Keith Baker asks about walking away from Eberron.

Snarf Zagyg

Notorious Liquefactionist
Supporter
While true, I think the timing now is right. The Hasbro debacle has created a situation where it's no better time to create your own stuff. And unlike 99% of 3PP, Keith has name recognition and a following to help as gamers are moving from D&D.*


*I'm not saying D&D is going away, or it won't survive, so calm down folks ;). I'm only saying now more than any other time (except maybe after 4e came out) a lot of fans are looking for something different.

....maybe.

But look at the example you just used. The 4e example.

That wasn't people looking for something different. That was people looking for the same thing. And what happened? You had a bunch of people arguing about who was "really" playing ... wait for it ... D&D.

I get it. People are angry. But this is, what, two, three weeks? I see people saying, "Teach me how to play PF2e!" And then when I see people actually explaining it, everyone is like ...

giphy.gif


I get it. If you say that this time, it's different, you might be right! But I've seen 50 years of it not being different. It's a very small hobby compared to just about everything else. And (as you well know) being a 3PP doing your own thing has always been hard. Maybe I lack imagination, maybe I lack fire.

But I know that there is a reason that they keep building bigger and better casinos in Vegas. In the long run, it seems like the House does okay.
 

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Loren the GM

Adventurer
Publisher
I seem to recall that, perhaps in the original agreement, but I can't find it now.

Finding a readable copy of the DM's Guild license requires a logged-in click-through to actually try to set up a product. Sections 4 and 5 are the parts that describes where content may be used.

Community Content Agreement

This Community Content Agreement (this “Agreement”) is a binding agreement between you, the individual identified by your customer account on this website or the legal entity you represent, and OneBookShelf, Inc. (“OBS”) the parent company of website marketplaces including DriveThruRPG, RPGNow and more.
This Agreement covers your participation in and use of the Dungeon Masters Guild and the website, www.DMsGuild.com (the “Program”).
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You accept this Agreement by clicking “I Agree” to set up and submit a new title (the “Work”) to OBS.
2. Intellectual Property Definitions
(a) Hasbro, Inc. d/b/a Wizards of the Coast LLC (collectively, the “Owner”) has granted OBS the right to use elements of Owner’s Dungeons & Dragon tabletop roleplaying game (“Owner’s IP”) and sublicense certain limited rights to you under the terms of this Agreement.
Owner’s IP includes any and all Dungeons & Dragons tabletop roleplaying materials and content made available to you through the Program including, but not limited to:
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Owner’s IP may be amended at any time and for any reason whatsoever without liability to you. However, any Work published in the Program prior to the removal of Owner’s IP will not require the removal or amendment of that Work.
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(a) This Agreement constitutes the entire agreement between the parties with respect to its subject matter. If any provision of this Agreement is held invalid by a court or other tribunal with jurisdiction over the parties to this Agreement, that provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of this Agreement will remain in full force and effect. The failure of either party to enforce any provision of this Agreement does not waive the party's rights to subsequently enforce the provision.
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Changelog
On 15-January-2016 we amended sections 2c and 8c to clarify illustration and maps usage.
 

eyeheartawk

#1 Enworld Jerk™
(b) Except for short promotional excerpts used to promote your Work, you may not display, recreate, publish, distribute or sell your Work (or derivatives thereof) outside of the Program administered on OBS websites or through other platforms or channels authorized or offered by Owner.
There it is!

Thanks!

But yeah, that may make re-purposing already published stuff on DMs Guild problematic.
 

Sacrosanct

Legend
....maybe.

But look at the example you just used. The 4e example.

That wasn't people looking for something different. That was people looking for the same thing. And what happened? You had a bunch of people arguing about who was "really" playing ... wait for it ... D&D.

I get it. People are angry. But this is, what, two, three weeks? I see people saying, "Teach me how to play PF2e!" And then when I see people actually explaining it, everyone is like ...

giphy.gif


I get it. If you say that this time, it's different, you might be right! But I've seen 50 years of it not being different. It's a very small hobby compared to just about everything else. And (as you well know) being a 3PP doing your own thing has always been hard. Maybe I lack imagination, maybe I lack fire.

