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 never understood why and how WotC profits from the OSL. To me it feels like they basically let anyone (even giant companies) use everything except the copyrighted stuff from their work, and they are not seeing a dime out of it. I mean, Paizo basically built Pathfinder out of the OSL 3.5E, and I doubt WotC ever saw any money from that...
Network effects, if they manage to stay the market leader.

The more people that publish compatible stuff for D&D that people like, the more demand there is for D&D overall, and the more people that seek out the core D&D books, or other things that the compatible stuff builds off of.

Of course, if WotC goes and does something that people don't like as much (see: 4e), then, yeah, they lose out. But that was also a feature of the original design of the OGL. The designers wanted the d20 (though not the "d20" trademark) ecosystem to be able to continue even if a future version of WotC went in the wrong direction and broke D&D. And, indeed, the original Pathfinder release was an example of the OGL working as designed.
 

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I get that it is technically different. What meaningful difference does that make though? Was there a slew of D&D 3e adventures or products that I’m not aware of? If anyone not able to publish what they want for 5e?
It's a meaningful difference if you want to publish something for a non-5E game released under the OGL. Pathfinder 1E still has a not-inconsiderable number of holdouts, for instance.
 

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.
Oh, yeah. They achieved their goal and everybody applauded. The OGL is--effectively--dead in the water. Mission, as they say, accomplished. The next stage is the control of distribution via the walled garden of D&D Beyond-- doesn't matter that you can make 5E products if nobody will buy them.
 

Oh, yeah. They achieved their goal and everybody applauded. The OGL is--effectively--dead in the water. Mission, as they say, accomplished. The next stage is the control of distribution via the walled garden of D&D Beyond-- doesn't matter that you can make 5E products if nobody will buy them.
Yeah, their ultimate goal will be achieved anyway by just getting a critical mass of players on DDB. That's a marketplace they completely control, and if they can get those users to not be interested in anything that doesn't offer DDB integration then their goals are achieved regardless.

That's why releasing the SRD into the Creative Commons, ultimately, doesn't matter.

MBAs gonna MBA.
 

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.
I don't know. I expect the company might rationally want to know from feedback how much it is likely to be hated from feedback even if they decide for other business reasons they still want to do it (to prevent losing lucasfilm licensing).
 

I never understood why and how WotC profits from the OSL. To me it feels like they basically let anyone (even giant companies) use everything except the copyrighted stuff from their work, and they are not seeing a dime out of it. I mean, Paizo basically built Pathfinder out of the OSL 3.5E, and I doubt WotC ever saw any money from that...
For example, to use the Tal'Dorei book from that show you like, you would need to own the core rules for 5E. I can use the Tales of the Valiant monster book with 5E. The idea is you can remove the expense for supporting the game, for segments you don't fee like making or think aren't worth it to others while reaping the benefits. That way the game stays fresh for users and you keep them playing the game longer and buying the stuff you do put out yourself and then cycle repeats.
Yeah, eyeheartawk is right. They figured that they'd still be selling the core rulebooks even if people were making heavy use of the 3pp material published under the OGL. And it's not that they didn't just count on Paizo building Pathfinder to be more direct competition, they didn't anticipate products like Mutants and Masterminds either. Or, really, any of the other OGL-based RPGs that wouldn't have used the 3e core rulebooks or deviated so substantially that they weren't really compatible anymore.
Of course, if WotC goes and does something that people don't like as much (see: 4e), then, yeah, they lose out. But that was also a feature of the original design of the OGL. The designers wanted the d20 (though not the "d20" trademark) ecosystem to be able to continue even if a future version of WotC went in the wrong direction and broke D&D. And, indeed, the original Pathfinder release was an example of the OGL working as designed.
I'm not entirely sure that was part of the original design intent. It's true that the OGL protected the d20/3e version of D&D from being inaccessible, but I don't think they necessarily intended it to be a defense against alternate design directions taken by an otherwise healthy company. Defense against said company jerking around with the licensing... yeah, maybe. I just don't think it was defense against 4e, per se, as much as against the shenanigans of the GSL.
 

I never understood why and how WotC profits from the OSL. To me it feels like they basically let anyone (even giant companies) use everything except the copyrighted stuff from their work, and they are not seeing a dime out of it. I mean, Paizo basically built Pathfinder out of the OSL 3.5E, and I doubt WotC ever saw any money from that...
Wizards can't profitably make small-fry stuff. Everything they do has to be at least reasonably big, and appeal to a wide audience.

But there are still people out there who would want more niche stuff. A book of weapons based on cardinal virtues and deadly sins? A book about the culture of river-traveling halflings? A 6th level adventure exploring an underwater temple? These are all ideas that potentially could lead to profitable books, but nowhere near profitable enough for Wizards. So the original idea of the OGL was "Hey, you guys do that stuff." It makes that stuff available for those who want it, without having Wizards spending time and effort on it.

The original concept also had the d20 System Trademark License as a companion to the OGL. The STL allowed people to indicate D&D compatibility using the "d20 System" logo as well as writing "Requires the use of the D&D Player's Handbook", at the cost of following a whole package of much stricter rules – you couldn't redefine certain game terms, and you couldn't include rules for character generation (you could have a class description, but not the rules that explain what a class is and what you do with it). It was believed that this would keep most of the d20 stuff aimed at supporting D&D rather than doing Pathfinder-type stuff. There were some experiments in doing standalone d20-based RPGs without using the d20 logo, such as Spycraft, Arcana Unearthed, and Mutants & Masterminds, but those never made a dent in D&D's sales, and the prevailing idea was "Hey, if there's a d20 supers game out there, that will mean that D&D players looking for a supers game will play that, and when they want to play fantasy again they'll come back to D&D. If there's no d20 supers game, they will look elsewhere, and once they start doing that it'll be harder to get them back." And as for competing in the fantasy genre, I believe the prevailing idea was "I'd like to see them try."

The STL was a casualty of 4e, and even when Wizards opened a limited 5e under the OGL they never reintroduced the STL. Perhaps because in the years since, Pathfinder had shown that if you had built enough of an audience, you could do without it because people will flock to the Pathfinder name just as much as to the d20 System logo.
 

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.
One shouldn't start a "request for feedback" with "As soon as this is released I will burn your house down and shoot your cat".
 

I'm not entirely sure that was part of the original design intent. It's true that the OGL protected the d20/3e version of D&D from being inaccessible, but I don't think they necessarily intended it to be a defense against alternate design directions taken by an otherwise healthy company. Defense against said company jerking around with the licensing... yeah, maybe. I just don't think it was defense against 4e, per se, as much as against the shenanigans of the GSL.
That was its primary purpose according to the guy who wrote it, Ryan Dancey. The stuff about encouraging other publishers to buy into their ecosystem was just how he sold the company on the idea, but his personal ultirior motive was to safeguard D&D itself against future-WotC potentially going under, or trying to take the game in a bad direction.
 

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