legal advice, but execs then treating it as if that was a given. Nobody else (including prominent lawyers) seemed to be suggesting that companies like Paizo were under any legal risk for continuing to use "bag of holding".

Luckily the devs made some truly excellent improvements to flavourful but mechanically troublesome classes (like oracles, witches, and swashbucklers) where they had the time to focus on doing so, and almost everyone is happy with other large game design changes they implemented with this opportunity to do so (like removing mechanical alignment), but in other areas there was a noticeable dip in quality and especially in editing, as well as projects getting pushed back, due to the rush to get the Remaster out as fast as humanly possible, just in case WOTC reversed course again and tried to sue them for using the term undercommon.
 

As someone playing Pathfinder a ton over the past 3 years, IMHO the de-OGLification through the Remaster has been a complete pain in the neck, especially the renaming of classic D&Disms like magic missile.

I'm not even sure how much of it was even necessary, once WOTC put everything in Creative Commons.
Pathfinder is evolved from the 3.5e SRD, which is still only under the OGL AFAIK. Wizards has promised to put it in Creative Commons, but I'll believe it when I see it.
 

As someone playing Pathfinder a ton over the past 3 years, IMHO the de-OGLification through the Remaster has been a complete pain in the neck, especially the renaming of classic D&Disms like magic missile.

I'm not even sure how much of it was even necessary, once WOTC put everything in Creative Commons.
That's the thing, though: WotC didn't put everything in the Creative Commons. They put the 5.1 SRD in it, and while they also released some IP they didn't mean to, the total wasn't anywhere near what the 3.5 SRD had, which is what Pathfinder 1E and 2E were both based on. For instance, there's a babau demon in pre-Remaster PF2, just like there is in the 3.5 SRD, but you won't find one among the 5.1 SRD's monsters. Things like that were everywhere, and without the 3.5 SRD in the Creative Commons, Paizo couldn't use the CC for Pathfinder.
 

That's the thing, though: WotC didn't put everything in the Creative Commons. They put the 5.1 SRD in it, and while they also released some IP they didn't mean to, the total wasn't anywhere near what the 3.5 SRD had, which is what Pathfinder 1E and 2E were both based on. For instance, there's a babau demon in pre-Remaster PF2, just like there is in the 3.5 SRD, but you won't find one among the 5.1 SRD's monsters. Things like that were everywhere, and without the 3.5 SRD in the Creative Commons, Paizo couldn't use the CC for Pathfinder.
Sure, but does anyone think there is/was any real risk that WOTC was actually going to sue Paizo over the babau demon (etc) after what happened with the OGL controversy?
 


Sure, but does anyone think there is/was any real risk that WOTC was actually going to sue Paizo over the babau demon (etc) after what happened with the OGL controversy?
I think that's the wrong way to look at it, in all honesty.

After WotC backed off revoking the OGL, Paizo could very well have kept publishing PF2 as-is. But uncertainty alone was enough to make that unpalatable to them, which is entirely understandable; it was that same uncertainty which the OGL was designed to put to rest, after all, since no one wanted to be sued by TSR (who by the end of their lifespan had a reputation as a litigious company).

When the people who own the license that your entire business model is based on start acting capriciously in a way that makes said business model look unsafe, changing things on your own terms seems like a much better deal than potentially having to change things on theirs.
 

Sure, but does anyone think there is/was any real risk that WOTC was actually going to sue Paizo over the babau demon (etc) after what happened with the OGL controversy?
Not right now, but just wait until WotC is run by a brand new batch of snappy-dressing MBA-brandishing ghouls who weren’t there for the OGL controversy and didn’t bother to learn about it.

WotC has never been real good at institutional memory, occupational hazard when you have redundancy rounds as often as they do.
 

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