But I know that there is a reason that they keep building bigger and better casinos in Vegas. In the long run, it seems like the House does okay.
FWIW, this is my prediction:

Uproar (current state)
People forget or find something else to be mad about (in a couple months from now--we don't hear about the MtG debacle any longer, do we?)
DnD is still overwhelmingly #1.

I base this because most gamers aren't on forums getting outraged. Matt Coville is pretty much right on his rant. The future is the digital platform, so that only helps larger companies. And a lot of folks vastly underestimate the importance of branding. Anyone who took a marketing class in college knows how important that is, and D&D has it.

I'm only saying that if you're (general you) gonna branch out and do your own thing, now is the time to do it, and not wait until after the attention goes somewhere else.
 


Snarf Zagyg

Notorious Liquefactionist
Supporter
I'm only saying that if you're (general you) gonna branch out and do your own thing, now is the time to do it, and not wait until after the attention goes somewhere else.

I agree with everything you say. My only caveat is this.

If you have a LOT of people suddenly out there doing their own thing ... then on the one hand, you are striking while the iron is hot (so to speak). On the other hand, you have a lot more people chasing what is likely a smaller and transitory market.

But we'll see! That's the thing about the future ... it comes for all of us.
 

Sacrosanct

Legend
Finding a readable copy of the DM's Guild license requires a logged-in click-through to actually try to set up a product. Sections 4 and 5 are the parts that describes where content may be used.

Community Content Agreement

This Community Content Agreement (this “Agreement”) is a binding agreement between you, the individual identified by your customer account on this website or the legal entity you represent, and OneBookShelf, Inc. (“OBS”) the parent company of website marketplaces including DriveThruRPG, RPGNow and more.
This Agreement covers your participation in and use of the Dungeon Masters Guild and the website, www.DMsGuild.com (the “Program”).
1. Acceptance
You accept this Agreement by clicking “I Agree” to set up and submit a new title (the “Work”) to OBS.
2. Intellectual Property Definitions
(a) Hasbro, Inc. d/b/a Wizards of the Coast LLC (collectively, the “Owner”) has granted OBS the right to use elements of Owner’s Dungeons & Dragon tabletop roleplaying game (“Owner’s IP”) and sublicense certain limited rights to you under the terms of this Agreement.
Owner’s IP includes any and all Dungeons & Dragons tabletop roleplaying materials and content made available to you through the Program including, but not limited to:
Dungeons & Dragons rule sets
Portions and elements of Dungeons & Dragons campaign settings
Artwork and other graphic templates and materials

