OGL: Kobold Press 'Raising Our Flag' For New Open RPG

Kobold Press has announced its plans regarding the upcoming new OGL v1.1, which involves a new, open game codenamed Project Black Flag.

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Kobold Press has been and always will be committed to open gaming and the tabletop community. Our goal is to continue creating the best materials for players and game masters alike.

This means Kobold Press will release its current Kickstarter projects as planned, including Campaign Builder: Cities & Towns (already printed and on its way to backers this winter).

In particular, Deep Magic Volume 2 will remain fully compatible with the 5E rules. We are working with our VTT partners to maintain support for digital platforms.

As we look ahead, it becomes even more important for our actions to represent our values. While we wait to see what the future holds, we are moving forward with clear-eyed work on a new Core Fantasy tabletop ruleset: available, open, and subscription-free for those who love it—Code Name: Project Black Flag.

All Kobolds look forward to the continued evolution of tabletop gaming. We aim to play our part in making the game better for everyone. Rest assured, Kobold Press intends to maintain a strong presence in the tabletop RPG community. We are not going anywhere.

Raising Our Flag - Kobold Press

Kobold Press is committed to open gaming. We are moving forward with clear-eyed work on a new Core Fantasy tabletop ruleset: available, open, and subscription-free for those who love it—Code Name: Project Black Flag.

koboldpress.com

 

[see]

Kobolds, Dragons and Worms are mythological creatures, to which WotC certainly does not have any claim whatsoever.
Drow and Duergar are, afaik, indeed claims they have.

"Drow" is an alternate spelling in the Oxford English Dictionary for "trow", an Orkney and Shetland dialect word for "troll". "The Duergar" was the name of the story about a kind of dwarf in the 1944 story collection Folk Tales of the North Country.

The problem, accordingly, is not the names. The problem is that the whole concept-cluster around D&D drow is original to D&D. Now, sure, you can make yours a little different. But then you have them alongside kobolds that are just a little different from the D&D version, and dwarves that are just a little different than the D&D version, and dragons that are just a little different, and so on and so forth . . . well.

Either all your differences result in something quite distinct from D&D lore, or you've got enough points of similarity that what you've created is a derivative work of the stuff WotC has the copyright on. And there is no clear line for what constitutes enough similarity to be a "derivative work". Derivative work law is exactly what blows up the 19th Century truism that "copyright protects expression, not ideas" when you go to argue that you wrote all your text anew, and why people trying to do game material compatible with D&D without a license from WotC need actual advice from actual lawyers.

When I read an argument that Pathfinder 2nd edition, as it exists, doesn't need the OGL 1.0a to be legal, this is what causes me to shake my head in despair. You go into court and try to argue, say, the black/blue/green/red/white dragons as presented in the 2nd edition Pathfinder Bestiary aren't derivative works of things WotC owns the copyright to, you will be handed your head.

(No, I'm not a lawyer, so no, I'm not a "real expert". Nor is my prediction that you'll be handed your head legal advice. But it's still true.)

 

[Steel_Wind]

@Steel_Wind Okay, so I'ma have to point you to lawyers saying it's not so open and shut, including on threads on this site.

You don't have to agree with them, but bluntly put there's no basis to take your word over theirs, whether you yourself are a lawyer or no.

You should probably read the 61 pages you pointed me to. I'm the litigator in that thread who said there what I'm saying above. They probably aren't winning the case, and they are highly unlikely to win an injunction.

That doesn't mean a defendant has no risk. "Probably" is another way of saying "maybe not" when approached from the opposite perspective.

And "highly unlikely" is another way of saying "it's not hopeless and they have a chance", again, depending on which way you want to see it.

Nothing is certain in litigation. We can deal only in probabilities. You've rolled enough "20s" to know that it happens a lot, right?

Still, if you are going to make a bet whether you roll a 20 or not -- or even 17+ on the next roll of the dice, you also know which way that die roll is likely to pan out, right?

Same thing.

 

[Riley]

In case some folks haven't or can't click thru:
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As Dungeons & Dragons moves toward the 50th anniversary of the game, foundational changes are afoot in the tabletop roleplaying game arena. While we wait to see exactly what shape the Open Gaming License might take in this new era, Kobold Press is also moving forward with some clear-eyed work on keeping the 5E rule set available, open, and subscription-free for those who love it: the Core Fantasy experiment. To receive future announcements and to register to playtest this ruleset, please sign up using this form.

