Campaign Settings, and The GSL

[sinecure]

6.1 OGL Product Conversion. If Licensee has entered into the “Open Gaming License version 1.0” with Wizards (“OGL”), and Licensee has previously published a product under the OGL (each an “OGL Product”), Licensee may publish a Licensed Product subject to this License that features the same or similar title, product line trademark, or contents as such OGL Product (each such OGL Product, a “Converted OGL Product”, and each such Licensed Product, a “Conversion”). Upon the first publication date of a Conversion, Licensee will cease all manufacturing and publication of the corresponding Converted OGL Product and all other OGL Products which are part of the same product line as the Converted OGL Product, as reasonably determined by Wizards (“Converted OGL Product Line”). Licensee explicitly agrees that it will not thereafter manufacture or publish any portion of the Converted OGL Product Line, or any products that would be considered part of a Converted OGL Product Line (as reasonably determined by Wizards) pursuant to the OGL. Licensee may continue to distribute and sell-off all remaining physical inventory of a Converted OGL Product Line after the corresponding Conversion is published, but will, as of such date, cease all publication, distribution and sale (and ensure that third party affiliates of Licensee cease their publication, distribution and sale) of any element of a Converted OGL Product Line in any electronic downloadable format. For the avoidance of doubt, (a) any OGL Product that is not part of a Converted OGL Product Line may continue to be manufactured, published, sold and distributed pursuant to the OGL; and (b) this Section 6.1 will survive termination of this Agreement.

I've highlighted the important parts. Wizards are the ones who determine what qualifies as a Product Line and what doesn't. Not your company. And this determination can change without warning.

If they chose to act in bad faith, they could declare every product published by your company as part of a single Product Line. Meaning all are covered by your signing of the OSL agreement. And all would have to change whenever the OSL was changed without warning. And all must permanently terminate publication without further sale when the OSL is terminated.

 

[Turanil]

WotC will produce numerous rules supplements. Hence, where is the need to create more of them by small publishers. Why not going the way of GR's Freeport, and provide settings without game mechanics, then let customers use whatever system they want with it?

 

[Scribble]

I've highlighted the important parts. Wizards are the ones who determine what qualifies as a Product Line and what doesn't. Not your company. And this determination can change without warning.

Yep. But "reasonably determined" is the key term. We use terminology like that in health insurance. Reasonable and customary. It means we can tell a Doctor we'll pay up to a certain amount, but we can't just make that amount up willy nilly. It's based on a whole lot of surveying and legal stuff.

That's really my point. Even if the GSL says WoTC decides what a product line is, there's still law involved.

If they chose to act in bad faith, they could declare every product published by your company as part of a single Product Line. Meaning all are covered by your signing of the OSL agreement. And all would have to change whenever the OSL was changed without warning. And all must permanently terminate publication without further sale when the OSL is terminated.

That's a bit on the "conspiracy theory" side in my opinion... WoTC is a business, and a business that has a valuable brand, and is trying to protect that brand. They're not looking for a way to screw over countless businesses. They're looking for people to support their brand.

If that's what you're doing, my guess is you'll be fine. What it seems to me like they're doing is just trying to keep people from taking the 4e work, and "redefining" it into their "own" game system, and try to take customers away from D&D with it.

 

[ProfessorCirno]

That's a bit on the "conspiracy theory" side in my opinion... WoTC is a business, and a business that has a valuable brand, and is trying to protect that brand. They're not looking for a way to screw over countless businesses. They're looking for people to support their brand.

If that's what you're doing, my guess is you'll be fine. What it seems to me like they're doing is just trying to keep people from taking the 4e work, and "redefining" it into their "own" game system, and try to take customers away from D&D with it.

Unfortunately, businesses aren't always known for making good decisions. See also Atari attempting to sue reviewers who gave one of their games a bad review

 

[JVisgaitis]

That is the trick. As far as I can tell (and IANAL, and even if I was, this wouldn't be legal advice), its only the OGL that purposefully gets crippled.

Pretty much, yep. Just for the record IANAL either.

 

[sinecure]

Yep. But "reasonably determined" is the key term. We use terminology like that in health insurance. Reasonable and customary. It means we can tell a Doctor we'll pay up to a certain amount, but we can't just make that amount up willy nilly. It's based on a whole lot of surveying and legal stuff.

That's really my point. Even if the GSL says WoTC decides what a product line is, there's still law involved.

I think the question everyone wants to know the answer to is:

What extra law is involved in determining how 3rd Party Publishers can declare their products as one Product Line or another?

There is a huge degree of difference in what we will see published for 4E depending on how those laws are interpreted.

Who's going to start a business venture, take the financial risk, and chance it to see what Wizards won't pull the license on?

Or have Wizards send you a cease and desist on a project you started and are now bringing to advertising stage?

Or should all publishers just clear their business plans with WotC before they begin anything?

 

[Scribble]

Unfortunately, businesses aren't always known for making good decisions. See also Atari attempting to sue reviewers who gave one of their games a bad review

Yep, there are some companies that do stupid stuff.. How well did it work out for Atari?

I, however, prefer to live life assuming most companies will work in a normal business fashion... and not insanely.

I think the question everyone wants to know the answer to is:

What extra law is involved in determining how 3rd Party Publishers can declare their products as one Product Line or another?

Which is why it's a good thought to talk to a lawyer before attempting to get into business, let alone one where you're licensing someone else's brand to do it.

I'm guessing there are ways to establish "product lines." I also guess the only time WoTC will dispute it with you is if you're doing something shady.

Who's going to start a business venture, take the financial risk, and chance it to see what Wizards won't pull the license on?

Apparently more then one so far!

I think businesses, however, need to think like businesses, and not just think with their emotions.

 

[ki11erDM]

Maybe I am missing something but as I understand it if WoTC tells you to “stop using our brand on your product” then you take the brand off and take the D&D mechanics out and republish the book. As long as you are not using ANY of their content from the OGL or GSL they can’t do anything to you, Right?

So as long as you don’t piss them off for some reason odds are good that the only reason WoTC would tell you to stop using the brand is when 5e comes out… and then you republish it under that GSL.

That is expecting that WoTC acts like a sane and rational business, but if you are assuming they are not going to be that, why in the world would you want anything to do with the D&D license?

 

[Scribble]

That is expecting that WoTC acts like a sane and rational business, but if you are assuming they are not going to be that, why in the world would you want anything to do with the D&D license?

Thats kind of been what I was wondering...

 

[Destil]

You know, someone who's interested in doing something like this, seriously, could just ask WotC when they request permission to use the GSL...

A lot of people keep mentioning how vague the definitions are, but something like this I'd be surprised if you didn't get a clear answer.