Owner’s IP may be amended at any time and for any reason whatsoever without liability to you. However, any Work published in the Program prior to the removal of Owner’s IP will not require the removal or amendment of that Work.
(b) “Program IP” shall be defined as any User Generated Content (defined, below) distributed by the Program.
(c) “User Generated Content” shall be defined as the copyrightable elements included in your Work, such as original characters, scenes, locations and events. User Generated content shall not include the illustrations and cartographic artwork included in your work. Per the terms of this Agreement, you expressly agree that your User Generated Content, once submitted to the Program will become Program IP and useable by other members of the Program as well as the Owner as described in this Agreement.
3. Account Information; Account Suspension.
(a) Account Information; No Multiple Accounts. You must have an active user account in order to participate in the Program. You must ensure that all information you provide in connection with establishing your account, such as your name, address and email, is accurate when you provided it, and you must keep it up to date as long as you use the Program. You may maintain only one account at a time. You will not use false identities or impersonate any other person or use a username or password you are not authorized to use. You also consent to our sending you emails related to the Program and other publishing opportunities. This consent regarding contacting you by email takes precedence over any contrary directions you may have given us, including through a Wizards website.
(b) Account Security. You are solely responsible for safeguarding and maintaining the confidentiality of your account username and password and are responsible for all activities that occur under your account, whether or not you have authorized the activities. You may not permit any third party to use the Program through your account and will not use the account of any third party. You agree to immediately notify OneBookShelf.com of any unauthorized use of your username, password or account.
(c) Account Suspension. We may suspend your account or your participation in the Dungeon Masters Guild at any time. You acknowledge that if we do so, you may be prevented from accessing communications and content on the Dungeon Masters Guild. If we suspend your account, you must stop using all Dungeon Masters Guild accounts and you will not create any new accounts.
4. Rights Granted to You.
(a) Subject to your compliance with the terms of this Agreement, OBS grants you the limited, nonexclusive, nontransferable, personal, worldwide and revocable right to use and otherwise incorporate Owner’s IP and Program IP into your Work(s) for distribution through the Program or other platforms and channels at the sole discretion of Owner.
(b) Except for short promotional excerpts used to promote your Work, you may not display, recreate, publish, distribute or sell your Work (or derivatives thereof) outside of the Program administered on OBS websites or through other platforms or channels authorized or offered by Owner.
5. Rights You Grant to OBS
(a) No Reversion. Due to our licensing arrangement with the Owner and the collaborative nature of the Program, you are granting us broad licenses in your Work and your User Generated Content included in your Work, and the rights to your Work will not be reverted once it is published in the Program. You will have the ability through online tools at OBS websites to stop public display and sale of your Work on OBS marketplaces, but not to stop the sale of works of other authors in the Program even when such works use your User Generated Content that you originally created in your Work and thereby became part of the Program IP for other authors to use.
(b) Exclusive License to your Work. Effective as of the date you setup your Work through the Program on OBS’s website, you grant us the exclusive, irrevocable license for the full term of copyright protection available (including renewals), to develop,
license, reproduce, print, publish, distribute, translate, display, publicly perform and transmit your Work, in whole and in part, in each country in the world, in all languages and formats, and by all means now known or later developed, and the right to prepare derivative works of your Work.
(c) Exclusive License to all User Generated Content in your Work. Effective as of the date we first make your Work available through the Program, you grant us the exclusive, irrevocable license for the full term of copyright protection available (including renewals), to all User Generated Content included in your Work. You agree that the User Generated Content is available for unrestricted use by us without any additional compensation, notification or attribution, including that we may allow other Program authors, the Owner and other third parties to use the User Generated Content.
6. Waiver of Claims; Waiver of Moral Rights.
In order to prevent legal claims that could be disruptive to the Program participants or impede the ability of you and other Program authors to participate in the Program, you irrevocably waive any legal claim you may have under any theory of law in any territory that your rights were infringed due to any use of your User Generated Content by us, the Owner or its affiliates, licensees and sublicensees, and/or any other Program authors, including copyright infringement. This waiver does not apply to royalty payments we may owe you under Section 7. You also irrevocably waive any moral rights in your Work and agree not to assert any moral rights in your Work against us, the Owner, and/or other Program authors. If, under any applicable law, this waiver of moral rights is not effective, you acknowledge that your Work is subject to the licenses you grant in Section 4 without any credit obligation, that you intend for your Work to be used in this way, and that this form of use will not be contrary to your moral rights.
7. Royalties and Payments
(a) Royalties. As full consideration of the rights you grant us under this Agreement, we will pay you a 50% royalty of the price paid on digital download format sales of your Work, and a 50% royalty on the print margin of print-on-demand sales of your Work. Print Margin is the amount paid less the print cost to physically manufacture the book as listed on OBS websites.
(b) Sales taxes and freight charges are not considered part of the price paid.
(c) No royalties accrue on sales resulting in consumer refunds, charge backs, or fraud.
(d) Royalties are computed in US dollars.
(e) Royalties are paid via PayPal. You shall have access on OBS websites to a webpage that allows you to withdraw accumulated royalties to your PayPal account. OBS may deduct a fee of $2 or PayPal’s prevailing fee for its MassPay service from each payment to you.
(f) OBS or Owner may send complimentary copies of your work for reasonable promotional and administrative purposes. No royalties shall be paid to you on such copies.
(g) You shall set the sale price of your Work. OBS may include your Work in site promotional sales events at discounts up to 40% off your normal sale price.
(h) Royalties on a sale of your Work shall be eligible for your withdrawal 60 days after the sale.
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You represent and warrant that:
(a) You are old enough to form a legally binding contract.
(b) If you are accepting this Agreement on behalf of a company or other legal entity, you represent that you have the legal authority to bind that company or legal entity.
(c) Excluding the Owner’s IP and Program IP which we license to you and excluding the illustrations and cartographic artwork in your Work, you are the sole owner of all rights in your Work. You have the rights or license to use the illustrations and cartographic artwork in your Work.
(d) Your Work does not contain material that is libelous; that violates the copyrights or trademarks of another party; that violates the law; or that the general public would classify as pornography.
You will indemnify and hold OBS and Owner harmless from any liability or cause of action arising from any breach of your representations and warranties including all reasonable attorneys’ fees and costs.
9. No Obligation to Make Available or Sell. You acknowledge that we have no obligation to market, distribute, or offer for sale your Work, or to continuing marketing, distributing or selling your Work after we have started doing so. We may remove your Work from the Program and cease further exploitation at any time in our sole discretion without notice to you.
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SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES; AS SUCH THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU IN ITS ENTIRETY.