When the new Open Gaming License and an updated System Reference Document are made public, Kobold Press will review the terms and consider whether they fit the needs of our audience and our business goals.

The kobolds are looking forward to the continued evolution of tabletop gaming, and we aim to play our part in making the game better. Rest assured Kobold Press intends to maintain a strong presence in the tabletop RPG community.
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I am cooler on this than I was on the front page of the announcement. First off, I don't know how they think they are going to legally pull it off. Secondly, do we need this?

Kobold Press has revised this text a bit, removing the detail about 5e:

As Dungeons & Dragons moves toward the 50th anniversary of the game, foundational changes are afoot in the tabletop roleplaying game arena. While we wait to see exactly what shape the Open Gaming License might take in this new era, Kobold Press is also moving forward with some clear-eyed work on work on a new Core Fantasy tabletop ruleset: available, open, and subscription-free for those who love it: Code Name — Project Black Flag. To receive future announcements and to register to playtest this ruleset, please sign up using this form.

When the new Open Gaming License and an updated System Reference Document are made public, Kobold Press will review the terms and consider whether they fit the needs of our audience and our business goals.

The kobolds are looking forward to the continued evolution of tabletop gaming, and we aim to play our part in making the game better. Rest assured Kobold Press intends to maintain a strong presence in the tabletop RPG community.

Kobold Press Announces New Core Fantasy Experiment

Kobold Press Announces New Core Fantasy Game As Dungeons & Dragons moves toward the 50th anniversary of the game, foundational changes are afoot in the tabletop roleplaying game arena. While we wait to see exactly what shape the Open Gaming License might take in this new era, Kobold Press is...

koboldpress.com

 

[tetrasodium]

Weren't there rumors about paizo thinking about a PF1.5 that sits somewhere between PF1 starfinder & PF2 a while back? Seems like this is the perfect alignment of stars for all the big 3PP companies putting rocket boots on such a collaboration that can say it's not sourced from 5e in a courtroom.

 

[humble minion]

Kobold Press has revised this text a bit, removing the detail about 5e:

Kobold Press Announces New Core Fantasy Experiment

Kobold Press Announces New Core Fantasy Game As Dungeons & Dragons moves toward the 50th anniversary of the game, foundational changes are afoot in the tabletop roleplaying game arena. While we wait to see exactly what shape the Open Gaming License might take in this new era, Kobold Press is...

koboldpress.com

Yeah, that's a very big change. KP publishing their own in-house system under an open licence is a lot smaller deal than KP publishing a 5e-compatible system under an open licence. Paizo, Green Ronin, Monte Cook and a zillion others already do this, and MCDM has just announced they'll be doing it too. Adding another minor-company fantasy system to the stew isn't going to change anything much.

The original release implied that they were going to go head-on with WotC on the revocability of 1.0a etc. It seems like this either is not the case, or else they're hoping to but aren't ready to commit until they get really comprehensive legal advice etc.

 

[GMforPowergamers]

now that we know it will be a 5e retro clone I signed up and am hopeing to push to have less HP and more 4e stuff (bloodied, warlords, fighters having options)

 

[Reef]

I'm guessing they may still be hoping for some compatibility, but maybe someone from the legal department told them not to state it quite so boldly?

 

[GMforPowergamers]

When I read an argument that Pathfinder 2nd edition, as it exists, doesn't need the OGL 1.0a to be legal, this is what causes me to shake my head in despair. You go into court and try to argue, say, the black/blue/green/red/white dragons as presented in the 2nd edition Pathfinder Bestiary aren't derivative works of things WotC owns the copyright to, you will be handed your head

I can't believe that the argument of "it had it, then it didn't... it didn't change" would not shut that down.

 

[Haplo781]

That's the crazy thing, though: It doesn't.

Lots of D&D Beyond users already don't use third party content because it's so hard to integrate with D&D Beyond.

Make D&D Beyond more attractive without making it easier to add third party content, and you would effectively be pulling more people away from third party content.

They don't have to go to war to accomplish this goal.

Haha Wizards making a quality product instead of just bullying people lmao

 

[mamba]

Yeah, that's a very big change.

indeed, but not unexpected, there is no way they can be truly 5e compatible and not get sued

KP publishing their own in-house system under an open licence is a lot smaller deal than KP publishing a 5e-compatible system under an open licence. Paizo, Green Ronin, Monte Cook and a zillion others already do this

yep

and MCDM has just announced they'll be doing it too.

ooh, Matt convinced me to get back into this (well, his youtube, and the stars were aligned ), curious what be will be cooking up