11. Execution of Further Agreements and Documents. Protection of rights sometimes requires formal filings of paper documents and it may be helpful for us to have physical signed versions of this Agreement or other documents. You agree to sign and deliver to us any further documents that we may reasonably request to confirm your grant of rights to us (and Owner) under this Agreement, following all instructions we provide for signature and return (“Additional Documents”). If you do not complete and return any such Additional Documents within 30 days after we request them, you agree that we can sign the Additional Documents on your behalf and, to make your agreement legally enforceable, you hereby irrevocably appoint us as your attorney-in-fact with full power to execute, acknowledge and deliver the Additional Documents as required to confirm our rights. In legal terms, your appointment is a power coupled with an interest.
12. No Rescission or Injunctive Relief. All rights granted to us (and Owner) under this Agreement are irrevocably vested. No breach by us (or Owner) of this Agreement will entitle you to equitable relief, whether injunctive or otherwise, against or with respect to your User Generated Content or any other works produced pursuant to the rights granted under this Agreement or their exploitation. If the rights granted to OBS (or Owner) under this Agreement should revert to you under any copyright law or similar law, and if you are at any time thereafter prepared to enter an agreement with a third party for the license, exercise or other disposition of all or any of those rights, you will, before entering into the agreement, give OBS and Owner notice of the proposed terms (and all modifications of the terms) and the party involved. In each case, both OBS and Owner will then have 10 business days in which to elect to acquire the rights involved on the terms you offered to that third party.
13. General Provisions.
(a) This Agreement constitutes the entire agreement between the parties with respect to its subject matter. If any provision of this Agreement is held invalid by a court or other tribunal with jurisdiction over the parties to this Agreement, that provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of this Agreement will remain in full force and effect. The failure of either party to enforce any provision of this Agreement does not waive the party's rights to subsequently enforce the provision.
(b) The parties are independent contractors with respect to each other. This Agreement does not constitute and shall not be construed as constituting a partnership or joint venture among the parties hereto, or an employee/employer relationship.
(c) This Agreement will be binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and assigns.
(d) You agree that all matters relating to your access to or use of the Program, including all disputes, will be governed by the laws of the United States and by the laws of the State of Washington without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in King County, Washington, and waive any objection to such jurisdiction or venue. The preceding provision regarding venue does not apply if you are a consumer based in the European Union. If you are a consumer based in the European Union, you may make a claim in the courts of the country where you reside. Any claim under this Agreement must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. You expressly acknowledge and agree that no recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between us and you arising out of or in connection with your use of the Program, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
Changelog
On 15-January-2016 we amended sections 2c and 8c to clarify illustration and maps usage.
I see they used the word "irrevocable" in that license ;)
 


Sacrosanct

Legend
If you have a LOT of people suddenly out there doing their own thing ... then on the one hand, you are striking while the iron is hot (so to speak). On the other hand, you have a lot more people chasing what is likely a smaller and transitory market.
Absolutely agree. But I think that impacts folks like me--small time publishers with no large name recognition. For folks like Keith, KP, or Paizo? I think they can take advantage of that and separate from the chaff.
 

Loren the GM

Adventurer
Publisher
I see they used the word "irrevocable" in that license ;)
If you like that, they also have a very clear description of exactly what their content guidelines are, which could pretty easily be used word for word in the new proposed OGL 1.2 (or at least a strong basis):

What are other rules or requirements for my content?
More than a platform, Dungeon Masters Guild is a license of Wizards of the Coast’s fifth edition Dungeons & Dragons. Because titles published under the DMsGuild license are strongly associated with Wizards of the Coast, they must follow content guidelines intended to protect the Dungeons & Dragons brand. Please read below for specific guidance for all Community titles added to our catalog December 2020 or later. If you have questions or concerns about these guidelines, please e-mail dmsguild@onebookshelf.com.

This license does not allow:

  • Racist, sexist, homophobic, transphobic, discriminatory, or other bigoted views or hate speech.
  • No mentions or implications of rape or other forms of sexual assault as defined by RAINN (Rape, Abuse & Incest National Network). Content warning: This link details definitions of assault, rape, force, etc.
  • Mentions of overt real-world political organizations or individuals. For example: A parody of a politician is ok, but the exact likeness and name of that politician is not.
  • Gratuitously explicit depictions or descriptions of harm being done to children, especially such descriptions that cannot be distinguished from real life. For example: A scene that details how a human bandit tortures a child after kidnapping them is not ok. A reference to monstrous hags luring children into a forest is ok with no “on-screen” depictions of harm. A scenario involving a human bandit restraining but not harming a young prince to abduct him for ransom is acceptable.
  • Explicit descriptions of sexual acts. Any reference to sex or suggestive behavior by or targeting creatures under the age of consent in their respective fantasy cultures.
  • Sexually-derived or excessive profanity.
  • Illegal and Infringing content. It is the content creator’s responsibility to ensure that their content does not violate laws, or copyright, trademark, privacy, or other rights.
  • Create, don’t copy. We reserve the right to stop publishing and selling your work if we think it goes against the spirit of the Dungeon Masters Guild program. All authors should respectfully use the content originally created by Wizards of the Coast or other Dungeon Masters Guild creators. For example, if a Dungeon Masters Guild author releases a trilogy of adventures, and another author takes those three adventures, compiles them, and republishes them as a single collection, without substantive original additions or changes, then we would stop publishing and selling that collected work because it adds no value to the Dungeon Masters Guild community content. It’s simply one author copying another author’s work and looking to make a royalty on it.
This license does not allow artwork that depicts:

  • Real or simulated sexual acts (including manual, oral, anal, vaginal, etc.).
  • Full nudity or exposed genitals. The region of the breast, coded for any gender, that contains the nipple and areola must be covered by an opaque material and not be visible as an outline through that material.
  • Extreme gore, mutilation of body parts, and intense violence. Some fantasy and unrealistic violence allowed. For example: Bloodless dismemberment is acceptable.
D&D historically has touched on dark or mature themes. To help you navigate the boundaries of what is listed above, here are just a few examples of what is allowed:

This license allows:

  • Alcohol use, tobacco use, and fantasy drug references. For example: A phosphorescent mushroom that produces hallucinatory effects when eaten is allowed. A reference to a real-world drug like cocaine is not allowed.
  • Suggestive themes, including references or non-explicit depictions of sexual behavior in written material and any same-sex or gender-queer expressions of said behavior.
  • Depictions of disease, physical illness, and mental illness that are respectful of the dignity and personhood of real-life individuals with similar illnesses.
Please keep in mind that your DMsGuild customers will have varying degrees of comfort with these themes and others. When in doubt, we highly recommend including a Content Warning in your product description to list any mature or controversial themes and always treating such themes with thoughtfulness and respect. This resource gives some instruction on how to give an effective content warning.

If a creator violates one of the guidelines above, a DMsGuild staff member will contact them to address changes, potentially deactivating the title from sale until necessary changes are made or working with the creator to move their title to another platform provided it follows the Open Gaming License. Violations identified by our internal team or reported by customers are reviewed by Dungeon Masters Guild employees. Questionable violations are reviewed by the OneBookShelf team and discussed with the author.

It is always our goal for the guidelines above to be all encompassing of all content produced for all time. However, we must recognize the possibility a future title could shed light on a guideline we had not considered. As such, these guidelines are subject to change, and such changes are made with serious consideration and external feedback/consultation. Creators are expected to adhere to the most recent version of these guidelines.
 

Voidrunner's Codex

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